We have translated 6 more CRA interpretations

We have translated a 6 further CRA interpretations released during April of 2002. Their descriptors and links appear below.

These are additions to our set of 2,739 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 3/4 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
2002-04-12 19 March 2002 External T.I. 2002-0120785 F - Allocation de retraite - 212(13)(d) Income Tax Act - Section 215 - Subsection 215(2) s. 215(2) applicable to retiring allowance paid by US employer where it invoiced the sister Canadian corporation, as the predecessor employer, therefor
Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(j.1) s. 212(1)(j.1) applicable to the extent that the retiring allowance paid by the US employer to the non-resident retired employee is invoiced to the predecessor affiliated employer in Canada
24 April 2002 External T.I. 2001-0095755 F - TÉLÉTRAVAIL Income Tax Act - Section 8 - Subsection 8(13) telework arrangement, even if voluntary, and some time spent in the employer office, can satisfy s. 8(13) requirements/ time spent on the road does not satisfy the “primarily” requirement
4 April 2002 External T.I. 2001-0103735 F - Fiducie exclusive au conjoint et ass.-vie Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(14) - Paragraph 110.6(14)(g) s. 110.6(14)(g) inapplicable to shares held by spousal trust on the spouse’s death
Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(15) - Paragraph 110.6(15)(a) the spouse beneficiary of a Quebec spousal trust owns the shares owned by that trust
Income Tax Act - Section 248 - Subsection 248(3) - Paragraph 248(3)(e) s. 248(3)(e) deems the spouse beneficiary of a Quebec spousal trust to own shares of that trust
Income Tax Act - Section 70 - Subsection 70(5.3) s. 70(5.3) applicable to s. 104(4)(a)(i) disposition
15 April 2002 External T.I. 2002-0128145 F - 84.1(2)(a.1) of the Act Income Tax Act - Section 84.1 - Subsection 84.1(2) - Paragraph 84.1(2)(a.1) - Subparagraph 84.1(2)(a.1)(ii) where old common exchanged for new common shares and prefs with s. 85(1) election equal to the pref FMV, the s. 110.6 deduction will be traced under s. 84.1(2)(a.1)(ii) only to the prefs
24 April 2002 External T.I. 2001-0111185 F - DISPOSITION PARTIELLE D'UNE PARTICIPATION Income Tax Act - Section 248 - Subsection 248(1) - Disposition reclassification of LP units into three classes of alphabet units did not entail a disposition
Income Tax Act - Section 97 - Subsection 97(2) creation of 3 classes of units which tracked the 3 types of partnership property was not a disposition and did not engage s. 97(2)
Income Tax Act - Section 43 - Subsection 43(1) all the partner’s units were a single property, so that the disposition of one type of unit engaged s. 43(1)
Income Tax Act - Section 248 - Subsection 248(1) - Property all units of three classes constituted a single property to the limited partner
22 April 2002 External T.I. 2002-0117135 F - Appl. de 107.4(1)a) à une fiducie du CcQ Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(a) s. 107.4(1)(a) applicable on transfer by individual to Quebec trust of which he is a the sole beneficiary
Income Tax Act - 101-110 - Section 107 - Subsection 107(4.1) s. 107(2.1) applicable to distribution by personal trust of property to beneficiary other than the settlor