12 July 1991 Ruling 911253 F - Foreign Tax Credits

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.

Dear Sirs:

Re:     Foreign Tax Credits Request for Technical Interpretation

This is in reply to your letter dated May 1, 1991 in which you requested a technical interpretation regarding foreign tax credits and the Canada-U.S. Income Tax Convention.

The transactions described in your letter appear to reflect a factual situation and in our view should be handled as an advance income tax ruling request. Should you wish to make another submission in the form of a ruling request we would be pleased to deal with it.

However, with regard to one of the issues raised in your letter we provide the following general comment. When an income property is transferred on a tax-deferred basis to a taxable Canadian corporation and the shares of that corporation are subsequently disposed of, while the nature of the gain on such disposition is a question of fact, the Department would generally presume that the gain on the disposition of the shares is on account of income, especially in the situation where the disposition was contemplated from the outset.

Yours truly,

for DirectorReorganizations and Non-Resident Division Rulings Directorate Legislative and IntergovernmentalAffairs Branch