Search - 枣庄市市中区 智博公考 地址 电话

CRA stated: In order to determine whether a building is used for residential purposes- and therefore for purposes that do not qualify for accelerated CCA- … it is necessary to consider the use of the building by its occupants. ... Conversely … a building that is used in the operation of a hotel complex or a building that is more institutional than residential- is generally used for non-residential purposes. …[A] building … for the elderly- whose units … are similar to those of an apartment building- cannot constitute an eligible non-residential building. ...

CRA responded: Subsection 116(5) … imposes a tax liability on a purchaser who acquires any “taxable Canadian property” from a non-resident person. Paragraph 98(1)(c) … does not deem the partnership interest to be disposed to a purchaser. ... Accordingly … subsection 116(5) … will not apply to a cessation of a partnership subject to paragraph 98(1)(c)…. ...

30 October 2008 External T.I. 2006-0198381E5 F- Disposition d'un BUP- application de l'article 42-- summary under Paragraph 42(1)(b) Summary Under Tax Topics- Income Tax Act- Section 42- Subsection 42(1)- Paragraph 42(1)(b) payment of claim re latent defect in principal residence generated a s. 42 capital loss – that was denied by s. 40(2)(g)(iii) In the year following the disposition of the taxpayer’s principal residence, the taxpayer paid an amount to the purchaser of the property following the latter's sending of a formal notice of default relating to latent defects in the property. CRA stated: [T]he amount paid … as compensation for latent defects in the property represents an expense incurred or made as consideration for warranties, covenants or other conditional or contingent obligations under section 42. However, this amount relates to the disposition of … a personal-use property for which a loss is deemed to be nil … by virtue of subparagraph 40(2)(g)(iii). ...

CRA stated: Corporation B's activities are limited to the provision of services on behalf of others as a subcontractor and … the profits earned by Corporation B are not manufacturing and processing profits in Canada. …. However … it is possible that the subcontracting costs paid by Corporation A to Corporation B could be included in the "cost of manufacturing and processing labour" as defined in [Reg.] 5202 …. ...

CRA stated: Corporation B's activities are limited to the provision of services on behalf of others as a subcontractor and … the profits earned by Corporation B are not manufacturing and processing profits in Canada. …. However … it is possible that the subcontracting costs paid by Corporation A to Corporation B could be included in the "cost of manufacturing and processing labour" as defined in [Reg.] 5202 …. ...

CRA responded: Based on … subsection 96(1), the CRA's practice is to treat a partnership as a person and a taxpayer when calculating income at the partnership level under Division B of Part I …. … [A] partnership would generally be considered a "taxpayer" for the purposes of subsections 51(1), 85.1(1) and 86(1) and would therefore be entitled to rely on the rules contained therein …. ...

CRA responded: Based on … subsection 96(1), the CRA's practice is to treat a partnership as a person and a taxpayer when calculating income at the partnership level under Division B of Part I …. … [A] partnership would generally be considered a "taxpayer" for the purposes of subsections 51(1), 85.1(1) and 86(1) and would therefore be entitled to rely on the rules contained therein …. ...

30 January 2006 External T.I. 2005-0159331E5- Long term disability lump sum payments-- summary under Paragraph 6(1)(f) Summary Under Tax Topics- Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(f) lump sum in lieu of future benefits under employee disability plan is non-taxable In response to a query as to CRA’s position regarding the taxability of lump sum payments of long-term disability benefits that do not represent arrears, it stated: On the basis of … Tsiaprailis … taxable amounts under paragraph 6(1)(f) … include lump sum settlements that are attributable to disability payments in arrears and accruing to the date of the settlement. However, where an individual receives a lump sum payment in lieu of future benefits that would have been otherwise paid under an employer long-term disability plan, in circumstances such that the payment can reasonably be considered to be proceeds of disposition of an interest in an insurance policy, it is our view that the proceeds are not taxable under paragraph 6(1)(f) of the Act or as a capital gain pursuant to subparagraph 39(1)(a)(iii) …. ...

For example, in subsection 74.1(1), Parliament wrote "...the income or loss … of that person for a taxation year from the property or from property substituted therefor.....". … Furthermore … the definition of substituted property in subsection 248(5) … [only] applies to provisions of the Act that contain the words "substituted property". ...

CCRA noted that “it is the net loss or income determined under the Act that is … attributed” pursuant to s. 74.1(1), so that “the interest expense paid by Ms. A … will be taken into account in determining the loss or income to be attributed to her spouse … pursuant to subsection 74.1(1)” – but that s. 245(1) might be determined to apply. ...