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After indicating that the employer likely would not have a deemed permanent establishment in Ontario by virtue of this arrangement unless the employer was carrying on business in Ontario through the cottage, CRA went on to state: Even if the CRA were to conclude that … Mr. ... X's remuneration. … [T]he deeming rules in I.T.R. subsection 400(2) … do not … extend to I.T.R. sections 100 and 102, which are relevant to determining whether an employee reports for work at an establishment of the employee’s employer located in a particular province, as well as in determining the amounts to be deducted or withheld by the employer from the employee's remuneration. ...

In the situation where FA1 was required to compute its income (pursuant to Reg. 5907(1) – earnings – (a)(iii)) under Part I of the Act, CRA indicated that the interest was deductible under s. 20(1)(c) “because the borrowed funds replaced capital that…had been used by FA1 for the purpose of earning income from an active business,” whereas in the situation where the earnings were computed pursuant to (a)(i) or (iii) of the earnings definition under local tax law and the interest was non-deductible under such law, CRA simply stated that the interest would be deductible under Reg. 5907(2)(j). ...

. … S4-F15-C1 … lists the following activities in the oil and gas context that are [excluded]: operating an oil or gas well or extracting petroleum or natural gas from a natural accumulation of petroleum or natural gas; processing natural gas as part of the business of selling or distributing gas in the course of operating a public utility; processing heavy crude oil recovered from a natural reservoir in Canada to a stage that is not beyond the crude oil stage or its equivalent; and “Canadian field processing” as defined in subsection 248(1). ...

In determining whether a taxpayer or a partnership has made or obtained records or documents that provide a description that is complete and accurate in all material respects of the items listed in subparagraphs 247(4)(a)(i) to (vi), the CRA will continue to rely on the guidance found in the … TPM-09 …. ...

The indefeasible vesting exception to such deemed dispositions in s. 108 – trust – (g) did not apply because of the exclusion for spousal trusts in (g)(i) thereof. ...

In this regard, CRA stated: Where an employer does not reimburse an employee for employment-related electricity costs paid by the employee and the employment-related electricity costs can be established, the costs may be deducted by the employee as motor vehicle travel expenses if all of the conditions in paragraph 8(1)(h.1) … are met …: was normally required to carry out his or her employment duties away from the employer’s place of business (or in different places); was required by the contract of employment to pay such expenses; and did not receive a non-taxable allowance or reimbursement in respect of the motor vehicle expenses. …[S]ubsection 8(10) … requires the employee to obtain a completed and signed Form T2200 … ...

Is the capital loss as computed before the application of s. 40(3.6) attributed to X or to the protective trust, and is it added to the ACB of the trust's or X's shares – and would the answers change if all the shares were held by the trust? CRA responded (TaxInterpretations translation): … 5(a) … Subsection 108(5) does not have the effect of modifying the application of subsection 75(2). In our view, the net rental income from the lease of the real property transferred to the trust...preserves its nature and the transferee must include this net rental income in his or her return of income. … For purposes of calculating the "RRSP deduction limit" of the person subject to subsection 75(2) …the income from the rental property…is included in his or her "earned income"…. … 5(b) …A loss deemed to be nil under paragraph 40(3.6)(a)(i) cannot be attributed to anyone. ...

After discussing the s. 104(27) designation to preserve the character of such payment as being out of the RPP, CRA stated: Subsection 103(4) of the … ITR … provides for the withholding rates that apply where a payment is made in the form of a "lump sum payment" by an "employer" to an "employee". ...

CRA went on to note that it had not considered whether s. 248(1) – “disposition” – (f) or s. 107.4(3) could accord rollover treatment. ...

The corporation no longer needs the policy on the executive’s retirement, and it transfers the policy to him for no consideration at a time when the particulars are: Death benefit $1,000,000 Cash surrender value $ 125,000 Adjusted cost basis $ 50,000 Fair market value $ 125,000 Without being queried on this issue, CRA stated: Although there are certain exceptions in the "advantage" definition, a benefit arising from the RCA holding a life insurance policy is not among them. ...