Translations of recent severed letters

Bundle Date Translated severed letter Summaries under Summary descriptor
2013-01-23 7 November 2012 External T.I. 2012-0466681E5 F - Frais de gestion environnementale General Concepts - Fair Market Value - Other mandatory ecocharges added to cost of electronic goods also included in their FMV
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) ecocharges payable on any purchase of electronic goods included in benefit from their gift
10 December 2012 External T.I. 2011-0429721E5 F - OETC - Employee stock options benefits Income Tax Act - Section 122.3 - Subsection 122.3(1) - Paragraph 122.3(1)(d) s. 7(1)(a) benefit apportioned based on Canadian and overseas duties performed - generally in year options issued
Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(i) s. 7(1)(a) benefit generally relates to duties performed in the grant year
2013-01-16 5 October 2012 Roundtable, 2012-0451271C6 F - Residence of a trust Income Tax Act - Section 2 - Subsection 2(1) trust residency determination focuses on where in fact there is the exercise of authority over significant decisions
5 October 2012 Roundtable, 2012-0454021C6 F - Expiration d'un arrangement Income Tax Regulations - Regulation 6205 - Subsection 6205(2) purpose of Reg. 6205(2) re estate freezes and employees
5 October 2012 Roundtable, 2012-0453171C6 F - TFSA - Survivor payments to more than one survivor Income Tax Act - Section 207.01 - Subsection 207.01(1) - Exempt Contribution - Paragraph (d) - Subparagraph (d)(iii) CRA allows contributions by two survivors totaling what would have qualified with only one survivor
5 October 2012 Roundtable, 2012-0453581C6 F - Somme payable - revenus de placements Income Tax Act - Section 104 - Subsection 104(24) acknowledgement of debt under a 25-year note does not satisfy s. 104(24)
5 October 2012 Roundtable, 2012-0453961C6 F - Copropriété indivise (50-50) d'un triplex Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) allocation of lived-in triplex unit to total interest in triplex sold might be made on relative floor area basis if no qualitative variations
5 October 2012 Roundtable, 2012-0454141C6 F - Déductibilité des frais afférents à un véhicule Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(h.1) s. 6(1)(b) inclusion and s. 8(1)(h.1) deduction where allowance received for daily travel only in excess of 40 kilometres
5 October 2012 Roundtable, 2012-0454121C6 F - Automobiles de collections Income Tax Act - Section 15 - Subsection 15(5) use of average purchase-cost range approach for computing standby charge where multiple vintage cars held by corporation and controlled by shareholder
5 October 2012 Roundtable, 2012-0453151C6 F - fractionnement de revenu de pension Income Tax Act - Section 60.03 - Subsection 60.03(1) - Eligible Pension Income - Paragraph (a) last RRIF annuitant inclusion on death under s. 146.3(6) does not qualify for splitting
20 November 2012 External T.I. 2012-0466891E5 F - Non-Cash Gifts and Non-Cash Awards Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose gifts and awards to employee are deductible even if within $500 tax-free amount
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) $500 tax-free non-cash gift amount calculated including sales tax
5 October 2012 Roundtable, 2012-0451261C6 F - Foreign entity classification Income Tax Act - Section 248 - Subsection 248(1) - Corporation listing of most important criteria for foreign entity classification/separate legal personality not determinative
5 October 2012 Roundtable, 2012-0454131C6 F - Caractère raisonnable d'une allocation automobile Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(b) reasonable car allowance potentially can exceed Reg. 7306 levels/Treasury Board rates will be accepted
5 October 2012 Roundtable, 2012-0453201C6 F - Règles d'attribution- séparation & décès Income Tax Act - Section 74.5 - Subsection 74.5(3) s. 74.5(3) busting of attribution occurs even if they were living separate and apart for under 90 days before the death of the transferee common-law spouse
Income Tax Act - Section 13 - Subsection 13(1) recapture from rental property is property income from that property
5 October 2012 Roundtable, 2012-0451251C6 F - Excess of foreign tax withheld at source Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax foreign withholdings on American depositary receipts in excess of Treaty-limited rate does not qualify as an income tax
Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose tax withheld in excess of Treaty-rate is not deductible as an expense
22 November 2012 External T.I. 2012-0441781E5 F - Prohibited Investment - Cooperative Income Tax Regulations - Regulation 4900 - Subsection 4900(15) application to shares of cooperative
Income Tax Act - Section 248 - Subsection 248(1) - Shareholder investor in cooperative holds shares and is shareholder
Income Tax Act - Section 207.01 - Subsection 207.01(1) - Prohibited Investment - Paragraph (b) - Subparagraph (b)(i) share of cooperative can be a share of corporation for prohibited investment purposes
15 October 2012 Internal T.I. 2012-0452161I7 F - Frais de garde, revenu gagné, RQAP Income Tax Act - Section 63 - Subsection 63(3) - Earned Income Quebec Parental Insurance Plan (QPIP) benefits not included in earned income
5 October 2012 Roundtable, 2012-0451241C6 F - Benefit conferred on a NR shareholder by a NR corp Income Tax Act - Section 214 - Subsection 214(3) - Paragraph 214(3)(a) gratuitous use by NR shareholder of Canadian property of the NR corporation produces a s. 214(3)(a) deemed dividend
Income Tax Act - Section 15 - Subsection 15(7) s. 15(7) assists in determining that s. 15 can apply to the NR shareholder of a NR corporation gratuitously using the corporation’s Canadian property
Income Tax Act - Section 247 - New - Subsection 247(2) s. 247(2) could apply to produce s. 212(1)(d) withholding where the NR shareholder of a NR corporation gratuitously uses Canadian corporate property
5 October 2012 Roundtable, 2012-0453181C6 F - Person affiliated with RESP and RDSP Income Tax Act - Section 251.1 - Subsection 251.1(1) - Paragraph 251.1(1)(g) both a subscriber and beneficiary of RESP can be affiliated with such trust
5 October 2012 Roundtable, 2012-0451231C6 F - Gifts to American charities Treaties - Income Tax Conventions - Article 21 U.S. charities are not qualified donees under Art XXI(7) of U.S. Convention
5 October 2012 Roundtable, 2012-0453141C6 F - RCA, prohibited investment Income Tax Act - Section 207.5 - Subsection 207.5(1) - Advantage whether split-dollar arrangement entails an advantage depends on the particulars
2013-01-09 5 November 2012 External T.I. 2012-0458801E5 F - Frais de déménagement Income Tax Act - Section 248 - Subsection 248(1) - Eligible Relocation move can relate to an existing workplace if there is a causal link
30 October 2012 Internal T.I. 2012-0457941I7 F - Indemnité de départ Income Tax Act - Section 110.2 - Subsection 110.2(1) - Specified Portion an award in settlement of severance pay did not relate back to the years in which it accrued
16 October 2012 External T.I. 2011-0425271E5 F - Small CCPC Income Tax Act - Section 157 - Subsection 157(1.2) - Paragraph 157(1.2)(a) carryback of losses can produce small CCPC ("SCCPC") status (quarterly instalments) but not reduce instalment base
Income Tax Regulations - Regulation 5301 - Subsection 5301(4) - Paragraph 5301(4)(a) Amalco’s instalments based on tax payable of predecessors
Income Tax Regulations - Regulation 5301 - Subsection 5301(6) - Paragraph 5301(6)(a) flow-through of attributes of wound-up sub
Income Tax Regulations - Regulation 5301 - Subsection 5301(8) - Paragraph 5301(8)(a) 1st instalment base of transferor taken into account by transferee
13 June 2012 Internal T.I. 2012-0448961I7 F - Paiements en trop faits par un employeur Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(n) salary mistakenly paid after expiry of sick leave period and then repaid, treated as clerical error rather than s. 8(1)(n) adjustment
Income Tax Act - Section 80.4 - Subsection 80.4(1) grant of extended period for employee to repay overpayment was not a s. 80.4 loan
5 November 2012 External T.I. 2012-0445241E5 F - 54 et 40(2)b) Income Tax Act - Section 54 - Principal Residence whether a duplex is a single housing unit turns on the degree of independence v. integration of the two units
2012-12-24 5 October 2012 Roundtable, 2012-0454191C6 F - Policy on Facts in a Ruling Request Income Tax Act - Section 152 - Subsection 152(1) CRA is not confined by requested rulings and submitted facts, where it has concerns

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