Translations of recent severed letters

Bundle Date Translated severed letter Summaries under Summary descriptor
2013-11-27 11 October 2013 APFF Roundtable, 2013-0495721C6 F - APFF 2013- Round table question 7 General Concepts - Fair Market Value - Shares FMV is a question of fact within TCC's discretion
11 October 2013 APFF Roundtable, 2013-0493671C6 F - Testamentary trust beneficiary of inter vivos trust Income Tax Act - Section 108 - Subsection 108(1) - Testamentary Trust testamentary trust will lose its status if it is designated as the beneficiary of an inter vivos trust
2013-11-20 7 October 2013 External T.I. 2013-0500941E5 F - Actif utilisé dans une entreprise active Income Tax Act - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share rental property of partnership leased as to 15% to an active business partner did not qualify as active business asset
11 October 2013 Roundtable, 2013-0493701C6 F - Amount paid or credited - Reg. 202 Income Tax Regulations - Regulation 202 - Regulation 202(1) - Paragraph 202(1)(b) accounting method used by recipient does not affect which items are reported on NR4
5 November 2013 External T.I. 2013-0501241E5 F - Application of subsection 39(2) Income Tax Act - Section 39 - Subsection 39(2) declared dividend is a debt to which s. 39(2) applies
Income Tax Act - Section 12 - Subsection 12(11) - Investment Contract dividend becomes debt when declared
23 September 2013 Internal T.I. 2012-0471531I7 F - Non-profit organization Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(l) taxable member of an NPO can make loans at interest to it and receive repayment of the loan on the NPO’s winding-up
2013-11-13 11 October 2013 Roundtable, 2013-0492821C6 F - Question 3 - APFF Round Table Treaties - Income Tax Conventions - Article 4 s. 94 trusts were resident in Canada for Treaty purposes even before Income Tax Conventions Interpretation Act amendment, which precludes application of tie-breaker
Other Legislation/Constitution - Federal - Income Tax Conventions Interpretation Act - Section 4.3 s. 4.3 precludes application of tie-breaker rule
11 October 2013 Roundtable, 2013-0495901C6 F - Limited partnership loss and non-capital loss Income Tax Act - Section 111 - Subsection 111(8) - Non-Capital Loss non-capital loss is not increased by amount otherwise deductible under s. 111(1)(e)
11 October 2013 Roundtable, 2013-0495741C6 F - Dividend received by an employee trust Income Tax Act - Section 104 - Subsection 104(19) s. 104(19) designation unavailable for employee trust or employee benefit trust
11 October 2013 Roundtable, 2013-0495891C6 F - Partnership's capital gains allocation - CGE Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) capital gains from CGD-eligible property are separately allocated to partner
25 September 2013 Internal T.I. 2013-0476311I7 F - 93(2), 93(2.01) - Share substituted Income Tax Act - Section 248 - Subsection 248(5) s. 248(5) requirement for a legal exchange is engaged by a reference to a substituted share
Income Tax Act - Section 93 - Subsection 93(2.01) concept of substituted share in s. 93(2.01) is subject to the exchanged-for limitation in s. 248(5)(a)
11 October 2013 Roundtable, 2013-0495271C6 F - Flow-through shares and death Income Tax Act - Section 66 - Subsection 66(12.6) renunciation must take effect before the death of the deceased and is unavailable to estate
Income Tax Act - Section 66 - Subsection 66(12.66) lookback unavailable where taxpayer was deceased on December 31 of look-back year
11 October 2013 Roundtable, 2013-0495911C6 F - Insurable employment Other Legislation/Constitution - Federal - Employment Insurance Act - Section 5 - Subsection 5(2) - Paragraph 5(2)(b) employment by employees of partnership of corporations is treated as joint employment by those corporations
Income Tax Act - Section 7 - Subsection 7(3) - Paragraph 7(3)(a) partners treated as employers of partnership employees
11 October 2013 APFF Roundtable, 2013-0495751C6 F - Time of an Acquisition of Control Income Tax Act - Section 256 - Subsection 256(9) s. 256(9) does not permit the parties to elect as to the actual time of acquisition of control
