Income Tax Severed Letters - 2022-12-28

Ruling

2021 Ruling 2020-0852951R3 - Public Spin-Off Butterfly

Unedited CRA Tags
55(3)(b), 55(3.1)
spin-off of grandchild of public corporation to direct Newco subsidiary followed by spin-off to public shareholders
stock options replaced by stock options with lower exercise price on shares of shrunken post-spin-off corp
election made for Newco that is spun-off by Pubco
85.1 applicable on exchange by Pubco shareholders for shares of spin-off sub

Principal Issues: Whether the proposed reorganizations meet the requirements of paragraph 55(3)(b).

Position: Yes.

Reasons: In accordance with law and previous positions.

Technical Interpretation - External

15 September 2022 External T.I. 2020-0847651E5 - Tax impli of scholarship livg allowance stipend

Unedited CRA Tags
ITA: Subsection 56(3); 118.6(1); Paragraphs 56(1)(n), 118.5(1)(b)

Principal Issues: What are the income tax reporting obligations of a Canadian citizen while studying abroad? What is the income tax treatment of a reduction in tuition fees and living allowance stipend?

Position: Question of fact, the income tax reporting obligations depends on the residency status of the individual. The amount of the reduction in tuition fees is generally viewed as a scholarship and included in the recipients’ income. Since the primary purpose of the living allowance stipend is to support the individuals’ graduate degree, the financial assistance is to be characterized as a fellowship.

Reasons: Generally, when a student receives a reduction in tuition as a result of applying a scholarship or fellowship to their tuition fees, the amount of the reduction is generally viewed as a scholarship. Where the primary purpose of a living allowance stipend is to further the education and training of the recipient the financial assistance will be characterized as a fellowship for income tax purposes.

19 May 2022 External T.I. 2021-0879621E5 - Artist & Section 87 of the Indian Act

Unedited CRA Tags
81(1)(a)

Principal Issues: Is the income earned by an Indigenous artist exempt from tax under Section 87 of the Indian Act.

Position: It depends. The connecting factors test must be applied to determine if the business income is situated on a reserve.

Reasons: Business income earned in a year by an individual who is registered under the Indian Act, is exempt under section 87 of the Indian Act only if it is determined that the business income earned in that year is situated on a reserve.