We have translated 8 more CRA interpretations

24 October 2022 - 11:22pm
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We have published a further 8 translations of CRA interpretations released in February and January of 2004. Their descriptors and links appear below.

These are additions to our set of 2,257 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 18 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
2004-02-06 2 February 2004 External T.I. 2003-0052611E5 F - Montant de l'avantage au titre d'un don Income Tax Act - Section 248 - Subsection 248(32) where possible, advantage must be determined on a property-by-property basis
29 January 2004 External T.I. 2003-0046151E5 F - RPE - Dissolution d'une société en commandite Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(a) application of s. 96(1)(a) presumption means that future deductions that would have been available to the partnership are lost on its dissolution
Income Tax Act - Section 32.1 - Subsection 32.1(1) - Paragraph 32.1(1)(a) no s. 32.1(1)(a) deduction for remaining EBP contributions that are assumed by the partners on partnership dissolution and then paid by them
27 January 2004 External T.I. 2003-0047381E5 F Income Tax Act - Section 146 - Subsection 146(1) - Premium interest received by lender to an RRSP in excess of market rate is not a “premium”
Income Tax Regulations - Regulation 4900 - Subsection 4900(1) - Paragraph 4900(1)(j) mortgage interest rate must reflect normal commercial practice
27 January 2004 External T.I. 2003-0048891E5 F Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) - Subparagraph 20(1)(c)(i) indirect-use test not applied where income-producing property used as security for a personal-use loan, notwithstanding that the loan equalled the net capital invested in that property
29 January 2004 External T.I. 2003-0049111E5 F - Retenue d'impôt - Régime visé à l'alinéa 6801d) d Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) no source deductions while amounts are deferred under a Reg. 6801(d) plan
2004-01-30 22 January 2004 External T.I. 2003-0006191E5 F - Frais et montant reçus lors de poursuite Income Tax Act - Section 15 - Subsection 15(1) legal fees paid by corporation in suit by it and its shareholder and his RRSP should be allocated pro rata to them even though the joint incremental costs were minimal
Income Tax Act - Section 54 - Proceeds of Disposition - Paragraph (f) damages received for portfolio mismanagement could be proceeds under para. (f)
Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(i) legal fees for successfully suing broker for portfolio mismanagement would reduce the resulting capital gain on receipt of the damages
20 January 2004 External T.I. 2003-0030291E5 F - Bien agricole admissible Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Farm or Fishing Property s. 110.6(19) election prevented access to the pre-1987 rule
26 January 2004 External T.I. 2003 - 0047961E5 F - Part IV Circularity Income Tax Act - Section 186 - Subsection 186(1) - Paragraph 186(1)(b) waiver of dividend refund does not solve the Pt. IV circularity issue, which is not serious