11 October 2013 APFF Roundtable, 2013-0493691C6 F - Transfer of a Foreign Retirement Arrangement Income Tax Act - Section 60.01 2 transfers of IRAs or 401(k) would not be a series of periodic payments
11 October 2013 APFF Roundtable, 2013-0495821C6 F - Share disposition Income Tax Act - Section 248 - Subsection 248(1) - Disposition no disposition where shares exchanged for identical-attribute shares of a different class
Income Tax Act - Section 85 - Subsection 85(1) shares in different class with identical attributes are the same shares
2013-11-06 30 September 2013 External T.I. 2013-0505151E5 F - Biens de remplacement Income Tax Act - Section 44 - Subsection 44(5) - Paragraph 44(5)(b) rollover unavailable where replacement property leased for use in a different business of Opco lessee
26 September 2013 External T.I. 2013-0497101E5 F - Avantage imposable consenti par un actionnaire Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) gift made by shareholder-manager to corporate employee “not received … on a purely personal basis”
7 October 2013 Internal T.I. 2013-0504081I7 F - Interaction between 55(2) and 40(1)(a)(iii) Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(iii) reserve available for s. 55(2) gain on purchase for cancellation of shares where redemption proceeds payable on an earnout basis
Income Tax Act - Section 55 - Subsection 55(2) s. 40(1)(a)(iii) reserve available where redemption proceeds payable on earnout basis
General Concepts - Payment & Receipt distinction between promissory note as conditional or absolute payment
19 September 2013 External T.I. 2013-0498331E5 F - Catégories 29 et 50 Income Tax Regulations - Schedules - Schedule II - Class 50 post-February 2011 computer equipment includible in Class 50
2013-10-30 25 September 2013 External T.I. 2013-0485751E5 F - Rescinding 45(2) election by a non-resident Income Tax Act - Section 116 - Subsection 116(3) s. 116(3) filing requirement counted from date of deemed disposition under s. 45(2)
Income Tax Act - Section 45 - Subsection 45(2) deemed dispositin on 1st day of revocation year triggers s. 116(3) filing
25 September 2013 External T.I. 2013-0497011E5 F - OETC - Qualifying period Income Tax Act - Section 122.3 - Subsection 122.3(1) related preparatory and sick leave periods can be included in qualifying period computation
2013-10-23 25 September 2013 External T.I. 2013-0488571E5 F - Repayment of a dividend General Concepts - Effective Date taxpayer generally cannot change his legal position through a subsequent board or shareholder resolution
Income Tax Act - Section 82 - Subsection 82(1) - Paragraph 82(1)(a) dividend declared cannot be nullified by subsequent board or shareholder resolution
2013-10-09 11 July 2013 External T.I. 2013-0490591E5 F - Montant pour une personne à charge Income Tax Act - Section 118 - Subsection 118(1) - Paragraph 118(1)(b) - Subparagraph 118(1)(b)(ii) conditions not satisfied where children did not live with non-supporting husband following separation
Income Tax Act - Section 248 - Subsection 248(1) - Common-Law Partner can be in a conjugal relationship even if live in the same home for only half of each year
Income Tax Act - Section 2 - Subsection 2(1) sole fact of a non-resident having a conjugal relationship with a Canadian resident does not render him a resident
25 September 2013 External T.I. 2011-0428941E5 F - Transfer of Stock Options to Protective Trust Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(a) transfer out of protective trust before exercise
25 November 2012 Roundtable, 2013-0479401C6 F - Employés et Achat Ltée – commentaires panel ARC Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) Buyco that is formed by employer to purchases departing employees’ shares is NAL
Income Tax Act - Section 84.1 - Subsection 84.1(1) - Paragraph 84.1(1)(b) generally a deemed dividend on repurchase of departing employees’ shares by employer-funded Buyco
2013-10-02 25 September 2013 External T.I. 2013-0477571E5 F - Partnership - fin. fees and mng fees Income Tax Regulations - Regulation 402 - Subsection 402(7) service performed by service to partnership must have been previously performed by a partnership employee and relate to a short-term task

Pages