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23 November 2016 Internal T.I. 2014-0558411I7 F - Application du paragraphe 110.7(4)
Principal Issues: Additional information requested following the interpretation 2013-050548.
Position: See document.
Reasons: Wording of the act.
XXXXXXXXXX S. Lambert, CPA, CMA, D. FISC
2014-055841
November 23, 2016
Subject: Application of subsection 110.7(4) of the Income Tax Act
This letter is in response to your e-mail received on November 25, 2014, requesting clarification regarding the response that was issued in Technical Interpretation 2013-0505481E5.
Unless otherwise indicated, all statutory references herein are references to the provisions of the Income Tax Act (the "Act") (footnote 1) and the Income Tax Regulations (" the Regulations").
In summary, technical interpretation 2013-0505481E5, to which you referred, described a situation where an individual held a job at a special work site referred to in subparagraph 6(6)(a)(i) of the Act. This special work site was located in an intermediate zone referred to in subsection 7303.1(2) of the Regulations. His employer paid him an allowance of $70 per day for his board and lodging.
In this context, the correspondent wondered whether the $70 per day allowance could be excluded from the employee's income under subparagraph 6(6)(a)(i) of the Act. If so, he asked what was the impact on the deduction under paragraph 110.7(1)(b) of the Act? This provision provides, where certain conditions are met, a deduction for cost of living expenses in computing the taxable income of individuals resident in northern or intermediate zones prescribed by section 7303.1 of the Regulations (hereinafter, "the deduction under paragraph 110.7(1)(b) of the Act").
In response to this second question, the Rulings Directorate stated, inter alia, that:
"Under the wording of subsection 110.7(4), where a taxpayer receives an allowance for a taxation year that is excluded from computing the taxpayer’s income under subparagraph 6(6)(a)(i), this allowance reduces the amount of the deduction otherwise calculated for the year under paragraph 110.7(1)(b)."
Question
In your view, our answer to the second question should have specified that only allowances received for board and lodging in respect of a special work site under subparagraph 6(6)(a)(i) of the Act within 30 kilometers of a population centre of at least 40,000 persons reduce the amount of the deduction under paragraph 110.7(1)(b) of the Act. You would like us to clarify our position in this regard.
You also refer to lines 6752 and 6759 of Form T2222 - Northern Residents Deductions ("Form T2222"). You add that these lines indicate, without further details, that the deduction must be reduced for the taxable benefits received for board and lodging expenses in respect of special work sites listed in box 31 of the T4 slip or in box 124 of the T4A slip. In your opinion, a distinction should be made between a special work site within a 30-kilometer distance of a population centre and a site outside such an area. You would like us to clarify that position as well.
We agree with your interpretation. Essentially, subsection 110.7(4) of the Act provides that the value of the board and lodging to which a taxpayer is entitled in a region other than a work site described in paragraph 67.1(2)(e) of the Act (or an allowance in respect of expenses incurred by the taxpayer in that regard) reduces the deduction under paragraph 110.7(1)(b) of the Act in respect of the particular area if, at the same time, the value of the board and lodging (or the allowance in that regard):
(a) would, but for subparagraph 6(6)(a)(i), be included in computing the taxpayer’s income for the year; and
(b) can reasonably be considered to be attributable to that portion of the qualifying period that is in the year and during which the taxpayer maintained a self-contained domestic establishment as the taxpayer’s principal place of residence in an area other than a prescribed northern zone or a prescribed intermediate zone for the year.
The wording of subsection 110.7(4) of the Act specifically states "other than at a work site described in paragraph 67.1(2)(e)(footnote 2)". This statement confirms that subsection 110.7(4) refers only to special work sites referred to in subparagraph 6(6)(a)(i) of the Act that are within 30 kilometers of a population centre of at least 40,000 people.
With respect to technical interpretation 2013-0505481E5, the author did not set out all of the terms of subsection 110.7(4) of the Act, including the reference to paragraph 67.1(2)(e) of the Act. Rather, the author chose to use the phrase "under subsection 110.7(4) of the Act" to express that various conditions that must be met in order for an allowance under subparagraph 6(6)(a)(i) of the Act to reduce the deduction under paragraph 110.7(1)(b) of the Act.
In addition, we have advised the Individual Information Section to amend Form T2222 to reflect all the parameters of the wording of subsection 110.7(4) of the Act.
We trust that our comments will be of assistance.
Michel Lambert, CPA, CA, M. Fisc.
Manager
Business and Employment Income Division
Income Tax Rulings Directorate
Legislative Policy and
Regulatory Affairs Branch
FOOTNOTES
Due to our system requirements, footnotes contained in the original document are reproduced below:
1 R.S.C. 1985, C. 1 (5th Supplement), as amended.
2 A site referred to in paragraph 67.1(2)(e) of the Act is at a site in Canada that is located both outside of a population center of at least 40,000 persons and is at least 30 kilometers to the nearest point on the population center's boundary.
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