Income Tax Severed Letters - 2023-08-09

Technical Interpretation - External

5 April 2023 External T.I. 2023-0962281E5 - METC- Cataract surgery

Unedited CRA Tags
ITA: Section 118.2, subsection 118.4(2); paragraphs 118.2(2)(a) and 118.2(3)(b).

Principal Issues: Whether the cost of an aspheric lens as part of cataract surgery qualifies as an eligible medical expense for the purposes of the METC.

Position: Yes, the amount paid to a local public or licensed private hospital for an aspheric lens as part of cataract surgery qualifies as an eligible medical expense for the purposes of the METC.

Reasons: Paragraph 118.2(2)(a) allows amounts paid to a local public or licensed private hospital in respect of medical services provided to an individual as an eligible medical expense.

4 April 2023 External T.I. 2023-0965171E5 - MGHRTC – Newly constructed housing unit

Unedited CRA Tags
ITA: Section 122.92, Subsections 122.92(1), (3) and (4).

Principal Issues: Whether the costs associated with building a secondary unit, while concurrently building a newly constructed housing unit, where the two housing units share a main entrance, but the secondary unit has its own private entrance, would qualify for the Multigenerational Home Renovation Tax Credit (MGHRTC).

Position: Yes, provided that all the eligibility criteria for claiming a MGHRTC are met, the credit may be claimed regardless of whether a principal housing unit (that meets the definition of eligible dwelling) is built before, or concurrently with, a secondary unit. Nevertheless, there must be a reasonable expectation that both units will be ordinarily inhabited within 12 months after the end of the renovation period.

Reasons: The wording in paragraph (b) of the definition of “eligible dwelling” and paragraph (a) of the definition of “eligible individual.” The former definition refers to the reasonable expectation that the housing unit will be ordinarily inhabited within 12 months after the end of the renovation period. Similarly, the latter definition refers to the individual’s intention to ordinarily reside in the eligible dwelling within 12 months after the end of the renovation period.

14 March 2023 External T.I. 2022-0925831E5 - Contributions to an Employee Life and Health Trust

Unedited CRA Tags
144.1(6)(b)
an employer’s lump sum contribution to an employee life and health trust in relation to future hires was non-deductible

Principal Issues: Whether a one time, lump sum contribution made for future hires pursuant to the terms of a participation agreement would meet the requirement of paragraph 144.1(6)(b) of the Act, such that the contribution would be deductible under subsection 144.1(6) of the Act.

Position: No.

Reasons: The law.

Technical Interpretation - Internal

3 April 2023 Internal T.I. 2023-0967941I7 - Adjusted Aggregate Investment Income

Unedited CRA Tags
125(7); 125(5.1)(b), 129(4)

Principal Issues: See Interpretation