Translations of recent severed letters

Bundle Date Translated severed letter Summaries under Summary descriptor
2022-04-06 7 January 2022 External T.I. 2020-0866751E5 F - CEWS and government financial assistance Income Tax Act - Section 125.7 - Subsection 125.7(4) government assistance based partly on payroll levels would not be qualifying revenue if normal accounting practice would be to contra payroll expense
Income Tax Act - Section 125.7 - Subsection 125.7(1) - Qualifying Revenue government assistance that under normal accounting practice was applied to reduce recorded expenses would not be qualifying revenue
2022-03-16 23 June 2020 External T.I. 2020-0847641E5 F - SSUC - Entité déterminée et institution publique
4 May 2021 External T.I. 2020-0853361E5 F - Frais d'asepsie / asepsis fees Income Tax Act - Section 118.2 - Subsection 118.2(2) - Paragraph 118.2(2)(a) additional dentists’ charges for COVID precautions qualified
1 June 2021 Internal T.I. 2020-0858471I7 F - Paiement forfaitaire rétroactif admissible Income Tax Act - 101-110 - Section 110.2 - Subsection 110.2(1) - Qualifying Amount - Paragraph (a) - Subparagraph (a)(i) pay equity awards agreed to consensually did not qualify
2022-02-23 5 November 2021 External T.I. 2019-0812631E5 F - Allocation canadienne pour enfants et garde partagée Income Tax Act - Section 122.6 - Shared-Custody Parent - Paragraph (b) Lavrinenko interpretation regarding a shared-custody parent was legislatively overruled retroactively
2021 Ruling 2020-0874931R3 F - Post-mortem Pipeline Income Tax Act - Section 84 - Subsection 84(2) pipeline using a joint Newco of children and estate
Income Tax Act - Section 251.2 - Subsection 251.2(2) - Paragraph 251.2(2)(a) replacement of an executor resulted in an acquisition of control of subsidiaries
2022-02-09 2021 Ruling 2021-0894621R3 F - Paiement à un membre qui quitte Income Tax Act - Section 3 - Paragraph 3(a) lump-sum assistance paid to a member of a religious community, who had taken vows of poverty, on his return to secular life, is not income
2022-01-26 26 October 2021 External T.I. 2019-0800111E5 F - Psychothérapeutes du Québec, professionnels de la Income Tax Act - Section 118.4 - Subsection 118.4(2) Quebec psychotherapists added to list of authorized medical practitioners
2022-01-05 18 November 2021 External T.I. 2021-0917841E5 F - Traitement fiscal d’un revenu d’une emphytéose Income Tax Act - Section 248 - Subsection 248(1) - Disposition the granting of an emphyteusis is a part disposition of property rather than a lease
2021-12-08 2020 Ruling 2020-0844081R3 F - Rollout of property to beneficiaries Income Tax Act - 101-110 - Section 107 - Subsection 107(2) s. 107(2) applicable to distribution of trust’s shares to beneficiaries followed by an immediate s. 85(1) roll into holdco controlled by father
Income Tax Act - 101-110 - Section 104 - Subsection 104(4) a trust should distribute shares of an Amalco whose predecessor had received shares as beneficiary of another discretionary family trust before the latter’s 21-year anniversary
2021-11-24 2020 Ruling 2020-0840631R3 F - Purpose Test in Subsection 55(2) Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(b) no application of s. 55(2) because ss. 88(2)(b) and 84(2) dividends did not significantly reduce capital gains
Income Tax Act - Section 88 - Subsection 88(2) - Paragraph 88(2)(b) deemed ss. 88(2)(b) and 84(2) dividends on winding-up into three Holdcos
2021-11-17 7 July 2021 External T.I. 2020-0848251E5 F - Donation and CEWS qualifying revenue Income Tax Act - Section 125.7 - Subsection 125.7(1) - Qualifying Revenue - Paragraph (c) gifts received by a registered charity are qualifying revenue
2021-10-13 2020 Ruling 2020-0848231R3 F - Rollover of RRSP proceeds to a lifetime benefit trust. Income Tax Act - Section 60.011 transfer of RRSP proceeds to a lifetime benefit trust
Income Tax Act - Section 75.2 annuity purchased by Hansen trust included in income of beneficiary rather than of Hansen trust
2021-09-08 1 June 2021 External T.I. 2020-0865201E5 F - Sale of property for POD less than FMV Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) sale of 2 properties by 50-50 corp at a knowing undervalue to the respective shareholders’ own corporations likely was non-arm’s length
