Income Tax Severed Letters - 2024-10-02

Ruling

2023 Ruling 2022-0957491R3 F - Butterfly Reorganization

Unedited CRA Tags
55(2), 55(3)b), 55(3.1)
butterfly to 2 new Holdcos of the 2 children beneficiaries of estate following the implementation by the estate of a pipeline transaction

Principales Questions: Butterfly transactions of an investment corporation between a sister and a brother.

Position Adoptée: Favourable rulings provided.

Raisons: Meets the requirements of the law.

2023 Ruling 2023-0998411R3 F - Butterfly Reorganization

Unedited CRA Tags
55(2), 55(3)(b)
occurrence of 1st year ends of butterfly transferee corporations due to implementation delay caused a Pt. IV tax circularity issue

Principales Questions: Demande de décision anticipée complémentaire en matière d’impôt sur le revenu pour le dossier no. 2022-095749.

Position Adoptée: Accordée
RÉFÉRENCE À LA LOI: 55(2), 55(3)(b)

Technical Interpretation - External

18 April 2024 External T.I. 2024-1006311E5 - Rental assistance payments

Unedited CRA Tags
56(1)(u)

Principal Issues: Whether the rental assistance payments received by tenants would be included in their income under paragraph 56(1)(u)?

Position: Likely included in the recipients income under paragraph 56(1)(u) with an offsetting deduction from taxable income, pursuant to paragraph 110(1)(f). The payments most likely need to be reported on Form T5007.

Reasons: The rental assistance payments appear to be a social assistance made on the basis of a means, needs or income test and would be required to be included in the recipients income under paragraph 56(1)(u). Where the rental assistance payments are part of a series of payments throughout the year or exceed a total of $500 for the year; XXXXXXXXXX would be required to issue a T5007 under subsection 233(1) of the Regulations.

2 April 2024 External T.I. 2024-1005231E5 - Directed gifts - official tax receipts

Unedited CRA Tags
118.1(1); 110.1(1); 168(1)(f)
municipality should have discretion on the spending of funds donated to it

Principal Issues: Whether a municipality is required to issue official tax receipts in respect of funds the municipality receives that are redistributed to certain individuals?

Position: If the municipality is merely collecting funds on behalf of another person or organization that is legally or otherwise entitled to the funds so donated the municipality is not in receipt of a gift for the purposes of subsections 118.1(1) and 110.1(1) of the Act.

Reasons: Legislation and prior views.