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10 December 1981 Income Tax Severed Letter RRRR52- Policy — contributors to non-resident trust Unedited CRA Tags 94(1)(b)(i)(B) Policy Decision File Subsection 94(1) Non-resident Trust Clause 94(1)(b)(i)(B) of the Income Tax Act requires that a contributor to a non-resident trust be resident in Canada at any time in the 18-month period before the end of "that year". ... Department's Position "... that year... " referred to in clause 94(1)(b)(i)(B) is the "... taxation year of the trust... " referred to in the first line of paragraph 94(1)(b). ...

17 December 1986 Income Tax Severed Letter 5-2409- [] XXXX G. Kauppinen (613) 957-3495 December 17, 1986 Dear Sirs: This is in reply to your letter dated October 31, 1986 wherein you requested our opinion with respect to subsection 73(5) of the Income Tax Act ("Act") assuming the following: 1. ... The conditions outlined in subparagraphs-12(a), (b) and (c) of Interpretation Bulletin 486 (" IT-486 ") are satisfied. ...

However, we are prepared to offer the following general comments: The phrase described in the first paragraph above, in our opinion, would represent a situation where (i) the SR & ED is carried out by the taxpayer or (ii) where the SR & ED is contracted out by the taxpayer who maintains ownership rights to the SR & ED. ... Paragraph 37(7)(d) of the Act provides an inclusive definition of the term "SR & ED related to a business". It is our view that for SR & ED to be related to a business carried on by a taxpayer, it is necessary to have some interconnection or link between the taxpayer's business and the SR & ED expenditures. ...

12 December 1991 Income Tax Severed Letter 9131378 F- Deferred Salary Leave Plan for Teachers — Six Months Unedited CRA Tags ITR 6801 MINISTER/DM'S OFFICE    YS:  91-8538TCENTRAL RECORDSAUTHORSECTION CHIEFDISTRICT OFFICESUBJECT OR CORPORATE CASE FILERETURN TO RULINGS, ROOM 303, METCALFE BLDG Dear 19(1) I am writing in response to your letter of  November 1, 1991, regarding the representations you have  received from your constituent,  expressed concern about the Department's interpretation of Regulation 6801 of the Income Tax Act as it affects teachers wishing to participate in deferred salary leave plans.  ... I trust my comments will assist you in your reply to your constituent.                           Yours sincerely,                           Otto Jelinek 913137 ...

25 May 1992 Income Tax Severed Letter 9212398- M & P Credits- Nowsco and Halliburton Cases ISSUE SHEET Question 30- Manufacturing and Processing Profits Tax Credits (1991 Canadian Tax Foundation Roundtable) Issue The question asked for Revenue Canada's assessing guidelines for M&P credits in light of the Federal Court of Appeal decisions in Nowsco, 90 DTC 6312 and Halliburton, 90 DTC 6320. ... Tax Conference in September, 1991 and is consistent with the Appeals Decisions # 86-14R and # 90-30, both dated August 17, 1990, pertaining to the Halliburton and Nowsco cases, respectively....cont... ... Prepared by:John Chan May 25, 1992 # 5-921239 Document Disclosed Pursuant to The Access To Information Act Document Divulgué en vertu de la loi sur l'accès à l'information 1 ...

Our Comments In accordance with clauses 37(1)(a)(ii)(A) to (D) of the Act, an entity providing scientific research and experimental development ("SR & ED") funding can qualify for the SR & ED tax incentives by making a payment to any one of the following entities which carry on SR & ED activities in Canada: (A) an approved association; (B) an approved university, college, research institute or other similar institution; (C) a corporation resident in Canada and exempt from tax under paragraph 149(1)(j) of the Act; or (D) a corporation resident in Canada. ... (A) Approved Association In order for any association, whether in existence or proposed to be created, to become an "approved" association, the following requirements must be met: 1. it must have the facilities and personnel capable of carrying out SR & ED; 2. it must carry on only activities that are unquestionably SR & ED; 3. it must satisfy the requirements for non- profit status, such as no personal benefit to members, no control of other associations, satisfactory provisions for distribution of assets upon dissolution, etc.; and 4. the funding of the association must be sufficient to ensure ongoing SR & ED. ... The SR & ED activity may be directly undertaken by or on behalf of the corporation or by an entity described in clause 37(1)(a)(ii)(A) or (B) of the Act; and 5. the amounts to be expended in Canada on SR & ED must not be less than 90% of the corporation's income for the period. ...

