Translations of recent severed letters

Bundle Date Translated severed letter Summaries under Summary descriptor
2003-09-12 18 July 2003 External T.I. 2002-0162985 F - Renonciation et bénéficiaire Income Tax Act - Section 107 - Subsection 107(4.1) - Paragraph 107(4.1)(b) s. 107(4.1)(b) exclusion applicable if s. 75(2) was applicable at any time
26 June 2003 Internal T.I. 2002-0169607 F - Sécurité sociale française Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax French payroll taxes and social security contributions qualified as non-business income taxes
2 July 2003 External T.I. 2002-0180015 F - Usufruit d'un immeuble Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) - Subparagraph 69(1)(b)(i) application of s. 69(1)(b)(i) on transfer of individual’s property to a corporation with him having the usufruct
Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) transferor to a deemed s. 248(3) trust who receives a usufruct does not deal at arm’s length with the trust
Income Tax Act - Section 105 - Subsection 105(1) no benefit re use of personal-use property
1 August 2003 Internal T.I. 2003-0009697 F - Usufruit et amortissement Income Tax Act - Section 248 - Subsection 248(3) s. 248(3) generates CCA claim to deemed trust, whereas previously no CCA was available
Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) bare owner not entitled to claim CCA on property even if s. 248(3) does not apply
22 July 2003 Internal T.I. 2003-0018027 F - Fondation du Liechtenstein Income Tax Act - Section 248 - Subsection 248(1) - Corporation Liechtenstein sifting was a corporation rather than trust
Income Tax Act - Section 95 - Subsection 95(1) - Controlled Foreign Affiliate Liechtenstein sifting in which the resident individual had a life interest was to be treated as a 100% CFA
Income Tax Act - Section 94 - Subsection 94(3) Liechtenstein siftung was corporation, not trust
29 August 2003 Internal T.I. 2003-0018497 F - L'Année d'imposition diffère Income Tax Act - Section 126 - Subsection 126(1) foreign tax paid for different foreign taxation year should be prorated based on the proportions of income earned in the Canadian taxation years
28 August 2003 Internal T.I. 2003-0019767 F - Investissement dans une société étrangère Income Tax Act - Section 95 - Subsection 95(1) - Controlled Foreign Affiliate redeemable convertible rights of a Canco investor in Foreignco were not shares, so that Foreignco was not a CFA
Income Tax Act - Section 17 - Subsection 17(1) redeemable convertible rights of a Canco investor in Foreignco had not been redeemed, so that they were not debt for s. 17 purposes and Foreignco was not a CFA
Income Tax Act - Section 94.1 - Subsection 94.1(1) inferred satisfaction of main reason test where all stock market investment income and gains were reinvested free of local tax
27 August 2003 Internal T.I. 2003-0019857 F - Attribution de dividendes par un RPEB Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(d) dividends allocated to a non-resident beneficiary by an EPSP were taxable to the extent that the allocation related to duties performed in Canada
Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(i) dividends allocated to a non-resident beneficiary by an EPSP in respect of duties performed in Canada were taxable under ss. 6(1)(d) and 115(1)(a)(i)
28 August 2009 Internal T.I. 2003-0029367 F - Paragraph 122.3 Income Tax Act - Section 122.3 - Subsection 122.3(1) - Paragraph 122.3(1)(b) - Subparagraph 122.3(1)(b)(i) contract can be concluded with a person related to the specified employer
2003-09-05 15 April 2003 Internal T.I. 2002-0176687 F - IMPOT DES GRANDES SOCIETES AVANCES Income Tax Act - Section 181.2 - Subsection 181.2(3) - Paragraph 181.2(3)(c) prepaid revenues deducted under s. 20(6) were not a reserve
Income Tax Act - Section 181.2 - Subsection 181.2(3) - Paragraph 181.2(3)(b) prepaid revenues were an “advance”
17 June 2003 Internal T.I. 2003-0020677 F - PARTIE I.E IMPOTS DES GRANDES SOCIETES Income Tax Act - Section 181.2 - Subsection 181.2(3) - Paragraph 181.2(3)(c) prepaid services were includible as advances
5 August 2003 External T.I. 2003-0027705 F - DON A UN ENFANT MAJEUR Income Tax Act - Section 74.1 - Subsection 74.1(2) no attribution on income from gift to child over 17
