We have translated 12 more CRA interpretations
6 November 2023 - 11:21pm
Email this ContentWe have translated 12 further CRA interpretations released during October and September of 2002. Their descriptors and links appear below.
These are additions to our set of 2,630 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 21 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 |
|---|---|---|---|
| 2002-10-11 | 28 October 2002 External T.I. 2002-0134785 F - Partitioning of Shares | Income Tax Act - Section 248 - Subsection 248(1) - Property | interest in trust is a single property even if held as units |
| Income Tax Act - Section 248 - Subsection 248(20) | s. 248(20) might apply if a partition results in the issuance of whole shares | ||
| Income Tax Act - Section 248 - Subsection 248(21) | s. 248(21) could apply to partitioning a share if the corporation could issue fractional shares on the partition satisfying the FMV test, and similarly for partitioning MFT units (viewed as a single property) | ||
| Income Tax Act - Section 98 - Subsection 98(3) | partners not permitted to receive divided interest in shares on s. 98(3) wind-up | ||
| 28 October 2002 External T.I. 2002-0117595 F - REVENU EXPERT-COMPTABLE | Income Tax Act - Section 9 - Nature of Income | accountants required to individually recognize professional income earned by them as employees of an NPO corporation | |
| 2 October 2002 Internal T.I. 2002-0135807 F - Lumpsum Somme Forfaitaire Reg 102 / 103 | Income Tax Regulations - Regulation 103 - Subsection 103(4) - Paragraph 103(4)(c) | withholding on retiring allowance paid in periodic instalments determined under Reg. 102(1) | |
| 25 October 2002 External T.I. 2002-0137705 F - Butterfly | Income Tax Act - Section 85 - Subsection 85(1) - Paragraph 85(1)(e) | CCRA will permit UCC to be split on a pro rata basis under s. 85(1)(e)(i) where the butterfly entails s. 85(1) drop-downs to Newco subs of DC followed by their transfers to TCs | |
| 4 November 2002 Internal T.I. 2002-0160697 F - REPARTITION DU PLAFOND | Income Tax Act - Section 125 - Subsection 125(5) - Paragraph 125(5)(a) | s. 125(5)(a) did not apply to a CCPC for its 2nd 2000 taxation year resulting from an acquisition of control causing it to be associated with a different CCPC | |
| 22 October 2002 External T.I. 2002-0162835 F - Recbles Recd. after Disp. of Farm. Bus. | Income Tax Act - Section 28 - Subsection 28(5) | income stabilization amounts that were receivable at the time of s. 85(1) drop-down of cash-method farming business were deemed to be income when subsequently received | |
| 30 October 2002 Internal T.I. 2002-0134077 F - ATTRIBUTION DES GAINS EN CAPITAL | Income Tax Act - Section 74.2 - Subsection 74.2(1) | indirect transfer where individuals transfer shares to their Holdcos, who transfer such shares to the individuals’ respective spouses | |
| Income Tax Act - Section 74.5 - Subsection 74.5(6) | presence of indirect transfer through Holdcos for s. 74.5(1) purposes reinforced by s. 74.5(6) | ||
| 2002-09-27 | 24 October 2002 External T.I. 2002-0160715 F - ASSURANCE-VIE IMPOSITION AUX TROIS ANS | Income Tax Act - Section 12.2 - Subsection 12.2(3) | determination of exempt policy status within bailiwick of insurer |
| 18 October 2002 External T.I. 2002-0163615 F - Waiver of Capital Dividend | Income Tax Act - Section 56 - Subsection 56(2) | s. 56(2) inapplicable to waiver of capital dividend | |
| 17 October 2002 External T.I. 2002-0130915 F - PAIEMENT FORFAITAIRE RETROACTIF | Income Tax Act - 101-110 - Section 110.2 - Subsection 110.2(1) - Qualifying Amount - Paragraph (a) - Subparagraph (a)(i) | out-of-court settlement did not qualify | |
| 24 October 2002 Internal T.I. 2002-0140527 F - PENSION ALIMENTAIRE | Income Tax Act - Section 56.4 - Subsection 56.4(1) - Support Amount | no discretion as to use of cheques if required to endorse them back to the payor | |
| 17 October 2002 Internal T.I. 2002-0159107 F - SALAIRE PAYE D'AVANCE | Income Tax Act - Section 5 - Subsection 5(1) | good argument that an advance to be repaid out of the final pay was advance wages rather than a loan |