We have translated 6 more CRA severed letters
28 November 2022 - 11:23pm
Email this ContentWe have published a translations of a ruling released by CRA two weeks ago and a further 5 translations of CRA interpretations released in January of 2004. Their descriptors and links appear below.
These are additions to our set of 2,290 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 | 2021 Ruling 2021-0907591R3 F - Post-mortem Pipeline | Income Tax Act - Section 84 - Subsection 84(2) | pipeline transactions (coupled with s. 88(1)(d) bump) for which the deceased had claimed a capital gains deduction |
| Income Tax Act - Section 84.1 - Subsection 84.1(2) - Paragraph 84.1(2)(a.1) - Subparagraph 84.1(2)(a.1)(ii) | promissory notes issued on pipeline limited by previous s. 110.6(2.1) deduction | ||
| 2004-01-23 | 14 January 2004 Internal T.I. 2004-0054711I7 F - Choix en vertu du paragraphe 12(2.2) | Income Tax Act - Section 12 - Subsection 12(2.2) | s. 12(1)(x) assistance included in Year 1 income, then reversed by reassessment when s. 12(2.2) election is made in Year 2 return respecting the related Year 2 expenditure |
| 2004-01-09 | 23 December 2003 External T.I. 2003-0014655 F - article 125.5
Also released under document number 2003-00146550.
|
Income Tax Act - Section 248 - Subsection 248(1) - Taxpayer | province is a “taxpayer” exempt from tax |
| Income Tax Act - Section 125.5 - Subsection 125.5(1) - Eligible production corporation - Paragraph (d) | exclusion under para. (d) applies where there is indirect control by the province | ||
| 18 December 2003 External T.I. 2003-0021195 F - Etablissement Stable en Ontario
Also released under document number 2003-00211950.
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Income Tax Regulations - Regulation 400 - Subsection 400(2) | an office with only incidental functions will not constitute a fixed place of business | |
| Income Tax Regulations - Regulation 400 - Subsection 400(2) - Paragraph 400(2)(b) | Ontario sales office was not a deemed PE since general authority to contract was at the Quebec administrative office | ||
| 15 December 2003 External T.I. 2003-0182855 - Fiducie pour Loi au Quebec
Also released under document number 2003-01828550.
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Income Tax Act - Section 248 - Subsection 248(3) - Paragraph 248(3)(e) | meaning of “a right as a beneficiary in a trust” is found in s. 248(25) | |
| General Concepts - Ownership | sole beneficiary of Quebec trust is the beneficial owner of its property | ||
| Income Tax Act - Section 73 - Subsection 73(1.02) - Paragraph 73(1.02)(b) - Subparagraph 73(1.02)(b)(ii) | no change in beneficial ownership on transfer of property to self-benefit Quebec trust | ||
| Income Tax Act - Section 75 - Subsection 75(2) | policy is for s. 75(2) application not to result in double taxation | ||
| 23 December 2003 External T.I. 2003-0008145 F - TRANSFERT ENTRE EX-CONJOINT
Also released under document number 2003-00081450.
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Income Tax Act - Section 248 - Subsection 248(23) | deemed transfer to spouse before divorce where property was subject to matrimonial regime to which s. 248(3) applied, so that no need to rely on being in settlement of matrimonial rights | |
| Income Tax Act - Section 73 - Subsection 73(1.01) - Paragraph 73(1.01)(b) | property transferred in settlement of rights arising out of marriage also includes property transferred in settlement of rights arising out of a matrimonial regime | ||
| Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) | one-sided adjustments under ss. 69(1)(b) and (a) |