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4 May 1995 Internal T.I. 9509607- PRINCIPAL RESIDENCE EXEMPTION AND CAPTIAL GAINS-- summary under Principal Residence Summary Under Tax Topics- Income Tax Act- Section 54- Principal Residence Detailed discussion of whether the principal residence exemption is available where a client purchases a house located on a lot under ½ hectare in size and later, after obtaining approval for a subdivision, either sells the additional lot, or builds a house on the additional lot and sells it; and in a situation where the client buys a house located on a ¼ acre and also buys the adjacent ¼ acre lot, either at the same or at a subsequent time. ...

16 November 2001 Internal T.I. 2001-0095617 F- ACCORD ECRIT RETROACTIF GARDE D'ENFANTS-- summary under Support Amount Summary Under Tax Topics- Income Tax Act- Section 56.1- Subsection 56.1(4)- Support Amount “agreement” must correspond “to the reality of a situation of shared financial and parental responsibilities and … [be] a valid contract … creating mutual obligations” After finding that a letter signed by the two separated spouses did not constitute an “agreement” for purposes of the “support amount” and “commencement day” definitions, the Directorate went on to state: A written agreement subsequent to an order could, in certain circumstances, be valid for the purposes of applying the terms "commencement day", "support amount" and "child support amount" if such an agreement corresponded to the reality of a situation of shared financial and parental responsibilities and if the agreement was a valid contract between two parties having the effect of creating mutual obligations. ...

It is arguable that the acquisition of the … MRPS is not considered part of the ordinary course of business carried on by [Canco 2], but rather the acquisition may be considered an isolated and special transaction that is not part of a course of conduct that involves repeated dealings of a similar nature. … [I]t is also important to consider whether the arrangement in the current case, at its core, more closely resembles a debt financing arrangement or a capital investment. …[W]e are more inclined to conclude that the arrangement more closely resembles a capital investment. … [Canco 2] is not in the business of lending money to the general public or to any disinterested third parties and the loans it made were limited to its foreign related corporations. All of the proceeds from the issue of the … MRPS were used by Luxco 1 to make loans to … US foreign affiliates for their US operations. … ...

On the facts …, we are of the opinion that the Corporation was entitled to receive the life insurance proceeds in … the year of Individual's death. The capital sum insured … can therefore be considered to be an amount of principal owed to the Corporation … on which the Court awarded interest under article 1619 C.C.Q. ...

(e)(iii) exclusion applied, CRA stated: [T]he wording of the exclusion … allow[s], inter alia, an employee's own vehicle that is used in the course of employment under the conditions set out in that subparagraph, and for which the employee's expenses are not reimbursed by the employee's employer, to be excluded from the definition of automobile …. [T]he exception in subparagraph (e)(iii) … may even apply to a self-employed person who primarily uses the individual’s vehicle at a location described in subparagraphs 6(6)(a)(i) or (ii) …. ...

After finding that the “time the agreement was made” in s. 110(1)(d)(ii)(A) referenced the time of the sending of the Exercise Notice to the Participant, the Directorate went on to state: [T]he fact that the Participants who did not directly or indirectly hold shares in the capital stock of Opco have seen substantially all of their Options expire each year without being able to exercise them, while some of the Participants who directly or indirectly held shares of the capital stock of Opco have been able to exercise substantially all of their Options before they expire, may be an indication that subsection 7(5) would apply …. ... In such a situation, it would be other provisions such as subsections 15(1) or 246(1) that would apply. … To the extent that … some of the Participants received the benefit of the issuance of the Exercise Notices in a capacity other than by virtue of an office or employment, we are of the view that section 7(5) could be invoked. ...

The Directorate responded: [Per] E 2002-0121825 … if the taxpayer provides a written certification from the taxpayer's physician that, in his or her opinion, on the basis of the taxpayer's medical condition, the taxpayer is unable to obtain substantially equivalent medical treatment … the travel expenses would be eligible. … This certificate should state the reasons why the physician is of the opinion that there are no adequate and appropriate medical services in the venue where the patient resides. ...

. … The fact that the wife did not contribute financially towards the purchase of the Home is not necessarily indicative of whether or not she holds a beneficial interest in the property. ... As such … the taxpayer referred to [in s. 45] would typically be the beneficial owner of the property, whether such ownership is jointly held with another person or otherwise. Therefore, if both spouses are considered to have beneficial ownership … they would both be required to file the election …. ...

Thus … the amount of the premium refund … should [not] be included in the employee's income. ...

. … [I]nterest paid to a partner … will generally receive the same tax treatment as management fees or bonuses. ...