We have translated 8 more CRA interpretations

15 March 2022 - 12:03am
Email this ContentEmail this Content

We have published a further 8 translations of CRA interpretation released in May and April, 2005. Their descriptors and links appear below.

These are additions to our set of 1,958 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 16 ¾ years of releases of such items by the Directorate. These translations are subject to our paywall (applicable after the 5th of each month).

Bundle Date Translated severed letter Summaries under Summary descriptor
2005-05-06 20 April 2005 External T.I. 2005-0110421E5 F - ACB BUMP on an AMALGAMATION Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(c) - Subparagraph 88(1)(c)(iii) land included in timber limit is ineligible property
Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property land included in timber limit is depreciable property
2 May 2005 Internal T.I. 2005-0113941I7 F - Reassessment in the Extended Reassessment Period Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) - Subparagraph 152(4)(b)(i) notwithstanding Agazarian, CRA may allow a consequential reallocation of the SBD where it reassesses under s. 152(4)(b)(i) to reduce a loss carryback (and will also adjust M&P credit)
2 May 2005 Internal T.I. 2005-0119971I7 F - CDA - Excessive Election & Late Filed Election Income Tax Act - Section 184 - Subsection 184(3) where the corporation failed to file s. 83(2) election, CRA should assess Pt. III tax first, then assess any s. 184(3) taxable dividends, without normal reassessment period limitation
Income Tax Act - Section 83 - Subsection 83(3.1) where no s. 83(2) election filed for statute-barred year, CRA should request late election under s. 83(3.1) or, failing which, assess a taxable dividend under s. 184(4)(b)(ii)
3 May 2005 Internal T.I. 2005-0120711I7 F - Subsection 104(2) of Regulations Income Tax Regulations - Regulation 104 - Subsection 104(2) - Paragraph 104(2)(b) no Reg. imposes withholding on a retiring allowance paid to a non-resident
2005-04-22 20 April 2005 External T.I. 2004-0101461E5 F - Péninsule de Gaspé"-"comté" Income Tax Act - Section 127 - Subsection 127(9) - Gaspé Peninsula “Kamouraska County” refers to the regional county municipality of Kamouraska
14 April 2005 External T.I. 2004-0107991E5 F - Participation à des études cliniques Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit amounts paid to individuals for participating in pharmaceutical clinical trials were income to them
20 April 2005 External T.I. 2005-0119901E5 F - Associated Corporations - Shareholders' Agreement Income Tax Act - Section 256 - Subsection 256(1.4) - Paragraph 256(1.4)(a) presumption of the referenced shares being issued and outstanding is relevant only re treasury shares and does not multiply already-issued shares
2005-04-15 12 April 2005 External T.I. 2005-0121251E5 F - Temps supplémentaire accumulé Income Tax Act - Section 248 - Subsection 248(1) - Salary Deferral Arrangement question of fact whether ability of employees to bank their overtime was an SDA