Translations of recent severed letters

Bundle Date Translated severed letter Summaries under Summary descriptor
2000-04-14 5 April 2000 External T.I. 1999-0004235 F - PERTE AU TITRE D'UN PLACEMENT D'ENTREPRISE Income Tax Act - Section 39 - Subsection 39(12) s. 39(12) applied to debts acquired by subrogation by paying guaranteed debts seriatim on due dates provided that the guaranteed corp met the SBC test on the first such guarantee payment
31 March 2000 External T.I. 1999-0008715 F - PROPOSE DE LA LOI - XXXXXXXXXX Income Tax Act - Section 120.4 - Subsection 120.4(1) - Split Income - Paragraph (c) - Subparagraph (c)(ii) - Clause (c)(ii)(C) split income to minor child beneficiary of trust partner in partnership providing admin services to father’s professional partnership
17 January 2000 External T.I. 9911385 F - XXXXXXXXXX Income Tax Act - Section 118.5 - Subsection 118.5(1) - Paragraph 118.5(1)(a) - Subparagraph 118.5(1)(a)(i) fees paid to a professional organization to take courses in preparation for a certification exam may be eligible
17 January 2000 External T.I. 9914425 F - EXAMEN D'AGREMENT Income Tax Act - Section 118.5 - Subsection 118.5(1) - Paragraph 118.5(1)(a) fee for a professional certification exam can be considered a tuition fee where the exam is an integral part of the course of study
18 January 2000 Income Tax Severed Letter 9932456 F - MOT PAYABLE BIEN MEUBLE LÉGUÉ UNIVERSEL Income Tax Act - Section 104 - Subsection 104(24) income of Quebec estate was not payable to the residuary beneficiary unless it was generated after estate admin was completed
Income Tax Act - Section 152 - Subsection 152(4.2) CCRA could reassess estate statute-barred years to allow deduction under ss. 104(6) and (24) for income that became payable after estate administration was complete
2000-03-31 24 March 2000 External T.I. 2000-0002775 F - Revenu gagné dans une province Income Tax Regulations - Regulation 402 - Subsection 402(5) interest on non-listed investments not excluded
Income Tax Regulations - Regulation 402 - Subsection 402(3) gross revenue excludes capital gains and, where from investments, is allocated based on where the investment decisions are made
23 March 2000 Internal T.I. 2000-0003277 F - INTERNE ET REP Income Tax Act - Section 146.02 - Subsection 146.02(1) - Eligible Amount - Paragraph (f) qualification of a medical intern
Income Tax Act - Section 146.02 - Subsection 146.02(1) - Repayment Period repayment period for the medical intern began at the start of the third calendar year of his participation period
15 February 2000 Internal T.I. 2000-0004537 F - UNDP ORGANISATION INT'LE VISEE x REGL Income Tax Act - Section 110 - Subsection 110(1) - Paragraph 110(1)(f) - Subparagraph 110(1)(f)(iii) UNDP and UNOPS were subsidiary admin bodies of the UN/ the taxpayer's income was not exempted because she was an independent contractor
20 March 2000 External T.I. 1999-0005815 F - BIEN DE REMPLACEMENT-DATE DE DISPOSITION Income Tax Act - Section 44 - Subsection 44(2) - Paragraph 44(2)(a) disposition for component of destruction where final compensation determined for that component
Income Tax Act - Section 44 - Subsection 44(5) leasehold interest can be a replacement property to building
14 March 2000 External T.I. 1999-0007475 F - REMISE DE DETTE Income Tax Act - Section 20.1 - Subsection 20.1(1) pro rata application of s. 20.1(1)(b) where shares acquired with two loans are wholly applied to settle the first loan
7 March 2000 Internal T.I. 1999-0007497 F - AIDE A DOMICILE-PRESTATION DE L'ART SAAQ Income Tax Act - Section 3 - Paragraph 3(a) insurance-funded assistance to the mother of a severely injured child for her care services was business income to her net of her care expenses (e.g., daycare)
18 February 2000 Internal T.I. 1999-0008457 F - Life Insurance Corporation Income Tax Act - Section 125 - Subsection 125(7) - Canadian-Controlled Private Corporation - Paragraph (a) a public corporation for purposes of the CCPC definition includes a corporation deemed to be a public corporation under s. 141
Income Tax Act - Section 256 - Subsection 256(9) status of the subject corporation as controlled by a public corporation was determined immediately before the deemed s. 256(9) acquisition time
22 March 2000 External T.I. 1999-0013995 F - ECHANGE D'ACTIONS Income Tax Act - Section 7 - Subsection 7(1.5) s. 7(1.5) exchange of securities is subject to capital gains treatment
Income Tax Act - Section 7 - Subsection 7(1.3) where only some of the securities exchanged are subject to s. 7, subsequent dispositions out of each pool are pro rata
