Translations of recent severed letters

Bundle Date Translated severed letter Summaries under Summary descriptor
2011-06-17 9 June 2011 Internal T.I. 2011-0395001I7 F - Co-propriété indivise d'un duplex Income Tax Act - Section 54 - Principal Residence - Paragraph (a) 2 equal co-owners of duplex could each claim the principal residence exemption for “their” unit
General Concepts - Fair Market Value - Land although each 50% co-owner of a duplex has an undivided interest in the whole dwelling, the FMV of her interest relates exclusively to the housing unit occupied by her
General Concepts - Ownership co-ownership interest is in the whole but valuation of the part occupied should reflect rights of exclusive possession
2011-06-10 30 May 2011 External T.I. 2011-0393731E5 F - Congrès Income Tax Act - Section 20 - Subsection 20(10) taxpayer need not be a member of the convention-sponsoring organization
2011-06-03 18 May 2011 Internal T.I. 2010-0380391I7 F - Convention entre des co-propriétaires Income Tax Act - Section 9 - Nature of Income agreement of co-owners to share revenues disproportionately would be recognized if such agreement is binding
25 May 2011 Internal T.I. 2011-0395871I7 F - Pension alimentaire - désignation rétroactive Income Tax Act - Section 56.1 - Subsection 56.1(4) - Support Amount monthly interim amounts retroactively declared to be support were “support amounts” in contrast to subsequently declared arrears support
24 May 2011 External T.I. 2010-0387741E5 F - Revenu d'entreprise exploitée activement Income Tax Act - Section 125 - Subsection 125(7) - Specified Investment Business corporation renting out trailers earned other business income rather than income from property given level of services provided
19 May 2011 External T.I. 2011-0405431E5 F - RPDB et feuillet T4 Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) - Subparagraph 6(1)(a)(i) no T4 reporting for employer DPSP contribution
Income Tax Regulations - Regulation 8301 - Subsection 8301(2) T4 reporting by DPSP employer of pension adjustment
Income Tax Act - Section 147 - Subsection 147(10.3) T4 reporting-treatment of DPSP benefit to s. 147(2)(k.2) persons
2011-05-27 20 May 2011 External T.I. 2011-0394391E5 F - Tuition Tax Credit Income Tax Act - Section 118.5 - Subsection 118.5(3) - Paragraph 118.5(3)(c) - Subparagraph118.5(3)(c)(ii) costs of laptops purchased pursuant to bundled purchase program did not qualify
18 May 2011 External T.I. 2011-0392441E5 F - Outils - déduction pour amortissement Income Tax Regulations - Schedules - Schedule II - Class 12 - Paragraph (c) small tools were Class 12 assets rather than currently deductible
Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) CCA claim was to be proportionately reduced based on personal use percentage
2011-05-20 9 May 2011 External T.I. 2010-0384711E5 F - Avantages imposables Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(b) - Subparagraph 6(1)(b)(vii) ATV allowance for foreman’s supervisory use was taxable
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(b) allowance for gasoline expenses of forestry tree trimmers were taxable – limited exception for non-receipted reimbursement of safety equipment
11 May 2011 External T.I. 2011-0394231E5 F - Subsections 14(1.01) and 85(1) - Quotas Income Tax Act - Section 110.6 - Subsection 110.6(1.3) milk quotas could be segregated between those eligible for capital gains deduction and those transferred on rollover basis
Income Tax Act - Section 85 - Subsection 85(1) - Paragraph 85(1)(a) otherwise-fungible milk quotas could be segregated on the basis of their tax characteristics
9 May 2011 Internal T.I. 2011-0399531I7 F - Computation of safe income Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) non-capital loss that resulted from immediate recognition of expenses but deferral of WIP on construction contracts effected an immediate SIOH reduction
2011-05-13 6 May 2011 External T.I. 2011-0399491E5 F - Withholding - stock option benefits Income Tax Act - Section 153 - Subsection 153(1.1) CRA may consider source deductions issue in rulings context
28 April 2011 Internal T.I. 2011-0394301I7 F - Obligation de l'employeur - feuillet T4 modifié Income Tax Regulations - Regulation 200 - Subsection 200(1) procedure for correcting T4 slips
