Principal Issues:
1. Follow-up to letter 2000-001088: Employer paying interest on two loans from third party to employee. The employer pays all the interest on the first loan of $25,000, which qualifies for a deduction under paragraph 110(1)(j). On the second loan of $75,000, the employer pays the interest in excess of the prescribed rates.
If instead of issuing two loans, the lender combines them into one loan with the employer paying the same amount of interest subsidy, would the net impact on the employee's taxable income be the same?
2. If under the terms of employment, a retiring employee is entitled to a final relocation with expenses paid by the employer would the employer paying the interest on the loan in excess of the prescribed rate result in a taxable benefit under section 80.4? As well, could such a loan be eligible for a deduction under paragraph 110(1)(j)?
Position TAKEN:
1. Question of fact.
Section 80.4 could apply. Paragraph 110(1)(j) would not apply unless retiring employee commenced employment at the new location.
Reasons: