Translations of recent severed letters

Bundle Date Translated severed letter Summaries under Summary descriptor
2001-09-14 23 August 2001 External T.I. 2001-0086235 F - CONVENTIONS FISCALES A.18 Treaties - Income Tax Conventions - Article 18 QPP and OAS were pension payments made under social security legislation for purposes of the Slovenia and Croatia treaties
Other Legislation/Constitution - Federal - Income Tax Conventions Interpretation Act - Section 5 - Pension - Paragraph (a) - Subparagraph (a)(ix) OAS and QPP payments were “pension” payments
20 July 2001 External T.I. 2001-0087205 F - BAIL TRAITEMENT DU PRENEUR General Concepts - Substance distinction between a sale and a lease is based on the legal terms of the arrangement
Income Tax Act - Section 13 - Subsection 13(21) - Proceeds of Disposition - Paragraph (a) distinction between a sale and a lease is based on whether legally there is a sale or lease
Income Tax Regulations - Regulation 1102 - Subsection 1102(5) whether a lessee has ownership of a building under an emphyteutic lease is a question of law
31 August 2001 External T.I. 2001-0087865 F - Accélération de remise de capital Income Tax Act - Section 107 - Subsection 107(2.1) generally favourable consequences of early termination of spousal trust pursuant to s. 107(2.1)
Income Tax Act - Section 106 - Subsection 106(3) no income on redemption of income interest in spousal trust for cash
4 September 2001 Internal T.I. 2001-0090007 F - INDIENS-LIGNE DIRECTRICE NO 4 Other Legislation/Constitution - Federal - Indian Act - Section 87 whether an administrative centre was an Indian employer for purposes of Guideline 4 turned on whether it was actually run and administered on the reserve with mostly reserve clients
27 July 2001 External T.I. 2001-0090305 F - PENALITE-REMBOURSEMENT D'UN EMPRUNT Income Tax Act - Section 18 - Subsection 18(9.1) overview of requirements under s. 18(9.1)
20 September 2001 Internal T.I. 2001-0091517 F - CHOIX LORS DE DISPOSITION DE BIA Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(iii) deemed disposition of eligible capital property as capital property pursuant to s. 14(1.01) applies for all purposes including capital gains reserve
6 September 2001 Internal T.I. 2001-0094327 F - DEMANDE DE CONTRIBUABLE Income Tax Act - Section 111 - Subsection 111(8) - Non-Capital Loss non-capital loss could be recomputed for a prior year which had not been assessed
Income Tax Act - Section 152 - Subsection 152(4) CCRA should not exercise its discretion to reassess a taxation year to allow the carryforward of a non-capital loss arising as a result of a favourable court decision
Income Tax Act - Section 110.1 - Subsection 110.1(1.1) donation previously claimed in a prior year but no longer needed in that year could not be re-claimed in a subsequent year
Income Tax Act - Section 164 - Subsection 164(6.1) s. 164(6.1) inapplicable to amendment to non-capital loss for a prior year consequent on a favourable court decision
Income Tax Act - Section 111 - Subsection 111(3) - Paragraph 111(3)(a) s. 111(3)(a) precluded the application of a non-capital loss that had previously been claimed for a prior year even though there no longer was taxable income in that prior year
17 September 2001 External T.I. 2001-0098635 F - Spin-off - T5 Income Tax Act - Section 86.1 - Subsection 86.1(2) general overview re US spin-off
Income Tax Act - Section 248 - Subsection 248(1) - Amount amount of dividend-in-kind (e.g., a spin-off that does not qualify under s. 86.1) is the FMV of the distributed shares
18 September 2001 External T.I. 2001-0100485 F - PARTAGE D'ACTION DETENUE EN INDIVISION Income Tax Act - Section 248 - Subsection 248(21) no need to issue fractional share certificates on partition of shares held in co-ownership for s. 248(21) to apply/ no disposition on subsequent global certificate issuance
Income Tax Act - Section 248 - Subsection 248(20) s. 248(20) produced the same results as s. 248(21)
2001-08-17 11 July 2001 External T.I. 2001-0078365 F - APPLICATION DE 75(2) ET 104(4) Income Tax Act - Section 75 - Subsection 75(2) - Paragraph 75(2)(a) - Subparagraph 75(2)(a)(i) s. 75(2) applies where transferor can receive taxable capital gains distributions
