| 2016-09-21 |
27 April 2016 External T.I. 2016-0625001E5 F - Surplus Stripping |
Income Tax Act - 101-110 - Section 104 - Subsection 104(24) |
distribution of s. 84(1) dividend effected with note issuance |
| Income Tax Act - Section 245 - Subsection 245(4) |
funnelling deemed dividend to holdco trust beneficiary and resulting PUC to individual beneficiary/shareholder was surplus stripping |
| Income Tax Act - Section 84 - Subsection 84(2) |
using a trust to funnel a deemed dividend from creating PUC to a Holdco beneficiary and funnelling that PUC to the individual beneficiary, is surplus stripping |
| 2 May 2016 External T.I. 2016-0633351E5 F - Descarries Case and Document no. 2015-0610711C6 |
Income Tax Act - Section 84.1 - Subsection 84.1(1) |
purpose of 84.1 not restricted to monetization transactions |
| Income Tax Act - Section 245 - Subsection 245(4) |
Descarries not to be construed narrowly |
| 2016-09-14 |
10 June 2016 External T.I. 2015-0590371E5 F - Résidence principale - stationnement |
Income Tax Act - Section 54 - Principal Residence - Paragraph (e) |
a parking space can form part of a condo housing unit |
| Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) |
designating condo parking space for a year does not exhaust exemption for the condo unit |
| 1 December 2015 Internal T.I. 2015-0588381I7 F - Classification of US-LLCs |
Statutory Interpretation - Interpretation Act - Section 8.1 |
8.1 effected no change/2 step-approach should be inter-provincial |
| Income Tax Act - Section 96 |
corporation/partnership classification of foreign entity not affected by Quebec residence of member |
| Income Tax Act - Section 248 - Subsection 248(1) - Corporation |
status of Delaware, NY and Florida LLCs as corps not affected by Quebec residence of member |
| 5 January 2016 External T.I. 2015-0568911E5 F - MRC - Revenu d’entreprise |
Income Tax Act - Section 256 - Subsection 256(5.1) |
test references dominant person |
| Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(d.5) |
Quebec regional county municipality is municipality |
| 11 April 2016 External T.I. 2015-0564161E5 F - IT-522R par. 36 |
Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(f) |
non-taxable s. 6(1)(b)(v) allowance for one type of expense does not preclude s. 8(1)(f) deduction for other types |
| 2016-09-07 |
7 June 2016 External T.I. 2014-0532451E5 F - Crédit pour la création d’emplois pour apprentis |
Income Tax Act - Section 127 - Subsection 127(9) - Eligible Apprentice |
apprenticeship contracts include collective agreements/24-month period runs from issuance of apprentice competency certificate |
| 13 July 2016 External T.I. 2013-0513701E5 F - Montant pour enfant |
Income Tax Act - Section 118 - Subsection 118(1) - Paragraph 118(1)(b.1) |
child accepted as ordinarily residing with parent with joint custody |
| 13 July 2016 External T.I. 2013-0478961E5 F - Interest in a family farm or fishing partnership |
Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Interest in a Family Farm or Fishing Partnership |
qualification of partnership units as interests in a family farm or fishing partnership can be based on a previous period of farming use of its assets |
| 24 June 2016 Internal T.I. 2014-0555611I7 F - Allocation raisonnable |
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(b) - Subparagraph 6(1)(b)(x) |
kilometer-based minimum allowance must be intended to compensate for actual expenses |
| 2016-08-10 |
11 July 2016 External T.I. 2015-0592681E5 F - RRIF Death of an annuitant |
Income Tax Act - Section 146.3 - Subsection 146.3(1) - Annuitant |
surviving spouse who has been predesignated can qualify as an RRIF annuitant even if he or she does not receive any annuity payments |
| Income Tax Act - Section 146 - Subsection 146(1) - Refund of Premiums |
consequence of death if named as beneficiary in RRSP contract |
| Income Tax Act - Section 60 - Paragraph 60(l) |
transfer by eligible recipient of payment out of RRIF |
| Income Tax Act - Section 146.3 - Subsection 146.3(6.2) |
deduction for transfer to eligible recipient by surviving spouse |
| 2016-07-13 |
3 June 2016 External T.I. 2016-0647621E5 F - Dividend designation from a trust - timing |
Income Tax Act - Section 186 - Subsection 186(1) - Paragraph 186(1)(a) |
dividend distributed by a trust to a connected corporation can be subject to Part IV tax due to the delayed implied effective date of s. 104(19) designations |
| Income Tax Act - 101-110 - Section 104 - Subsection 104(19) |
designation not effective until end of year |
| 2016-07-06 |
20 June 2016 External T.I. 2014-0559961E5 F - Subsection 39(4) - securities owned by partnership |
Income Tax Act - Section 39 - Subsection 39(4.1) |
limited partners carry on the trading business of their LP for purposes of the election |
| 20 June 2016 External T.I. 2016-0651951E5 F - Amalgamation - non-capital loss of new corporation |
Income Tax Act - Section 87 - Subsection 87(2.1) |
no carryback of losses of new corporation formed by amalgamation of 2 sisters |
| 20 June 2016 External T.I. 2016-0648481E5 F - Small business deduction and GRIP |
