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. … Consequently … SENC could elect, under subsection 1103(1), to include in Class 1 of Schedule II, the properties in Classes 8 and 10, but could not include those covered by the election under subsection 1101(5b.1). ...

28 February 2001 External T.I. 2000-0016765 F- All or substantially all-- summary under Section 54.2 Summary Under Tax Topics- Income Tax Act- Section 54.2 CRA is prepared to issue rulings on the application of the all or substantially all test in s. 54.2, which is not necessarily a 90% of FMV test Regarding the meaning of the expressions “all or substantially all the assets used in an active business” in ss. 110.6(14)(f)(ii)(A) and 54.2, CCRA stated: FMV is generally the best measure for calculating “all or substantially all of the assets” of a business for the purposes of those provisions …. However … other units of measurement could apply since those provisions of the Act do not state any particular unit of measurement that must be used. ...

23 December 2003 External T.I. 2003-0014655 F- article 125.5-- summary under Taxpayer Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Taxpayer province is a “taxpayer” exempt from tax In finding that the exclusion from “eligible production corporation” status where the corporation was “controlled directly or indirectly in any manner whatever by one or more persons all or part of whose taxable income is exempt from tax under [Part I]” applied to control (through another corporation) by the province, CCRA stated: … Braithwaite, 70 DTC 6001 … stated: “Her Majesty is just as capable … of being a "person taxable" as is an ordinary person … as is evidenced by the fact that there are various federal statutes that do impose direct and indirect taxes on Her Majesty in one way or another.” … We believe that Her Majesty in right of a province is a person and a taxpayer for the purposes of the Act. … [T]he exemption from tax under Part I of the Act referred to in paragraph (d) of the definition … refers not only to persons whose taxable income is exempt because of section 149 but also to persons whose taxable income is exempt because of, inter alia, the immunity from tax enjoyed by certain persons such as Her Majesty in right of a province. ...

Thus … the application of these provisions is likely to result in double taxation for the taxpayer for any taxation year in which subsection 75(2) applies or for a taxation year subsequent thereto, on the disposition of all or part of the taxpayer's capital interest or under subsection 40(3). [However] … IT-369R [, para. 10, provides] that income subject to the application of subsection 75(2) is not otherwise included in the income of a beneficiary or trust, as the case may be. … [T]he CRA could extend this position so that no reduction to the ACB of a beneficiary's capital interest would be made by virtue of subparagraph 53(2)(h)(i.1). ...

" After stating that "Parliament's specific requirement that an amount become owing after March 28, 2012, as set out in paragraph 15(2.11)(b), in order for the amount to qualify for PLOI treatment must be respected," CRA responded: [I]f a pre-March 28, 2012, debt is replaced with a newer debt of the same or substantially similar amount, the transactions may constitute a series of loans or other transactions as discussed in ¶ 28 of IT-119R4 … However, as discussed in ¶ 29 of IT-119R4... all of the relevant factors would need to be considered to determine whether a series of loans or other transactions and repayments existed and bona fide repayments would not be seen as part of a series of loans or other transactions and repayments. ...

X commences to use his condominium exclusively for personal purposes, would he be able to use the s. 45(3) election to defer the taxation of the capital gain until the actual sale of his property if he designates the condominium as his principal residence – and would the answer change if Mr. ... However … where Mr. X … used the property entirely for the purpose of earning income and … at a later time began to use it exclusively for personal purposes … the taxpayer would be able to rely on the subsection 45(3) election if subsection 45(4) does not apply and the condominium becomes the taxpayer's "principal residence" …. ...

In finding that the Allowance might in fact be a reimbursement, in which case, it likely would be non-taxable, CRA stated: [E]ven if the employer uses the term "allowance" to refer to the payment made to an employee, it is possible that … the allowance may be a reimbursement of expenses. Consequently, if … the Allowance is, for example, based on an estimate of the travel and accommodation costs that the Employee will incur during the training period, or that Mr. A must show the Employer how the Allowance was spent, then it may be that the Allowance is more of an expense reimbursement and not a taxable allowance pursuant to paragraph 6(1)(b). … [G]iven that … the training appears to be primarily for the benefit of the Employer, the $15,500 Allowance may be non-taxable to Mr. ...

. … Since … the Royalty payments will not be remitted to or received in the UK and accordingly are not taxable in the UK, X will not be entitled to the benefits of Article 12(2) …. ...

CRA responded: [P]aragraph (c) … will … be satisfied since the related business (i.e. the business carried on by Partnership AB) will also constitute the business of the Partnercos. ... B other than a business of the Partnercos. … Under the assumption that the conditions in paragraphs (a) and (b) of the excluded shares definition are also satisfied, the shares held by Mrs. ...

Therefore … the Individual would be considered to have received the benefit (i.e., the Commuted Value) in the year of the Transfer and would be required to include the amount of the benefit in income under subparagraph 56(1)(a)(i). … Furthermore … even if the constructive receipt doctrine were found not to apply, subsection 56(2) would apply to include the Commuted Value in the Individual’s income under subparagraph 56(1)(a)(i) in the year of the Transfer. ...