Translations of recent severed letters

Bundle Date Translated severed letter Summaries under Summary descriptor
2013-07-10 2 April 2013 External T.I. 2013-0479651E5 F - Leveraged buy-out Income Tax Act - Section 84 - Subsection 84(2) s. 84(2) not engaged on an amalgamation
2013-07-03 14 June 2013 External T.I. 2012-0461301E5 F - Retention of books and records Income Tax Act - Section 230 - Subsection 230(4) relationship between 2-year post dissolution and 6-year hold tests
Income Tax Regulations - Regulation 5800 - Subsection 5800(1) Reg. 5800(1)(a) doc must be retained 2 years' after dissolution without regard to 6-year period
Income Tax Act - Section 230 - Subsection 230(4) - Paragraph 230(4)(a) generally only the GL rather than ancillary journals or back-up are subject to the extended corporate accounting-record retention period under s. 230(4)(a)
9 April 2013 External T.I. 2012-0461051E5 F - Employee of an international organization Income Tax Regulations - Regulation 8900 - Subsection 8900(1) - Paragraph 8900(1)(b) organization was not a specialized agency related to the UN
Income Tax Act - Section 81 - Subsection 81(1) - Paragraph 81(1)(a) exemption for UN officials did not apply to a Canadian resident
Income Tax Act - Section 126 - Subsection 126(3) credit for local taxes imposed on salary of Canadian resident working for an international organization
21 February 2013 External T.I. 2012-0473301E5 F - Test Wind Turbines Income Tax Regulations - Regulation 1219 - Subsection 1219(3) favourable opinion on test wind turbine project
2013-06-26 9 May 2013 External T.I. 2012-0435401E5 F - Server as a PE in a province Income Tax Regulations - Regulation 400 - Subsection 400(2) server (including leased server) in a province at disposal of the business and used in that business is PE
18 June 2013 External T.I. 2012-0433261E5 F - 55(5)(f) and Surplus Stripping Income Tax Act - Section 84 - Subsection 84(2) partial conversion of retained earnings to capital dividends through deliberate failure to make s. 55(5)(f) designation was abusive stripping
Income Tax Act - Section 245 - Subsection 245(4) deliberate engaging of s. 55(2) to convert annual taxable dividends into annual capital gains permitting annual capital dividends would engage s. 245(2)
20 February 2013 External T.I. 2012-0469811E5 F - Interest deductibility Income Tax Act - Section 18 - Subsection 18(2) interest subject to s. 18(2) must be calculated on a lot-by-lot basis
2013-06-19 10 May 2013 External T.I. 2012-0449651E5 F - SENC - revenu d'entreprise exploitée activement Income Tax Act - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share assets used by an LP in its active business are used by its partner in an active business
Income Tax Act - Section 129 - Subsection 129(6) Norco followed
29 April 2013 External T.I. 2013-0476131E5 F - Régime d'assurance-collective Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(e.1) overview of interrelationship between ss. 6(1)(a)(i), 6(1)(e.1) and 6(4)
Income Tax Act - Section 6 - Subsection 6(4) general description of the s.6(4) exception to s. 6(1)(a)(i)
25 April 2013 Internal T.I. 2013-0478511I7 F - Distribution à un commanditaire Income Tax Act - Section 9 - Capital Gain vs. Profit - Real Estate real estate capital gains flowed through to limited partner retained character
Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) allocated capital gains retained their character unless re services performed by partner in course of separate business
Excise Tax Act - Section 272.1 - Subsection 272.1(1) distinction between return on partnership investment and services rendered by partner in the course of a separate business
Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(e) - Subparagraph 53(1)(e)(iv) services rendered by limited partner to LP gave rise to ACB increase if no s. 9 income inclusion for fee income
7 May 2013 External T.I. 2013-0481321E5 F - Logement sécurisé - travail de nature temporaire Income Tax Act - Section 6 - Subsection 6(6) - Paragraph 6(6)(a) - Subparagraph 6(6)(a)(i) payment of rents by a foreign employer at a secure compound in another country could qualify except for after when employment ceased