25 May 1992 Income Tax Severed Letter 9212395- Manufacturing and processing profits tax credits — Nowsco and Halliburton court cases Unedited CRA Tags 125.1, 127, Reg. ... SUBJECT: M&P CREDITS/NOWSCO & HALLIBURTON CASES SECTION: 125.1, 127, CLASS 29] ISSUE SHEET Question 30- Manufacturing and Processing Profits Tax Credits (1991 Canadian Tax Foundation Roundtable) Issue The question asked for Revenue Canada's assessing guidelines for M&P credits in light of the Federal Court of Appeal decisions in Nowsco, [[1990] 1 C.T.C. 416] 90 DTC 6312 and Halliburton, [[1990] 1 C.T.C. 427] 90 DTC 6320. ... Tax Conference in September, 1991 and is consistent with the Appeals Decisions # 86-14R and # 90-30, both dated August 17, 1990, pertaining to the Halliburton and Nowsco cases, respectively.... cont... ...

7 December 1991 Income Tax Severed Letter- Disability insurance — application of ITAR-19 Unedited CRA Tags ITAR 19 XXX Disability Insurance- Application of ITAR 19 We are writing with respect to your memorandum of December 5, 1991, and the enquiry from Scarborough D.O., wherein our views were requested as to whether or not the benefits the taxpayer will receive in 24(1) (the company) would be taxable in the taxpayer's hands. Our understanding of the facts in this case is as follows: XXX Our Comments General Comments In order for benefits payable under a plan to be totally exempt from income tax under ITAR 19, all of the following conditions must be fulfilled: • the event that gave rise to the disability payments must have occurred prior to 1974, • the plan must have been established prior to June 19, 1971, and • the plan must not be a changed plan except to the extent permitted under ITAR 19(2). ... Specific Comments From our review of the documentation and explanations set out in the D.O. referral, it is our view that: • the event that gave rise to the taxpayer's disability occurred prior to 1974, as discussed in paragraph 3 of IT-428 and as evidenced by the document dated XXX • the plan was established prior to June 19, 1971, and, • the plan is a changed plan as evidenced by the major revision that became effective on XXX In view of the foregoing, it is our view that the benefits to be received under the plan, will be partially exempt from income tax under ITAR 19(1) as discussed in IT-54 generally and paragraph 21 of IT-428, specifically. ...

30 March 1988 Income Tax Severed Letter 5-5293- [] Unedited CRA Tags 95(2)(i) Dear Sirs: We are writing in response to your letter dated December 29, 1987 in which you have asked for the Department's views on the application of paragraph 95(2)(i) to the following hypothetical situation. ... Provided there is clear evidence, at the time of the disposition of the excluded property, that arrangenents are being made for the repayment (with due dispatch) of the "related debt", it is our view that the fact that the actual repayment of the debt occurs after the disposition of the excluded property would not, in and by itself, result it the debt not being considered "... related at all times... ". However if it was determined that other factors (such as cash flow problems, or unfavourable prevailing interest or exchange rates) contributed to the delay in repayment, it is likely that the provisions of paragraph 95(2)(i) would not apply on the repayment of the debt. ...

19 February 1988 Income Tax Severed Letter 8-0141- Appeals & Referrals Division J. Yu Appeals & Referrals Division "Income or Profit Tax" This is in reply to your memorandum dated December 16, 1987 to Mr. ... The following are examples of the income tax consequences in situations where severance taxes are and are not borne by the royalty owner: I Severance Tax Borne by Royalty Owner (e.g., Texas) $110 Royalty Owner's Share of Production (gross royalty) $ 10 Severance Tax Borne by Royalty Owner $ 16.50 15% Withholding on gross royalty $ 16.50 Foreign Tax Credit $110-$10=$100 Subsection 9(1) royalty income II Severance Tax Not Borne by Royalty Owner $110-$10=100 Royalty Owner's Share or Production less severance tax (gross royalty) $15 15% Withholding on Gross Royalty $15 Foreign Tax Credit $100 Subsection 9(1) royalty income We hope our comments will assist you and we herewith enclose your Orange Appeal file. ...