We have translated 9 more CRA Interpretations

1 March 2021 - 11:23pm
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We have published a further 9 translations of CRA interpretation released in February and January, 2009. Their descriptors and links appear below.

These are additions to our set of 1,409 full-text translations of French-language Roundtable items and Technical Interpretations of the Income Tax Rulings Directorate, which covers all of the last 12 years of releases of Interpretations by the Directorate. These translations are subject to the usual (3 working weeks per month) paywall. You are currently in the “open” week for March.

Bundle Date Translated severed letter Summaries under Summary descriptor
2009-02-13 14 January 2009 External T.I. 2008-0274271E5 F - Rente de la Suisse Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(a) - Subparagraph 56(1)(a)(i) - Clause 56(1)(a)(i)(C.1) does not extend to pension from Switzerland
Treaties - Income Tax Conventions - Article 18 exemption under Art. 18(2) of the Canada-Switzerland treaty
12 January 2009 External T.I. 2008-0293901E5 F - Article 80 Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) - Subparagraph 20(1)(c)(ii) indirect use test also applies to the extent of eligible capital attributable to shares repurchased in consideration for debt issuance
Income Tax Act - Section 80 - Subsection 80(1) - Commercial Debt Obligation de minimis interest deductibility on a debt could cause it to be a commercial debt obligation
19 January 2009 Internal T.I. 2008-0305241I7 F - Impôt de la partie I.3 et PCGR Income Tax Act - Section 181 - Subsection 181(3) CRA can challenge taxpayer’s application of GAAP
2009-02-06 22 January 2009 External T.I. 2008-0290971E5 F - Bénéfices de fabrication et de transformation Income Tax Act - Section 125.1 - Subsection 125.1(3) - Canadian Manufacturing and Processing Profits operation of breaking bulk packages into smaller lots for repackaging and sale was not “processing”
Income Tax Regulations - Schedules - Schedule II - Class 29 equipment used in dividing and repackaging bulk goods was not “processing” equipment
2009-01-30 21 January 2009 External T.I. 2008-0266191E5 F - Part IV & Capital Gain Strip Income Tax Act - Section 186 - Subsection 186(1) - Paragraph 186(1)(b) 943963 Ontario followed
Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) portion of the dividend received by the recipient corporation that is subject to Pt. IV also includes any safe income attributable to the shares of the payer held by the recipient
26 January 2009 Internal T.I. 2008-0303901I7 F - Allocation raisonnable et coûts d'opération Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(b) - Subparagraph 6(1)(b)(vii.1) Quebec government-mandated travel allowances are reasonable including re depreciation – if too low, can make s. 8(1)(h.1) claim
2009-01-23 13 January 2009 External T.I. 2008-0296981E5 F - Ajustement au PBR d'une participation Income Tax Act - Section 53 - Subsection 53(2) - Paragraph 53(2)(c) - Subparagraph 53(2)(c)(i) - Clause 53(2)(c)(i)(B) full amount of allocated farm loss reduces partnership ACB even if loss restricted under s. 31
23 December 2008 External T.I. 2008-0271401E5 F - GRIP/CRTG Income Tax Act - Section 89 - Subsection 89(1) - General Rate Income Pool - Element A - Element G safe income dividend can be included in GRIP if designated as separate dividend
6 January 2009 External T.I. 2008-0289341E5 F - EET - Règles transitoires Income Tax Act - Section 248 - Subsection 248(1) - Salary Deferral Arrangement no grandfathering under 1986 transitional rule
Income Tax Act - Section 6 - Subsection 6(11) recognition under s. 6(11) of previously-unrecognized portion of deferred amount