30 October 1986 Income Tax Severed Letter 5-2202 - [Application of Clause 60(j.1)(ii)(A)]

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

S. Bridgeman (613) 957-2744

October 30, 1986

Dear Sir:

Re: Application of clause 60(j.1)(ii)(A)

This is in reply to your letter of September 11, 1986 concerning the determination of the number of years for purposes of clause 60(j.1)(ii)(A) of the Income Tax Act (the "Act").

It is our view that:

1. "gaps" in an employee's work history with a specific employer would not disqualify prior years from being included in the computation of years of employment; and

2. part of a year would be counted as a whole year.

Accordingly, we agree that the "number of years" in your example for purposes of clause 60(j.1)(ii)(A) of the Act would be considered to be 15 years.

This opinion is our best interpretation of the law as it applies generally. It may, however, not always be appropriate in the circumstances of a particular case, and, as stated in paragraph 24 of Information Circular 70-6R it is not binding on the Department.

We trust these comments will be of assistance to you.

Yours truly,

for Director Financial Industries Division Rulings Directorate Legislative and Intergovernmental Affairs Branch