Income Tax Act - Section 125 - Subsection 125(1) |
SBD discretionary |
| Income Tax Act - Section 89 - Subsection 89(1) - Adjusted Taxable Income |
CCPCs can choose to forego the small business deduction so as to maximize their GRIP |
| 2016-06-29 |
4 April 2016 Internal T.I. 2016-0625241I7 F - Application of section 207.31 |
Income Tax Act - 101-110 - Section 110.1 - Subsection 110.1(1) - Paragraph 110.1(1)(d) |
tax on subsequent disposition irrespective of deduction claimed |
| Income Tax Act - Section 207.31 |
tax on sales of ecological lands applies even if no deduction was claimed |
| 16 June 2016 External T.I. 2015-0623031E5 F - Application of paragraph 7(1)(b) |
General Concepts - Effective Date |
contingent amount included under s. 7(1)(b) cannot later be reversed |
| Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(b) |
contingent amount included under s. 7(1)(b), cannot subsequently be excluded |
| 2016-06-22 |
20 April 2016 External T.I. 2016-0633961E5 F - Computation of safe income - stub period |
Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) |
recapture/eligible capital amount realized on sale before safe-income determination time included in safe income |
| 2016-06-15 |
27 April 2016 External T.I. 2016-0633101E5 F - Attribution of safe income |
Income Tax Act - Section 55 - Subsection 55(1) - Distribution |
discretionary dividend shares may not satisfy the distribution definition |
| Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) |
discretionary dividend will not reduce safe income attributable to the other class of discretionary dividend shares to the extent the dividend is taxable under s. 55(2) |
| 2016-05-18 |
30 March 2016 External T.I. 2016-0629701E5 F - bump-up 88(1)(d) |
Income Tax Act - Section 9 - Capital Gain vs. Profit - Real Estate |
land developer accesses capital property status of land held in acquired subsidiary |
| Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(d) |
land developer can bump the cost amount of land (for use by it as land inventory) which was held by a target as capital property when its control was acquired |
| 15 October 2015 Internal T.I. 2014-0527041I7 F - Disposition de biens |
Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(i) |
merely facilitative expenses not deducible |
| 2016-05-11 |
31 March 2016 External T.I. 2014-0524391E5 F - Debt parking |
Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(f.1) |
application of s. 53(1)(f.1) subsequent to application of debt parking rule |
| Income Tax Act - Section 80.01 - Subsection 80.01(8) |
debt parking rule can apply even if no capital loss is recognized |
| 5 January 2016 External T.I. 2013-0515771E5 F - Établissement semblable agréé |
Income Tax Act - Section 37 - Subsection 37(1) - Paragraph 37(1)(a) - Subparagraph 37(1)(a)(ii) - Clause 37(1)(a)(ii)(B) |
applicant’s activities not unquestionably SR&ED |
| 15 March 2016 External T.I. 2015-0606911E5 F - Home Accessibility Tax Credit |
Income Tax Act - Section 118.041 - Subsection 118.041(3) |
claimant must be a qualifying or eligible individual |
| 2016-04-27 |
21 January 2016 Ordre des CPA du Québec Personal Taxation Roundtable Q. 9, 2016-0625141C6 F - Principal residence - duplex |
Income Tax Act - Section 54 - Principal Residence |
interior access door to other unit in duplex occupied by elderly parent, and meal sharing, not sufficient to render as one housing unit |
| 21 January 2016 Roundtable, 2016-0625131C6 F - Farming losses |
Income Tax Act - Section 31 - Subsection 31(1) |
traditional CRA policy on s. 31 is still reflective of its position post-Craig |
| 21 January 2016 Roundtable, 2016-0624871C6 F - Colloque CPA- Frais médicaux - medical expenses |
Income Tax Act - Section 118.2 - Subsection 118.2(2) - Paragraph 118.2(2)(a) |
expenses of doctor travel and of Quebec naturopaths and osteopaths excluded |
| Income Tax Act - Section 118.2 - Subsection 118.2(2) - Paragraph 118.2(2)(d) |
nursing home can be part of a facility |
| 21 January 2016 CPA Personal Income Tax Roundtable Q. 7, 2016-0625731C6 F - Fees related to a voluntary disclosure |
Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(cc) |
VDP fees deductible if re business |
| Income Tax Act - Section 60 - Paragraph 60(o) |
professional fees incurred after a voluntary disclosure is accepted commence to be deductible |
| 21 January 2016 Roundtable, 2016-0624851C6 F - Spousal sharing of charitable gifts made by will |
Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts |
gifts made by will of the deceased can no longer be treated as gifts by a surviving spouse |
| 21 January 2016 Roundtable, 2016-0624811C6 F - Employee Assistance Program |
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) - Subparagraph 6(1)(a)(iv) |
restricted to advice, valued at hypothetical cost |
| 21 January 2016 Roundtable, 2016-0625161C6 F - Résidence principale habitée par un enfant |
Income Tax Act - Section 54 - Principal Residence - Paragraph (a) |
related occupant of a principal residence can be charged FMV rent |
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