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Conference summary
18 June 2015 STEP Roundtable Q. 2, 2015-0572091C6 - 2015 STEP Q2 Meaning of Graduated Rate Estates -- summary under Graduated Rate Estate
18 June 2015 STEP Roundtable Q. 2, 2015-0572091C6- 2015 STEP Q2 Meaning of Graduated Rate Estates-- summary under Graduated Rate Estate Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Graduated Rate Estate one estate even if multiple wills (see also summary of initial response at 19 June 2015 STEP Roundtable, oral Q.2(a)) If an estate for a deceased who passed away after 2015 is under administration in its first 36 months, will it be considered a graduated rate estate in its entirety, even if there are two wills. ...
Decision summary
Hill & Anor. v. C. & E. Cmners., [1988] BTC 5139 (QBD) -- summary under Agency
Hill & Anor. v. C. & E. Cmners., [1988] BTC 5139 (QBD)-- summary under Agency Summary Under Tax Topics- General Concepts- Agency A commercial gallery successfully argued that it was selling pottery as agent for some potters, rather than as principal. ...
Technical Interpretation - External summary
15 December 2006 External T.I. 2006-0182471E5 F - Intérêts " explicitement identifiés " -- summary under Paragraph 12(1)(c)
15 December 2006 External T.I. 2006-0182471E5 F- Intérêts " explicitement identifiés "-- summary under Paragraph 12(1)(c) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(c) whether a court order or settlement “explicitly identifies” pre-judgment interest, so as to be taxable, is question of fact Regarding requested clarification of the position in Income Tax Technical News No. 30 that all pre-judgment interest, which is “explicitly identified” as interest in a court order or out-of-court settlement, will be taxed as interest income, CRA stated: [T]he tax treatment of pre-judgment interest explicitly identified as described in your request varies according to the specific terms and conditions of each judgment or out-of-court settlement. ...
Folio Summary
S3-F10-C1 - Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs -- summary under Paragraph (a)
S3-F10-C1- Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs-- summary under Paragraph (a) Summary Under Tax Topics- Income Tax Act- Section 204- Qualified Investment- Paragraph (a) Digital currency and FX contracts excluded 1.12... ... While such a deposit is generally not a qualified investment, the CRA will not apply the adverse income tax consequences described in ¶ 1.69- 1.80 if the deposit is left with the broker for no more than a few days. FX qualifies as money 1.46 Foreign currency is generally a qualified investment, as discussed in ¶ 1.12 [re money]. ...
Folio Summary
S3-F10-C1 - Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs -- summary under Paragraph (d)
S3-F10-C1- Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs-- summary under Paragraph (d) Summary Under Tax Topics- Income Tax Act- Section 204- Qualified Investment- Paragraph (d) Listing must be unconditional 1.20 In a new public issue of securities, the listing of the securities may be delayed for a short period of time pending fulfillment of certain conditions. ... Other FX contracts not qualified 1.46 Foreign currency is generally a qualified investment, as discussed in ¶ 1.12. Foreign exchange contracts that are listed on a designated stock exchange are also qualified investments if the holder’s risk of loss does not exceed the holder’s cost (see ¶ 1.16). ...
Folio Summary
S3-F10-C1 - Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs -- summary under Paragraph 4900(1)(j)
S3-F10-C1- Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs-- summary under Paragraph 4900(1)(j) Summary Under Tax Topics- Income Tax Regulations- Regulation 4900- Subsection 4900(1)- Paragraph 4900(1)(j) Acquisition of real estate on default 1.34 Real or immovable property is not a qualified investment for a registered plan. ... In this case, the CRA will not apply any adverse tax consequences (as described in ¶ 1.69- 1.80) provided the property is offered for sale under reasonable conditions and sold within one year. ...