Income Tax Act - Section 56 - Subsection 56(2) sale of 2 properties by 50-50 corp at a knowing undervalue to the respective shareholders’ own corporations could engage s. 56(2)
2021-09-01 21 June 2021 External T.I. 2019-0815871E5 F - 83(2)b) and cost Income Tax Act - Section 54 - Adjusted Cost Base promissory note issued in satisfaction of a capital dividend has full cost
Income Tax Act - Section 52 - Subsection 52(1) s. 52(1) is unnecessary to establishing full cost for a note transferred in satisfaction of a capital dividend
2021-06-23 4 February 2021 Internal T.I. 2020-0872991I7 F - Revenu d'emploi d'un Indien en travail à domicile Other Legislation/Constitution - Federal - Indian Act - Section 87 Indian working from home office on reserve during COVID generated exempt employment income
2021-06-16 5 March 2021 External T.I. 2017-0713041E5 F - Allocation pour usage d’un véhicule à moteur Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(b) - Subparagraph 6(1)(b)(x) it can be acceptable to cap the kilometres for which a car allowance is paid
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(b) - Subparagraph 6(1)(b)(vii.1) unreasonably low allowance may be taxable
17 February 2021 External T.I. 2018-0768051E5 F - Contrat de crédit-bail Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) - Subparagraph 20(1)(c)(ii) leasing contract cannot be recharacterized as a secured loan funding an acquisition of depreciable property
Income Tax Act - Section 68 lease payments for vehicle lease with bargain purchase option are allocated between ACB of option and deductible lease payments
Income Tax Act - Section 49 - Subsection 49(3) a portion of the lease payments under a lease with a bargain purchase option recharacterized as consideration for the option
Income Tax Act - Section 13 - Subsection 13(5.2) acquisition of leased vehicle pursuant to bargain purchase option followed by sale of vehicle could engage s. 13(5.2)
Income Tax Act - Section 16.1 - Subsection 16.1(1) truck tractor is prescribed property
General Concepts - Substance lease payments, but not the lease itself, could be recharacterized
23 February 2021 External T.I. 2018-0769891E5 F - 125(7) "revenu de société déterminé" Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) presumption that two 50% shareholders act together to control the corporation
Income Tax Act - Section 125 - Subsection 125(7) - Specified Corporate Income - Paragraph (a) - Subparagraph (a)(i) - Clause (a)(i)(B) - Subclause (a)(i)(B)(I) services income from multiple private corporations referenced in s. (a)(i)(A) can be bad income for purposes of the substantially all test
Income Tax Act - Section 125 - Subsection 125(1) - Paragraph 125(1)(a) - Subparagraph 125(1)(a)(i) - Clause 125(1)(a)(i)(B) services income from multiple investee private corporations can be bad income for purposes of the specified corporate income - s. (a)(i)(B) safe harbour
2021-06-02 14 April 2021 External T.I. 2018-0785921E5 F - alinéa 87(1)a) Income Tax Act - Section 87 - Subsection 87(1) - Paragraph 87(1)(a) a statutory amalgamation satisfied s. 87(1)(a) notwithstanding a distribution of cash on the amalgamation
2021-05-26 2021 Ruling 2020-0868661R3 F - Section 84.1 – Leveraged Buyout Income Tax Act - Section 84.1 - Subsection 84.1(1) s. 84.1 did not apply to a leveraged buyout financed by the target
Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) ruling that buyout was an arm’s length transaction
2021-04-14 7 October 2020 APFF Roundtable Q. 15, 2020-0852271C6 F - Corporate attribution rules Income Tax Act - Section 74.4 - Subsection 74.4(2) s. 74.4(2) could apply to a s. 51 estate freeze-style reorganization by two spouses in favour of two discretionary trusts for them and their spouse
7 October 2020 APFF Roundtable Q. 16, 2020-0867071C6 F - APFF Q.16 - Withholding tax on swap payment Income Tax Act - Section 16 - Subsection 16(1) interest is no longer imputed on mismatched cross-border swap payments
Income Tax Act - Section 9 - Capital Gain vs. Profit - Swaps all amounts payable or receivable under a swap are on income account

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