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13 October 2011 External T.I. 2010-0382441E5 F- RSG- Employé / travailleur autonome-- summary under Subsection 5(1) Summary Under Tax Topics- Income Tax Act- Section 5- Subsection 5(1) home childcare providers were self-employed given relative autonomy Recognized home childcare providers ("RHCPs") provide child care from their homes. ... In finding that RHCPs are self-employed rather than employees CRA first noted the Grimard decision, (2009 FCA 47), which referenced the primary test of subordination, but also stated: … In determining legal subordination, that is to say, the control over work that is required under Quebec civil law for a contract of employment to exist, a court does not err in taking into consideration as indicators of supervision the other criteria used under the common law, that is to say, the ownership of the tools, the chance of profit, the risk of loss, and integration into the business. ... The same is true of the Quebec government. … The current legislation provides a regulatory framework and does not allow COs to exercise control over RHCPs. … We understand that RHCPs must provide educational child care (the choice of activities is theirs) while ensuring children in their care with continual protection. ...

23 January 2015 External T.I. 2013-0509771E5- Oil & gas payments made to U.S. resident-- summary under Subparagraph 115(1)(a)(iii.1) Summary Under Tax Topics- Income Tax Act- Section 115- Subsection 115(1)- Paragraph 115(1)(a)- Subparagraph 115(1)(a)(iii.1) negative CCDE pool for non-resident individual Mr. A, a U.S. resident, grants the right to drill for or take the oil & gas from his Canadian freehold property to a Canadian company, in consideration for an upfront bonus of $100,000, and annual royalties payable out of any oil & gas production. ...

23 January 2015 External T.I. 2013-0509771E5- Oil & gas payments made to U.S. resident-- summary under Article 6 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 6 negative CCDE gain from grant of oil and gas royalty not exempt under US Treaty Mr. A, a U.S. resident, grants the right to drill for or take the oil & gas from his Canadian freehold property to a Canadian company, in consideration for an upfront bonus of $100,000, and annual royalties payable out of any oil & gas production. ...

17 July 2013 External T.I. 2012-0473261E5 F- Actif d'impôts futurs / Future income tax assets-- summary under Small Business Corporation Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Small Business Corporation tax receivable arising from carryback of NCL is active business asset cf. future tax asset Is a future income tax asset an asset that is used principally in an active business carried on in Canada for purposes of the "qualified small business corporation share" ("QSBCS") and "small business corporation" ("SBC") definitions? After indicating that there was "no significant difference" between the terms "future income tax assets" and "deferred tax assets" used in Chapter 3465 of Part II of the CICA Handbook, and in IAS 12, respectively, CRA stated (TaxInterpretations translation): [A] future income tax asset is not an asset for purposes of the definition of QSBCS and of SBC. … However, when a future income tax asset becomes a tax receivable, such tax receivable must be considered as an asset for determining if a share is a QSBCS or a corporation is a SBC. ... For example … a tax receivable resulting from the carryback of a loss from an active business is an asset used primarily in the business carried on by the corporation.... ...

.- General answer for Delaware/Florida Working Group Submissions / Questions-- summary under Section 96 Summary Under Tax Topics- Income Tax Act- Section 96 CRA elaborates on its grandfathering of LLPs and LLLPs At the 2017 IFA Roundtable, CRA announced that it will allow Delaware & Florida LLPs and LLLPs formed before April 26, 2017 to continue filing as partnerships, provided none of the following applies: The entity or one or more of its members takes inconsistent positions for a taxation year, or from one to another, as between partnership and corporate treatment; There is a significant change in its membership or activities; or It facilitates abusive tax avoidance. ... The fact that an LLC was converted before April 26, 2017 to a Delaware & Florida LLP or LLLP would not prevent it from accessing the grandfathering relief. ...

.- General answer for Delaware/Florida Working Group Submissions / Questions-- summary under Corporation Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Corporation CRA elaborates on its grandfathering of LLPs and LLLPs At the 2017 IFA Roundtable, CRA announced that it will allow Delaware & Florida LLPs and LLLPs formed before April 26, 2017 to continue filing as partnerships, provided that three requirements are satisfied. ... The fact that an LLC was converted before April 26, 2017 to a Delaware & Florida LLP or LLLP would not prevent it from accessing the grandfathering relief. ...