Income Tax Act - Section 152 - Subsection 152(4.2) procedure for employee to request correction of incorrectly reported T4 benefit
9 May 2011 External T.I. 2010-0385211E5 F - Entreprise habituelle de prêt d'argent Income Tax Act - Section 15 - Subsection 15(2.3) loans to shareholders at prescribed rate could be part of regular money-lending business
2 May 2011 External T.I. 2011-0392661E5 F - T2 Sched. 3 Reporting of Dividend Paid to a Trust Income Tax Act - Section 104 - Subsection 104(19) dividend paid to trust which then is flowed through to corporate beneficiary is reported as paid to person other than connected corporation
2011-05-06 25 February 2011 External T.I. 2010-0387991E5 F - RAP, intention, lieu principal de résidence Income Tax Act - Section 146.01 - Subsection 146.01(1) - Regular Eligible Amount - Paragraph (a) test is one of intention at withdrawal time and not whether closing actually occurred
Income Tax Act - Section 146.01 - Subsection 146.01(3) timing of HBP balance reduction
14 March 2011 External T.I. 2010-0382091E5 F - Revenu d'entreprise exploitée activement Income Tax Act - Section 9 - Nature of Income provision of fully-furnished units together with cleaning services generated property rather than business income
13 April 2010 External T.I. 2010-0382791E5 F - Logement offert gratuitement à un pasteur Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) occupation of free housing after ceased to be pastor not taxable if not in exchange for services
29 April 2011 External T.I. 2010-0382221E5 F - Crédit personne à charge et montant pour enfant Income Tax Act - Section 118 - Subsection 118(1) - Paragraph 118(1)(b) payment of support for one month before obtaining custody ousted credit
Income Tax Act - Section 118 - Subsection 118(1) - Paragraph 118(1)(b.1) foster child could qualify as “child” of individual having charge of foster family, but not as wholly dependent
11 April 2011 External T.I. 2010-0382181E5 F - Emploi chantier particulier - propriétaire Income Tax Act - Section 6 - Subsection 6(6) - Paragraph 6(6)(a) employee can still qualify if lives in a secondary home near the work site
2011-04-29 4 April 2011 External T.I. 2010-0388741E5 F - Société quittant le Canada Income Tax Act - Section 250 - Subsection 250(5.1) no requirement to file Canadian returns following continuance
22 March 2011 Internal T.I. 2010-0387551I7 F - Dépenses - travailleur indépendant Income Tax Regulations - Schedules - Schedule II - Class 8 - Paragraph 8(i) erotic costumes used on website did not qualify
Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(h) expenses of costumes, breast implants and rejuvenation expenses of erotic website were non-deductible
2011-04-22 8 October 2010 Roundtable, 2010-0373201C6 F - Change of Control and Amalgamation Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(a) CRA will respect out-of-ordinary course transactions that logically occur between AOC and amalgamation as being effected by predecessor
2011-04-08 30 March 2011 External T.I. 2010-0390591E5 F - Cotisation spéciale General Concepts - Payment & Receipt amounts paid by set-off are both paid even though no movement of funds
Income Tax Act - Section 9 - Timing amounts assessed against the taxpayer by co-owners not deductible until expended on or in the business
Income Tax Act - Section 248 - Subsection 248(16) - Paragraph 248(16)(a) - Subparagraph 248(16)(a)(i) addition for GST and subtraction for ITC
8 October 2010 Roundtable, 2010-0373501C6 F - Al. 212(9)d) proposé - remboursement Income Tax Act - Section 212 - Subsection 212(9) - Paragraph 212(9)(d) need for alteration of 2-year limitation in s. 227(5) in order to recover tax back to 2000
8 October 2010 Roundtable, 2010-0373661C6 F - Calcul de surplus et NIIF Income Tax Regulations - Regulation 5907 - Subsection 5907(2.1) IFRS statements can only be used if prepared in accordance with local laws
8 October 2010 Roundtable, 2010-0373651C6 F - Monnaie fonctionnelle - PCGR et NIIF Income Tax Act - Section 261 - Subsection 261(1) - Functional Currency 3 differences between GAAP and s. 261 determination of functional currency

Pages