2013-06-12 20 March 2013 External T.I. 2012-0442571E5 F - Coût d'acquisition d'un terrain Income Tax Regulations - Schedules - Schedule II - Class 8 cost of water and sewer lines connecting mobile home units, included in Class 8
Income Tax Act - Section 54 - Adjusted Cost Base cost of land acquired from developer equal to total barter value minus amounts allocated to Classes 8 and 17
14 February 2013 Internal T.I. 2011-0424341I7 F - Amounts forwarded to trustee/beneficiary Income Tax Act - Section 75 - Subsection 75(2) s. 75(2) not applicable to dividends on common shares issued to discretionary family trust on estate freeze
Income Tax Act - Section 56 - Subsection 56(2) s. 56(2) did not apply to trustee/beneficiary of discretionary trust who directed income to her children and did not exercise discretion in her own favour
Income Tax Act - Section 104 - Subsection 104(13) income was received by children beneficiaries as agent for their mother
Income Tax Act - Section 104 - Subsection 104(6) - Paragraph 104(6)(b) Quebec discretionary trust with two named trustees but, in fact, only one trustee, would not be entitled to s. 104(6)(b) deductions
14 May 2013 External T.I. 2012-0469591E5 F - Capital dividend received by a trust and CDA Income Tax Act - Section 104 - Subsection 104(20) no recognition of capital dividend by corporate beneficiary where received by trust in Year 1 and distributed in Year 2
Income Tax Act - Section 89 - Subsection 89(1) - Capital Dividend Account - Paragraph (g) no addition for capital dividend received by trust in Year 1 and distributed in Year 2 to corporate beneficiary
24 April 2013 External T.I. 2013-0476561E5 F - Coûts de drainage de terre agricole Income Tax Act - Section 30 costs of installing drainage tile deductible by tenant farmer, not lessor
9 January 2013 External T.I. 2010-0384221E5 F - Paiements indirects Income Tax Act - Section 56 - Subsection 56(2) payments rquired to be made by a collective agreement were not intended as redirected income
31 May 2013 External T.I. 2013-0480431E5 F - Deduction from business investment loss Income Tax Act - Section 39 - Subsection 39(10) capital gains deduction previously claimed by individual re capital gain allocated by trust reduced BIL subsequently realized by each of individual and trust
10 May 2013 External T.I. 2012-0442791E5 F - SENC - Revenu d'entreprise exploitée activement Income Tax Act - Section 129 - Subsection 129(6) Norco applied to rent paid by Opco to partnership between Opco's Holdco and Holdco's shareholder's brother
2 May 2013 External T.I. 2013-0481361E5 F - Ordre de disposition d'actions AAPE Income Tax Act - Section 110.6 - Subsection 110.6(14) - Paragraph 110.6(14)(a) FIFO method is applied to determine which of ideintical shares were disposed of first
2013-06-05 12 February 2013 Internal T.I. 2012-0437211I7 F - NRT rules and subsection 164(6) Income Tax Act - Section 164 - Subsection 164(6) s. 94 deemed resident trust could carry back under s. 164(6) re capital loss on non-TCP shares
Income Tax Act - Section 54 - Personal-Use Property personal residence of deceased potentially would not be personal-use property to estate
Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) estate of resident deceased with one resident beneficiary was subject to s. 94(3)
2013-05-29 17 April 2013 External T.I. 2012-0457011E5 F - Coop Shares in RRSP and Prohibited Invest. Rules Income Tax Act - Section 207.01 - Subsection 207.01(1) - Excluded Property - Paragraph (c) shares can become prohibited investments as a result of other shareholders dispose of their shares
Income Tax Act - Section 207.04 - Subsection 207.04(4) dispositions that generate the refund are not limited to redemptions of the shares
Income Tax Act - Section 207.01 - Subsection 207.01(1) - Advantage - Paragraph (c) advantage tax on net capital gains and income of RRSP from cooperative shares

Pages