11 October 2017 External T.I. 2016-0660421E5- Foreign tax credit – former resident-- summary under Subsection 126(2.21) Summary Under Tax Topics- Income Tax Act- Section 126- Subsection 126(2.21) waiver cannot be used to extend period in which foreign tax must be triggered Where an individual, who had been resident in Canada for over five years, realized a capital gain from the deemed disposition of non-Canadian real property under s. 128.1(4)(b) on emigrating from Canada, he would be potentially eligible under s. 126(2.21) to claim a Canadian foreign tax credit for foreign taxes that become payable on the gain that accrued in Canada, provided that this credit is assessed within the extended reassessment period of six years following the emigration year. ... CRA stated: [I]f any of the circumstances to support the deduction under subsection 126(2.21) … (e.g., disposition of the property and/or foreign taxes paid) are present within the statutory assessment period referred to in paragraph 152(4)(b) … it may be appropriate for the Minister to consider a taxpayer’s waiver request for the emigration year to allow the Minister sufficient time to review and process any potential reassessment for this deduction beyond the aforementioned reassessment period. ...

22 February 2022 External T.I. 2022-0922921E5- CEWS, THRP, & HHBRP-- summary under Subsection 125.7(2.01) Summary Under Tax Topics- Income Tax Act- Section 125.7- Subsection 125.7(2.01) definitions of “company,” “publicly traded company,” and “subsidiary” CRA indicating regarding the interpretation of s. 125.7(2.01): “Taxable dividends” include taxable dividends that are deemed dividends. ... A “publicly traded company” is “a company the shares … of which are listed or traded on a stock exchange or other public market” and “would include [such] a non-resident company.” ... A “subsidiary” is “generally understood to be a corporation that is controlled by another corporation either directly or indirectly through one or more intermediary corporations [referencing s. 2(5) of the CBCA]” … and CRA “would consider a subsidiary of a publicly traded company to be a corporation over which the publicly traded corporation exercises de jure control either directly or indirectly.” ...

23 January 2023 External T.I. 2020-0865161E5 F- SSUC/CEWS – Sous-alinéa 125.7(4)e)(i) et personne-- summary under Paragraph 125.7(4)(e) Summary Under Tax Topics- Income Tax Act- Section 125.7- Subsection 125.7(4)- Paragraph 125.7(4)(e) electing taxpayer can receive amounts through third party where receipt on its behalf is established by agreement or statute Regarding the time at which an amount is regarded as received by an eligible entity which has made an election under s. 125.7(4)(e)(i) to use the cash method in determining its qualifying revenues for CEWS purposes, where the amount is received by a third party before being paid to the eligible entity, CRA stated: IT-433R … states [in subpara. 3(a)] that the meaning of the term "received" is broad enough to consider a taxpayer to have received an amount at the time that inter alia it was received by a person authorized to receive it on behalf of the taxpayer. … [A] person entitled to receive an amount on behalf of a taxpayer for CEWS purposes may include a person who is entitled to receive the amount for a taxpayer by inter alia an agreement or by statute. ...

11 October 2017 External T.I. 2016-0660421E5- Foreign tax credit – former resident-- summary under Subparagraph 152(4)(b)(i) Summary Under Tax Topics- Income Tax Act- Section 152- Subsection 152(4)- Paragraph 152(4)(b)- Subparagraph 152(4)(b)(i) waivers generally cannot be used to extend the 6-year period for claiming a FTC under s. 126(2.21) The taxpayer, who had been resident in Canada for over five years, realized a capital gain from the deemed disposition of real property situated outside Canada under s. 128.1(4)(b) on emigrating from Canada. ... After noting that “an assessment to take into account a foreign tax credit under subsection 126(2.21) … in respect of foreign taxes paid is permitted only where the assessment is made within 3 years after the normal reassessment period,” CRA stated: [A] blanket waiver request without sufficient details of a transaction would likely not be considered valid. …[I]f any of the circumstances to support the deduction under subsection 126(2.21) of the Act (e.g., disposition of the property and/or foreign taxes paid) are present within the statutory assessment period referred to in paragraph 152(4)(b) …, it may be appropriate for the Minister to consider a taxpayer’s waiver request for the emigration year to allow the Minister sufficient time to review and process any potential reassessment for this deduction beyond the aforementioned reassessment period. ...