We have translated 7 more CRA severed letters
24 April 2023 - 10:34pm
Email this ContentWe have published a translation of a CRA ruling issued earlier in the year and a further 6 translations of CRA interpretations released in July and June of 2003. Their descriptors and links appear below.
These are additions to our set of 2,445 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 19 ¾ years of releases of such items by the Directorate. These translations are subject to our paywall (applicable after the 5th of each month).
| Bundle Date | Translated severed letter | Summaries under | Summary descriptor |
|---|---|---|---|
| 2023-02-08 | 2021 Ruling 2021-0904311R3 F - Butterfly Reorganization | Income Tax Act - Section 55 - Subsection 55(1) - Distribution | butterfly transaction for a farming corp (DC) of two brothers coupled with an immediate gift of shares of DC and TC to their respective sons under s. 73(4.1) |
| Income Tax Act - Section 191 - Subsection 191(5) | specified amount included in shares issued on butterfly distribution | ||
| Income Tax Act - Section 186 - Subsection 186(1) - Paragraph 186(1)(b) | circularity avoided through intervening taxation year end of transferee corp | ||
| 2003-07-04 | 29 May 2003 External T.I. 2002-0160795 F - Crédit d'impôt étranger et pertes
Also released under document number 2002-01607950.
|
Income Tax Act - Section 20 - Subsection 20(12) | whether to amend a return to permit a s. 20(12) deduction where a loss carryback to that year has eliminated the s. 126(1) credit is in the CRA’s discretion |
| 4 June 2003 Internal T.I. 2003-0006967 F - Province de résidence d'une fiducie
Also released under document number 2003-00069670.
|
Income Tax Act - Section 75 - Subsection 75(2) | s. 75(2)(a)(i) inapplicable re settlor being beneficiary of trust beneficiary’s estate/ s. 75(2)(b) inapplicable re power of settlor to replace trustees | |
| Income Tax Act - Section 2 - Subsection 2(1) | Thibodeau applied to find that trust with Quebec trustee therefore was resident in Quebec | ||
| Income Tax Act - Section 120 - Subsection 120(2) | Quebec abatement available even where no Quebec tax was payable on the income (due to abuse of s. 104(13.1) election) | ||
| Income Tax Act - Section 245 - Subsection 245(1) - Tax Benefit | scheme generating Quebec abatement without payment of any Quebec tax did not result in a “tax benefit” | ||
| 24 June 2003 External T.I. 2002-0169405 F - Projet d'ingénierie
Also released under document number 2002-01694050.
|
Income Tax Act - Section 122.3 - Subsection 122.3(1) - Paragraph 122.3(1)(b) - Subparagraph 122.3(1)(b)(i) - Clause 122.3(1)(b)(i)(B) | training activity was not an “engineering activity” | |
| 24 June 2003 External T.I. 2002-0177145 F - AVANTAGE IMPOSABLE - REPAS
Also released under document number 2002-01771450.
|
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) | requirement to watch the children did not detract from taxability of free lunch | |
| 2003-06-27 | 24 June 2003 External T.I. 2002-0176475 F - DOMMAGES-INTERETS PROFESSIONEL
Also released under document number 2002-01764750.
|
Income Tax Act - Section 8 - Subsection 8(2) | personal liability for damages in excess of liability coverage not deductible given s. 8(2) |
| Income Tax Act - Section 8 - Subsection 8(5) - Paragraph 8(5)(b) | professional liability insurance premiums deductible under s. 8(5)(b) | ||
| 23 June 2003 External T.I. 2003-0004795 F - TRANSPORT AU LIEU D'EMPLOI
Also released under document number 2003-00047950.
|
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) | mandatory employer-provided transport from staging area along difficult road to remote mine was not a taxable benefit |