30 August 1993 External T.I. 9320975 F - Communication of Information

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

Attention: XXXXXXXXXX

August 30, 1993

Dear Sirs:

Re: XXXXXXXXXX

This is in reply to your letter dated July 21, 1993, wherein you request information with respect to a specific tax shelter which has been issued an identification number by the Minister of National Revenue of Canada.

Subsection 237.1(2) of the Canadian Income Tax Act (the Act) provides that a promoter in respect of a tax shelter shall apply to the Minister of National Revenue of Canada in prescribed form for an identification number for the tax shelter unless an identification number therefor has previously been applied for. Pursuant to paragraph 231(5)(a) of the Income Tax Regulations, every promoter with respect to a tax shelter shall on every written statement made by the promoter that refers either directly or indirectly and either expressly or impliedly to the issuance by the Department of National Revenue of an identification number for the tax shelter, as well as on the copies of the portion of the information return to be forwarded pursuant to subsection 231(4) of the Act, include the following statement:

     "The identification number issued for this tax shelter shall be included in any income tax return filed by the investor. Issuance of the identification number is for administrative purposes only and does not in any way confirm the entitlement of an investor to claim any tax benefits associated with the tax shelter."

Revenue Canada, Customs, Excise and Taxation also provides, upon request, advance income tax rulings to taxpayers or groups of taxpayers. The advance ruling states how Revenue Canada will interpret specific provisions of the income tax law for a definite transaction or transactions that the taxpayer is contemplating in the near future. Once given, an advance ruling is binding on the Department unless it is revoked or found to be invalid. These rulings are generally made available to the investors upon request. Some, but not all, tax shelters are the subject of advance income tax rulings.

Except as specifically authorized by subsection 241(1) of the Act, no official shall communicate or allow to be communicated to any person any information obtained by or on behalf of the Minister for purposes of the Act. Any information submitted with an application for an identification number or an advance ruling request is confidential and can only be divulged to the legal representative or agent of the person from whom the information has been obtained, if such representative or agent is authorized in writing in that respect.

We regret that we are unable to provide you with the requested information in the circumstances.

Yours truly,

for Director Manufacturing Industries, Partnerships and Trusts Division Rulings Directorate Legislative and Intergovernmental Affairs Branch