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CRA stated: "[A]ny amount paid by the taxpayer before the end of the year for …installing a land drainage system” … includes the cost of drainage pipes, whether plastic or other material, and the cost of installing these pipes. ... Nevertheless, when a taxpayer leases farmland that the taxpayer owns to someone else … "income … from a farming business" … means that an amount is deductible under that provision only by a taxpayer who carries on a farming business and not by a taxpayer who earns rental income. ...

. … On the other hand, if the pastor of your church holds an office or employment, he or she will be required to include in computing income … the value of [the] … lodging … [but] may be eligible for the clergy residence deduction by virtue of paragraph 8(1)(c) if he or she satisfies both of the following conditions: [s. 9(1)(c) conditions summarized]. ...

8 October 2010 Roundtable, 2010-0373241C6 F- Acquisition of Control-- summary under Subsection 256(6.1) Summary Under Tax Topics- Income Tax Act- Section 256- Subsection 256(6.1) purpose is to take into account simultaneous control at the various levels In the course of a non-committal response as to whether there is an acquisition of control of a public company when its shareholders exchange most of their shares for shares of a Newco, CRA responded: [S.] 256(6.1) … is the legislative response to … Parthenon Investments …. ...

9 July 2024 Internal T.I. 2023-0976691I7- Film Tax Credit and Alter Ego Trust-- summary under Ownership Summary Under Tax Topics- General Concepts- Ownership the property of an alter ego trust “belonged” to its sole trustee and life beneficiary rather than to the trust In order for a fee paid to a corporation for the executive producer servicers of an individual employed by the corporation to qualify for the B.C. production services tax credit, there was a requirement (essentially copied from ITA s. 125.4(1) – labour expenditure – (b)(iii) and s. 125.5(1) – Canadian labour expenditure- (b)(iii)) that the shares of the corporation “belong” to a BC-based individual – whereas, here, the shares were held by the individual in his capacity of trustee of an alter ego trust which had been settled by him (to avoid B.C. probate duties) and of which he was the life beneficiary. In finding that this shareholding satisfied the above “belong to” test, rather than the shares belonging to the trust, the Directorate stated: [T]he shares … belong to [the individual] and not the Trust for purposes of the tax credit. ... {Here] … [the individual] has legal ownership of the shares in [the individual’s] role as trustee, and beneficial ownership of the shares as the sole beneficiary who is entitled to the income on the shares while [the individual] is alive …. ...

Consequently … paragraph 87(2)(s) is inapplicable in the case of a triangular amalgamation referred to in subsection 87(9) where the shareholders of the predecessor corporations receive in exchange shares of the parent corporation. … Since … subsection 135.1(10) [thus] cannot have application … on the redemption, acquisition or cancellation of a tax-deferred share of an agricultural cooperative in a triangular amalgamation referred to in subsection 87(9) … for the purpose of subsection 135.1(2), the holder will be required to include the proceeds of disposition of the tax-deferred share that the holder disposed of in the year. ...

CRA noted that Bill C-208 did not contain a coming into force provision, and stated: In cases where an enactment is silent with respect to the particular day it comes into force, subsection 6(2) of the Interpretation Act provides that it is construed as coming into force at the end of the day before the day the enactment received Royal Assent … (June 29, 2021). Regarding the particular question, CRA noted the presumption in Gustavson Drilling [1977] 1 S.C.R. 271 that “statutes are not to be construed as having retrospective operation unless such a construction is expressly or by necessary implication required by the language,” and then stated: Bill C-208 does not contain express language that would require its application to a disposition of shares occurring before the day of Royal Assent and, in our view, the language in Bill C-208 does not require such application by necessary implication. … [T]he amendments to section 84.1 … apply only to dispositions that occur on or after … June 29, 2021 …. ...

After finding that the trust was taxable on the interest income, CRA stated respecting the trust’s reporting requirements: The general requirement for a trust to file a return is provided for in paragraph 150(1)(c) … and [Reg.] 204 …. However, subsection 150(1.1) … provides that the trust is required to file an income tax return pursuant to paragraph 150(1)(c) if tax is payable by the trust …. Furthermore, subsection 204(1) … provides that every person having control of or receiving income, gains or profits in a fiduciary capacity must file a return. ...

. … … [T]he price adjustment clause … reduce[d] the redemption value of the Rollover Preferred Shares from $2,000,000 to $1,000,000…. [S]ubsection 191(4) would not apply … on the basis that no amount was actually and validly designated in respect of each of the Rollover Preferred Shares on the transfer of assets by Pubco to Subco, or on the basis that the amount originally designated in respect of each of those shares would exceed the fair market value of the assets transferred by Pubco to Subco. ...

. … [T]he CRA [will not] accept a late designation if it is for retroactive tax planning purposes, if the designation is part of a tax avoidance scheme, or if it is necessary, in order to give effect to the designation, to issue a … reassessment … [where] the normal reassessment period … has expired. ...

CRA responded: [S.] 256(6.1) … is the legislative response to … Parthenon Investments …. ...