2000-03-17 3 March 2000 Internal T.I. 2000-0002337 F - COOPERATIVES Income Tax Act - Section 137 - Subsection 137(6) - Credit Union Quebec cooperative did not qualify as a credit union in light of not being incorporated under the Credit Unions Act and not having statutory authorization to conduct business as a credit union
Income Tax Act - Section 125 - Subsection 125(7) - Specified Investment Business Quebec cooperative did not qualify for the exclusion from SIB for a credit union
2 March 2000 External T.I. 1999-0007515 F - CONTRAT DE RENTE PRESCRIT-HYPOTHEQUE Income Tax Regulations - Regulation 304 - Subsection 304(1) - Paragraph 304(1)(c) a PAC can be encumbered by a hypothec
24 February 2000 External T.I. 1999-0009925 F - T1135 - Déclarations générales Income Tax Act - Section 233.3 - Subsection 233.3(1) - Specified Foreign Property - Paragraph (a) location of corporate debt or shares generally is the place of residence of the corporation
9 November 1999 External T.I. 9906255 F - CALCUL DE L'IMPOT P. IV - 55 Income Tax Act - Section 186 - Subsection 186(1) - Paragraph 186(1)(b) s. 55(2) reduced the amount of the deemed dividend received for s. 186(1)(b)(i) purposes
2000-03-03 8 February 2000 Internal T.I. 2000-0003677 F - CHANGEMENT D'EXERCICE Income Tax Act - Section 249.1 - Subsection 249.1(1) - Paragraph 249.1(1)(b) - Subparagraph 249.1(1)(b)(ii) spousal partnership could not change its year end to March 31
15 February 2000 Internal T.I. 2000-0004477 F - MARIE ET SUBVIENT AUX BESOINS Income Tax Act - Section 118 - Subsection 118(1) - Paragraph 118(1)(a) less wealthy spouse can provide support (prior to any marriage breakdown)
10 February 2000 External T.I. 1999-0002765 F - APPLICATION DE LA LOI Income Tax Act - Section 129 - Subsection 129(6) Norco Developments does not support treating rental income paid by one partnership to another as rent paid by a partner to itself as partner of the recipient partnership
11 February 2000 External T.I. 1999-0003275 F - AIDE FINAN. VERGLAS-ERABLIERE Income Tax Act - Section 54 - Proceeds of Disposition - Paragraph (f) inclusion under (f) of compensation for damages for destroyed maple trees except re repair expenses including consultants’ fees
Income Tax Act - Section 43 - Subsection 43(1) ACB of maple trees destroyed by ice storm determined based on relative number of taps
Income Tax Act - Section 248 - Subsection 248(1) - Property maple trees, although immovable property, were separate capital properties from the land
11 February 2000 External T.I. 1999-0003965 F - DEPENSES ENGAGEES-PROVISIONS Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Incurring of Expense reserve for future replacement of building components not currently deductible
28 January 2000 Internal T.I. 1999-0006507 F - ALLOCATIONS PERIODIQUES Income Tax Act - Section 60.1 - Subsection 60.1(3) application of s. 60.1(3) to pre-divorce payments
16 February 2000 External T.I. 1999-0008435 F - Société associées Income Tax Act - Section 256 - Subsection 256(1.3) application of s. 256(1.3) was insufficient to create a control group
Income Tax Act - Section 256 - Subsection 256(1.2) - Paragraph 256(1.2)(f) - Subparagraph 256(1.2)(f)(ii) deemed holding of shares of corporation by each beneficiary of a family trust
18 February 2000 Internal T.I. 1999-0008977 F - ETABLISSEMENT DOMESTIQUE AUTONOME Income Tax Act - Section 248 - Subsection 248(1) - Self-Contained Domestic Establishment shared basement and interior connecting door were not enough to make one dwelling unit
21 February 2000 Internal T.I. 1999-0012487 F - REER REGLEMENT D'UNE LITIGE Income Tax Act - Section 146 - Subsection 146(8) damages could not be transferred to RRSP to the extent they related to a loss of the annuitant
4 February 2000 Internal T.I. 1999-0012847 F - CII Majore - Fusion Income Tax Act - Section 127 - Subsection 127(10.2) computation of expenditure limit following amalgamation of associated corporations
15 February 2000 External T.I. 1999-0015155 F - SOCIETE EXPLOITANT UNE PETITE ENTRE. Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation corporation leasing its realty to a related active business CCPC could qualify
20 December 1999 Internal T.I. 9921307 F - GAINS DE PARIS SPORTIFS Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit net sports betting winnings were from a business
2000-02-18 31 January 2000 External T.I. 1999-0002695 F - SER. D'AIDE CONC. LA SANTE Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) exception for health counselling services

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