Income Tax Act - Section 104 - Subsection 104(4) - Paragraph 104(4)(a) deemed disposition date for "joint spousal or common-law partner trust" is the later of date of death of settlor and settlor's spouse/ common-law partner, irrespective of being "spousal trust"
10 August 2001 External T.I. 2001-0084945 F - application des para. 73(1.01) et (1.02) Income Tax Act - Section 73 - Subsection 73(1.02) - Paragraph 73(1.02)(b) - Subparagraph 73(1.02)(b)(ii) application of s. s. 73(1.02)(b)(ii) to Quebec trust under review
12 July 2001 Internal T.I. 2001-0089347 F - PRESTATION DE DÉCES Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(a.1) QPP death benefit paid directly to an individual was not taxable
2001-07-20 17 April 2001 Internal T.I. 2001-0064567 F - SPCC-PARTHENON Income Tax Act - Section 256 - Subsection 256(6.1) Parthenon followed re intermediate public corp prior to effective date of s. 256(6.1)
2 May 2001 Internal T.I. 2001-0065497 F - COMMANDITAIRE-RS&DE Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(g) - Subparagraph 96(1)(g)(ii) limited partner not entitled to deduct loss from LP’s SR&ED expenditures
Income Tax Act - Section 127 - Subsection 127(8) - Paragraph 127(8)(b) limited partner not entitled to ITC re LP’s SR&ED expenditures
29 May 2001 Internal T.I. 2000-0053257 F - COOPERATIVE Income Tax Act - Section 136 - Subsection 136(2) - Paragraph 136(2)(c) non-member individual cannot look through a farming member partnership
Income Tax Act - Section 136 - Subsection 136(2) - Paragraph 136(2)(d) shares need not be fully paid
19 June 2001 Internal T.I. 2000-0062787 F - FRAIS JURIDIQUES-GARANTIE Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Legal and other Professional Fees promissory notes to bank were given to preserve an investment, so that legal fees incurred to avoid paying on the notes were capital expenditures
16 May 2001 Internal T.I. 2001-0065277 F - FRAIS DE DÉPLACEMENT D'UN EMPLOYÉ Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(h.1) earning income for the employer is the requisite purpose
Income Tax Act - Section 8 - Subsection 8(10) employee can sign the T2200 form where authorized to sign on employer’ s behalf
4 July 2001 External T.I. 2001-0068885 F - Entreprise Exploitée Activement Income Tax Act - Section 125 - Subsection 125(7) - Active Business Carried On by a Corporation auto-leasing corporation had an active business
6 July 2001 External T.I. 2001-0086775 F - SOCIETE A CAPITAL DE RISQUE Income Tax Act - Section 204.81 - Subsection 204.81(1) - Paragraph 204.81(1)(c) - Subparagraph 204.81(1)(c)(vii) - Clause 204.81(1)(c)(vii)(C) transfer of LSVCC Class A share to the RRSP of transferor’s spouse would not result in recapture of the tax credit
5 July 2001 External T.I. 2001-0089105 F - ECHANGE D"OPTIONS - COUT INDIQUE Income Tax Act - Section 85 - Subsection 85(1) RRSP may make a s. 85(1) election
2001-07-06 14 June 2001 External T.I. 2000-0044935 F - Coût des actions Income Tax Act - Section 54 - Adjusted Cost Base cost to Pubco of CCPC shares acquired by it in exchange for treasury shares equal to the addition to its stated capital account, rather than the Pubco shares’ FMV
28 June 2001 External T.I. 2000-0060465 F - déductibilité - frais d'internet Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(bb) internet costs incurred for investment research purposes were not deductible under s. 20(1)(bb)
Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Know-How and Training internet costs incurred for investment research purposes were capital expenditures
28 June 2001 External T.I. 2000-0061365 F - Frais de déplacement - athlètes Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(h) travel and accommodation expenses satisfying s. 18(1)(h) must also satisfy s. 18(1)(a)
Income Tax Act - Section 3 - Paragraph 3(a) receipts under Athlete Assistance Program are non-taxable
10 May 2001 External T.I. 2001-0066095 F - CREDIT-BAIL Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A following Shell, CCRA will only recharacterize a lease where the true legal relationship is not of a lease

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