We have translated 5 more CRA severed letters

We have published a translations of a ruling released by CRA last week and a further 4 translations of CRA interpretations released in January of 2004 (or 7 including duplicates with different document numbers assigned by CRA). Their descriptors and links appear below.

These are additions to our set of 2,287 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
2022-11-16 2022 Ruling 2021-0904611R3 F - Corporate reorganization and trust to trust transfer Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (f) para. (f) applicable to transfer of shares for no consideration to new trust for same incapacitated minor beneficiary
Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Trust - Paragraph (g) interests in inter vivos trust were vested indefeasibly in its minor beneficiary with special needs
2004-01-16 7 January 2004 Internal T.I. 2003-0038217 F - gain en capital / résidence principale Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit

rental of second floor of house to son at cost was not a business

Identical to 2003-00382170 F

8 January 2004 External T.I. 2003-0040575 F - Associated Corporations Income Tax Act - Section 256 - Subsection 256(1.2) - Paragraph 256(1.2)(c) rule in s. 256(1.2)(c) references de jure control, not de facto control/ Identical to 2003-00405750 F
7 January 2004 Internal T.I. 2003-0046717 F - MODIFICATION DE PBR INSCRIT SUR T664 Income Tax Act - Section 220 - Subsection 220(3.2)

correction to ACB shown on s. 110.6(19) election did not constitute an amendment to the election

Identical to 2003-00467170

9 January 2004 Internal T.I. 2003-0031601I7 F - Air Miles :employés/employeurs Income Tax Act - Section 69 - Subsection 69(4) s. 69(4) applicable where corporation acquires property with its Air Miles and distributes the property to a shareholder (but not in the case of an arm’s length employee)
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) business air miles assumed to be used before personal air miles
7 January 2004 Internal T.I. 2003-00382170 F - gain en capital / résidence principale Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(c)

no partial change of use of residence where rental operation was not a business, or the business was ancillary

Identical to 2003-0038217 F

8 January 2004 External T.I. 2003-00405750 F - Associated Corporations Income Tax Act - Section 256 - Subsection 256(6) - Paragraph 256(6)(a) cessation of lender’s right to shares on occurrence of reasonably-expected event must be expressly stated in loan terms
Income Tax Act - Section 256 - Subsection 256(1.4) - Paragraph 256(1.4)(a) lender’s right to acquire 99% of shares in event of insolvency engaged s. 256(1.4)(a)
7 January 2004 Internal T.I. 2003-00467170 F - MODIFICATION DE PBR INSCRIT SUR T664 Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(27)

correction of ACB shown on s. 110.6(19) election not an election amendment that must comply with s. 110.6(27)

Identical to 2003-0046717 F