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12 September 1989 Administrative Letter F3186 F- Information Circular 73-21R7: Away-from-home Expenses Unedited CRA Tags 67.1, 8(1)(h), 8(10)   September 12, 1989 Examination Division Current Amendments and   Regulations Division Attention:  S. ... We hope our suggestions will assist you in making further clarifications. 2.       ... Taxpayers using this circular may be looking for guidance on this matter. 3.       ...

The specific case that has prompted the enquiry is that of an individual who is 24(1) Our understanding of the rules, as explained in your telephone conversations, governing the payment of benefits is as follows: Entitlement 1)     An individual's entitlement to a benefit is determined only upon receipt of an application for such benefits. 2)     Once approved as having met the criteria for entitlement, the individual's retroactive period of entitlement is determined. 3)     C.P.P. legislation provides that an individual who is otherwise entitled, may receive benefits retroactively up to one year prior to the date of the application. 4)     The retroactive period for old Age Security benefits extends to five years prior to the date of application. 5)     The initial payment of benefits includes an amount in respect of a retroactive entitlement, and subsequent payments reflect his normal monthly entitlement. Cancellation 6)     Cessation of benefit payments is normally triggered by receipt of notification of the death of the recipient. 7)     Occasionally, H & W will receive a request for cancellation of benefit payments for other reasons, in which event the individual's entitlement to further benefits ceases immediately, Suspension 8)     Although there is no legislation which either authorizes or prohibits suspension of benefits payments at the request of the recipient it is your Department's policy to accede to such a request. 9)     Normally, such requests are motivated by a concern that, in a case for example, where an individual temporarily resides in another part of the world where postal service is not reliable, benefit payments may be lost. 10)     Where payments have been suspended, the individual's regular monthly entitlement is diverted to an account bearing the individual's name. 11)     The individual's regular monthly entitlement accumulates in his "account" without interest, until such time as he requests the release of the account and the payment of accrued benefits. Tax Treatment 12)     At the present time, annual information slips for tax purposes reflect the amount of benefit payments actually made in the taxation year i.e. cheques issued. 13)     In the case of the requested release of a suspended account the amount of the lump sum payment is being reflected on the information slip for the year in which the cheque is issued regardless of the period to which the payment relates. ...

20 September 1990 Administrative Letter 901296 F- Corporate-owned Personal-use Real Estate Unedited CRA Tags 15(1), 85(1) 24(1) 901296   L.A. ... The six conditions, all of which must be satisfied in order for the exception to apply, are restated as follows: 1.     the corporation's only objective is the holding of property for the personal use of enjoyment of the shareholder; 2.      ...

" And from Plan A Leasing v MNR 76 DTC 6159 (FCTD) at 6164:      "In law, the title of the lands and the title to the buildings on such lands can be conveyed separately when parties have made a special contract to do so. ... " However, some doubt has been cast on this view in MNR v Mount Robson Motor Inn Limited 81 DTC 5188 (FCA) at 5190:      "When chattels are physically attached to land they may either retain their identity and remain chattels or become part of the land, in which case they are called fixtures. As fixtures are really part of the land, once attached to the land, they become property of the owner of the land; and this is true, as long as the articles remain attached to the land, whether or not the person who affixed them to the land has retained power to sever and remove them.       ...

However, a shareholder benefit will not normally be assessed where all of the following conditions are met:      (i)  The corporation's only objective is the holding of property for the personal use or enjoyment of the shareholder.      (ii)  The shares of the corporation are held by an individual or an individual and persons (other than a corporation) related to an individual.      (iii)  The only transactions of the corporation relate to its objective of holding property for the personal use or enjoyment of the shareholder.       ...

In order for the subparagraph 212(b)(vii) exemption to apply, the person making an interest payment must a)     be a corporation resident in Canada; b)     deal at arm's length with the non-resident recipient of the payment; and c)     be the corporation that issued the debt obligation. ... Sale and Return of Debt The second question relates to the following hypothetical situation:      As part of a securities lending arrangement, a Canadian resident sells a qualified debt security to an arm's length non-resident in exchange for $100. ... We also refer to Olympia & York Developments Ltd. v The Queen, 80 DTC 6184(FCTD), at p. 6193. ...

29 August 1990 Administrative Letter 901806 F- Associated Corporations Unedited CRA Tags 89(1) private corporation, 125(2), 125(3), 127, 125(7)Canadian-controlled private corporation, 256 24(1) 901806   S. ... For the purpose of this letter: (i)     a "Small Business Equity Corporation" ("SBEC") is a corporation registered as such under the SBEC Act; (ii)     an "equity share" has the meaning assigned under paragraph 1(g) of the SBEC Act, and basically, is a share of a class of shares of a corporation carrying voting rights under all circumstances; (iii)     an "eligible investment" is defined in subsection 11(2) of the SBEC Act, and basically, is an investment in the equity shares of a small business defined under subsection 11(1) of the SBEC Act.  ... We would be of the same view even though the preference shares were non-voting. 2(a)     We agree that an investee would not be subject to the provisions of subsections 125(2) and (3) of the Act provided  that an SBEC that is a CCPC made a valid election referred to in subsection 256(2) of the Act.    ...

Harding   (613) 957-3499 October 3, 1989 Dear Sirs: Re:  Technical Interpretation Subsection 70(6.2) of the Income Tax Act (the "Act") This is in reply to your letter of June 2, 1989, in respect of the above noted topic as it relates to the following situation: 1.      ... Pursuant to her Will, she bequeaths her interest in land and an "Adjacent building" to her spouse, B. 2.      ... You requested a technical interpretation as to whether: a)     Upon the election by A's executors pursuant to subsection 70(6.2) an undivided 10% interest in the land may be transferred at its fair market value; b)     Subsection 70(6) of the Act will not apply to the transfer of that portion of the land; and c)     Subsection 70(6) will apply to the transfer of a 90% interest in the land and a 100% interest in the "adjacent building". ...

However, we may offer the following general comments. 1.     The percentage mentioned in subparagraph 6801 (a)(ii) of the Regulations is to be applied to gross earnings (salary or wages). 2.      ... Since the Regulations are very specific on this subject, 24(1) 3.     It is our opinion that the provisions of subparagraph 6801(a)(iii) of the Regulations would not be contravened where the inclusion of an interest element in instalment payments is make to a participant of a plan during his leave of absence 24(1) 4.     24(1) The Plan must not permit voluntary withdrawals since this may indicate that one of the main purposes of the Plan is to defer taxes rather than permit employees to fund a leave of absence. 5.      ...

20 October 1989 Administrative Letter 74266 F- Control by a Significant Shareholder Unedited CRA Tags 256(5.1)   October 20, 1989 Stella M. ... Richardson File No. 7-4266 Subject:  Determination of Whether Significant Shareholders Control a Company File # HAU 8224-3-(d) HAU 8199-9 This memorandum is in response to yours, dated August 21, 1989 with respect to the above referenced subject matter.  In particular, you have requested our opinion on (a)     the applicability of subsection 256(5.1) of the Income Tax Act (the Act) to paragraph 8(d) of Information Circular 72-13R8 (the IC); (b)     the administrative rules that you have been using to date to determine whether a significant shareholder controls a company; and (c)     whether we agree with you that the shareholder in the following situation controls Co. ...