2003-08-01 22 July 2003 External T.I. 2002-0175715 F - GAIN EN CAPITAL RESIDENCE PRINCIPALE Income Tax Act - Section 54 - Principal Residence - Paragraph (e) Quebec agricultural lands controls would not have precluded the taxpayer from acquiring only ½ hectare for principal residence use
21 July 2003 External T.I. 2002-0180465 F - CATEGORIES 8 ET 43 Income Tax Regulations - Schedules - Schedule II - Class 8 - Paragraph 8(b) “solely” has a narrow meaning and might not be satisfied where the improvement was to comply with health standards regulation
29 July 2003 External T.I. 2003-0009115 F - FRAIS DE DEMENAGEMENT Income Tax Act - Section 248 - Subsection 248(1) - Eligible Relocation moving to a new employer in the same building (with longer hours) potentially could be grounds for an eligible relocation
29 July 2003 External T.I. 2003-0012335 F - PLACEMENT A RENDEMENT PROGRESSIF Income Tax Regulations - Regulation 7000 - Subsection 7000(1) - Paragraph 7000(1)(c) accommodation of contingently slightly-increasing interest rate no longer applicable
10 July 2003 Internal T.I. 2003-0018897 F - INTERET-REVENU RAJUSTE TIRE ENTREPRISE Income Tax Regulations - Regulation 5202 - Adjusted Business Income interest on tax refund generated from active business was active business income/ Ensite principle generally does not apply to inter-affiliate interest
28 July 2003 External T.I. 2003-0026395 F - PLACEMENT ADMISSIBLE REEE Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (e) disposition on transfer of shares to registered plan
2003-07-25 14 July 2003 Internal T.I. 2003-0016677 F - BONIS A PAYER ET BENEFICES MARGINAUX Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Incurring of Expense obligation of corporation to pay bonuses out of annual profits could be established by oral agreement and book entries
15 July 2003 Internal T.I. 2003-0023177 F - DATE D'EXECUTION Income Tax Act - Section 56.1 - Subsection 56.1(4) - Commencement Day - Paragraph (b) - Subparagraph (b)(iv) ascertainment of whether a commencement day based on the parties’ apparent intentions
9 July 2003 External T.I. 2003-0183675 F - VENTE D'UNE LISTE DE CLIENTS Income Tax Act - Section 24 - Subsection 24(1) loss under s. 24(1)(a) where maximum sales price (equaling FMV) for sold client list is not achieved
Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(g) application of s. 12(1)(g) only to excess participating sales price for client list over minimum, or where there is a maximum equaling the client list’s FMV
2003-07-11 13 June 2003 External T.I. 2002-0156435 F - ASSURANCE DE MALADIES REDOUTEES Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) - Subparagraph 6(1)(a)(i) taxable benefit from critical illness coverage if it is incidental to life insurance coverage
Income Tax Act - Section 248 - Subsection 248(1) - Group Term Life Insurance Policy group life insurance policy that includes critical illness coverage is not a "group term life insurance policy"
Income Tax Act - Section 148 - Subsection 148(9) - Disposition - Paragraph (e) critical illness benefit paid under a life insurance policy is proceeds of disposition
27 June 2003 External T.I. 2003-0019095 F - RACHAT DE SERVICES PASSES Income Tax Act - Section 147.2 - Subsection 147.2(4) - Paragraph 147.2(4)(c) overview of ss. 147.2(4)(b) and (c)
25 June 2003 External T.I. 2003-0024465 F - PARTIE XI.1 BIENS NON-ADMISSIBLES Income Tax Act - Section 207.1 - Subsection 207.1(1) no discretion in CCRA to waive the tax under s. 207.1
30 June 2003 External T.I. 2003-0182875 F - TRANSFERT DE POLICE D'ASSURANCE Income Tax Act - Section 15 - Subsection 15(1) benefit where permanent life or critical illness policy transferred gratuitously to shareholder as new policyholder
Income Tax Act - Section 148 - Subsection 148(9) - Adjusted Cost Basis ACB bump on policy distribution to shareholder equal to s. 15 benefit excess over CSV
Income Tax Act - Section 52 - Subsection 52(1) ACB bump on policy distribution to shareholder equal to s. 15 benefit in excess of ACB otherwise determined – even in absence of s. 52(1)
2003-07-08 7 July 2003 External T.I. 2001-0091415 F - Income & Losses from Bus. or Prop. Sec. 9 ITA Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(a) prepaid crypt fees of funeral home were includible under s. 12(1)(a)

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