Folio Summary
S3-F10-C3 - Advantages – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs -- summary under Subparagraph (a)(v)
S3-F10-C3- Advantages – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs-- summary under Subparagraph (a)(v) Summary Under Tax Topics- Income Tax Act- Section 207.01- Subsection 207.01(1)- Advantage- Paragraph (a)- Subparagraph (a)(v) 3.12 Fee waivers, preferential pricing, bonus interest and other promotional incentives offered by financial institutions typically satisfy one or more of the exceptions in (a)(i), (ii) and (v), e.g.: Example 3 A financial institution offers a free tablet to new clients who open a TFSA or RRSP and maintain a minimum account balance of $10,000 for at least six months. ... Example 5 A credit union waives the monthly fee for chequing accounts for customers who have at least five products (RRSPs, RRIFs, RESPs, RDSPs, and TFSAs) with it – there is no specified minimum balance. ...
Folio Summary
S3-F10-C3 - Advantages – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs -- summary under Premium
S3-F10-C3- Advantages – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs-- summary under Premium Summary Under Tax Topics- Income Tax Act- Section 146- Subsection 146(1)- Premium Example 6, para. 3.12 [cash incentive to open RRSP or TFSA account] No s. 207.01 advantage if a financial institution pays $100 in cash directly to the plan of new customers who open an RRSP, RRIF or TFSA and maintain a minimum balance of $50,000 for at least one year, and the incentive can be paid into the plan of the customer's choosing if each plan exceeds the $50,000 minimum. CRA also states that the payments “do not constitute a premium, gift, or contribution to the plan (as they are considered a return on investment).” 3.36-3.37 [dealer reimbursement for deferred redemption charge] Where in order to encourage an investor to switch from another mutual fund company, a dealer will reimburse for any deferred sales charge incurred on the sale of the old funds, the payment of the rebate into the plan will not constitute a premium, gift or contribution to the plan – and will also not constitute an advantage, provided that the rebate is determined in a normal investment context without regard to the tax attributes of the individual’s registered and non-registered account(s). ...
Folio Summary
S3-F10-C1 - Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs -- summary under Paragraph 4900(1)(e)
S3-F10-C1- Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs-- summary under Paragraph 4900(1)(e) Summary Under Tax Topics- Income Tax Regulations- Regulation 4900- Subsection 4900(1)- Paragraph 4900(1)(e) Writing puts and calls not subject to rules 1.40 When writing put and call options..., no property is actually acquired by the option writer at the time the option is sold besides the option premium.... ... As noted in ¶ 1.15, if the deposit is left with the broker for longer than a few days, the deposit would not be a qualified investment.... ...
Folio Summary
S3-F10-C3 - Advantages – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs -- summary under Subparagraph (b)(i)
S3-F10-C3- Advantages – RRSPs, RESPs, RRIFs, RDSPs, FHSAs and TFSAs-- summary under Subparagraph (b)(i) Summary Under Tax Topics- Income Tax Act- Section 207.01- Subsection 207.01(1)- Advantage- Paragraph (b)- Subparagraph (b)(i) 3.22 Example 10 (bid/ask plan strip) Two unrelated individuals effectively transfer all the value in their RRSP to their TFSA by having their TFSA continually buy securities from the other’s RRSP at the bid price and sell them back to the other’s RRSP at the ask price. These would give rise to advantages under (b)(i) and would also be a registered plan strip. 3.36-3.37 [dealer reimbursement for deferred redemption charge] Where in order to encourage an investor to switch from another mutual fund company, a dealer will reimburse for any deferred sales charge incurred on the sale of the old funds, the payment of the rebate into the plan will not constitute a premium, gift or contribution to the plan – and will also not constitute an advantage, provided that the rebate is determined in a normal investment context without regard to the tax attributes of the individual’s registered and non-registered account(s). 3.41 Example 12 (non-pro rata fund rebates) A mutual fund dealer convinces an individual to switch mutual fund companies and agrees to share 40% of the 5% sales commission he will earn on the purchase of the new funds. ...