21 November 1994 External T.I. 9417625 - OVERSEAS EMPLOYMENT TAX CREDIT

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.

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the Department.

Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle du ministère.

		941762
XXXXXXXXXX		O. Laurikainen
(613) 957-2116

November 21, 1994

Dear Sirs:

Re: Section 122.3 of the Income Tax Act

This is in response to your letter dated September 19, 1994 wherein you requested an advance income tax ruling concerning the application of section 122.3 of the Income Tax Act (the "Act").

As set out in Information Circular 70-6R2 entitled "Advance Income Tax Rulings" dated September 28, 1990 and the Special Release relating thereto dated September 30, 1992 (attached), advance ruling requests should include a complete description of the facts and a complete description of each proposed transaction. In a case involving the interpretation of section 122.3 of the Act, the required information would necessarily include a copy of the proposed contract. The facts presented in your submission are incomplete and we are unable to provide the advance income tax ruling requested.

The determination whether a particular individual qualifies under section 122.3 of the Act is generally made at a District Taxation Office. Accordingly, once all of the necessary information concerning your venture is available, you may wish to present it to the appropriate personnel at the District Taxation Office serving your area. They may be able to provide you with the information you require.

Yours truly,

for Director
Reorganizations and Foreign Division
Rulings Directorate
Policy and Legislation Branch