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19 February 1988 Income Tax Severed Letter 8-0141- Appeals & Referrals Division J. Yu Appeals & Referrals Division "Income or Profit Tax" This is in reply to your memorandum dated December 16, 1987 to Mr. ... The following are examples of the income tax consequences in situations where severance taxes are and are not borne by the royalty owner: I Severance Tax Borne by Royalty Owner (e.g., Texas) $110 Royalty Owner's Share of Production (gross royalty) $ 10 Severance Tax Borne by Royalty Owner $ 16.50 15% Withholding on gross royalty $ 16.50 Foreign Tax Credit $110-$10=$100 Subsection 9(1) royalty income II Severance Tax Not Borne by Royalty Owner $110-$10=100 Royalty Owner's Share or Production less severance tax (gross royalty) $15 15% Withholding on Gross Royalty $15 Foreign Tax Credit $100 Subsection 9(1) royalty income We hope our comments will assist you and we herewith enclose your Orange Appeal file. ...

7 December 1993 Income Tax Severed Letter 9333340- PE & Employee-employer Relationship Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the Department. ... DRAFT Tax Executive Institute December 7, 1993 Question No. 8 PERMANENT ESTABLISHMENT ISSUES — CROSS BORDER MANAGEMENT SERVICES With the increase in cross-border activity generally and the increasing integration of the Canadian and U.S. operations in particular, there is also increased sharing of human resources between the parent and subsidiary company. ... V & XV of the U.S. Convention and Art. 5 & 15 of OECD Model-Sections 115(1), 248(1) & 253 ...

Liverpool & London & and Globe has been followed by the Supreme Court of Canada in Anderson Logging and the Federal Court of Appeal in The Queen v. Marsh & McLennan Ltd., [[1983] C.T.C. 231] 83 D.T.C. 5180. 5. In Brown v. ... Canada Permanent- Significant Features • the taxpayer's share transactions were infrequent; • many of the shares had been acquired over a period of years by the taxpayer as part of the assets of smaller businesses which it purchased; • the shares were held for long periods of time, i.e. between 10 and 33 years; • all the shares earned dividends; • it was a blue chip stock portfolio; • the taxpayer took no outside market advice; • none of the shares were sold to meet depositors' claims; • shareholders' funds rather than borrowings were used to purchase the share portfolio; • the shares were sold to finance a program of expansion and because the taxpayer was caught in an interest rate squeeze. ...

12 December 1991 Income Tax Severed Letter 913289A F- Canada – Switzerland Income Tax Convention Unedited CRA Tags Treaty Switzerland Article 5, Paragraph 3 Canada – Switzerland Tax Convention Article V, Paragraph 3            This is in reply to your memos dated November 28 and December 3, 1991 regarding the above matter.  ... Paragraph 3 of Article XV of the Canada – Switzerland Tax Convention (the "Convention") states that, notwithstanding the preceding provisions of that Article (Dependent Personal Services), remuneration in respect of an employment exercised aboard an aircraft operated in international traffic by an enterprise of a Contracting State, shall be taxable only in that State. ...

10 July 1980 Income Tax Severed Letter 5-1027 F- [] Unedited CRA Tags 95(2)(a)(ii), Reg. 5907(11), 5907(11)a)(i) Dear Sirs: RE:     Taxable Surplus and Subparagraph 95(2)(a)(ii)of the Income Tax Act (the Act) This is in reply to your letter of December 11, 1970 requesting our views on the application of subparagraph 95(2)(a)(ii) of the Act. ...

However, we are prepared to offer the following general comments: The phrase described in the first paragraph above, in our opinion, would represent a situation where (i) the SR & ED is carried out by the taxpayer or (ii) where the SR & ED is contracted out by the taxpayer who maintains ownership rights to the SR & ED. ... Paragraph 37(7)(d) of the Act provides an inclusive definition of the term "SR & ED related to a business". It is our view that for SR & ED to be related to a business carried on by a taxpayer, it is necessary to have some interconnection or link between the taxpayer's business and the SR & ED expenditures. ...

23 February 1989 Income Tax Severed Letter 5-7388- [Scientific Research and Experimental Development ("SR & ED")] Revenu Canada Taxation Head Office XXX R. Albert (613) 957-2098 FEB 23 1989 Dear Sirs: Re: Scientific Research and Experimental Development ("SR & ED") We are responding to your letter of January 5, 1989 wherein you requested a technical interpretation relating to SR & ED expenditures and corresponding investment tax credits ("I.T.C. ... Accordingly, these recent amendments to the Act effectively deny to limited partners any losses of a partnership resulting from SR & ED expenditures and any I.T.C. relating to SR & ED expenditures. ...

7 December 1991 Income Tax Severed Letter- Disability insurance — application of ITAR-19 Unedited CRA Tags ITAR 19 XXX Disability Insurance- Application of ITAR 19 We are writing with respect to your memorandum of December 5, 1991, and the enquiry from Scarborough D.O., wherein our views were requested as to whether or not the benefits the taxpayer will receive in 24(1) (the company) would be taxable in the taxpayer's hands. Our understanding of the facts in this case is as follows: XXX Our Comments General Comments In order for benefits payable under a plan to be totally exempt from income tax under ITAR 19, all of the following conditions must be fulfilled: • the event that gave rise to the disability payments must have occurred prior to 1974, • the plan must have been established prior to June 19, 1971, and • the plan must not be a changed plan except to the extent permitted under ITAR 19(2). ... Specific Comments From our review of the documentation and explanations set out in the D.O. referral, it is our view that: • the event that gave rise to the taxpayer's disability occurred prior to 1974, as discussed in paragraph 3 of IT-428 and as evidenced by the document dated XXX • the plan was established prior to June 19, 1971, and, • the plan is a changed plan as evidenced by the major revision that became effective on XXX In view of the foregoing, it is our view that the benefits to be received under the plan, will be partially exempt from income tax under ITAR 19(1) as discussed in IT-54 generally and paragraph 21 of IT-428, specifically. ...

Our Comments In accordance with clauses 37(1)(a)(ii)(A) to (D) of the Act, an entity providing scientific research and experimental development ("SR & ED") funding can qualify for the SR & ED tax incentives by making a payment to any one of the following entities which carry on SR & ED activities in Canada: (A) an approved association; (B) an approved university, college, research institute or other similar institution; (C) a corporation resident in Canada and exempt from tax under paragraph 149(1)(j) of the Act; or (D) a corporation resident in Canada. ... (A) Approved Association In order for any association, whether in existence or proposed to be created, to become an "approved" association, the following requirements must be met: 1. it must have the facilities and personnel capable of carrying out SR & ED; 2. it must carry on only activities that are unquestionably SR & ED; 3. it must satisfy the requirements for non- profit status, such as no personal benefit to members, no control of other associations, satisfactory provisions for distribution of assets upon dissolution, etc.; and 4. the funding of the association must be sufficient to ensure ongoing SR & ED. ... The SR & ED activity may be directly undertaken by or on behalf of the corporation or by an entity described in clause 37(1)(a)(ii)(A) or (B) of the Act; and 5. the amounts to be expended in Canada on SR & ED must not be less than 90% of the corporation's income for the period. ...

18 December 1989 Income Tax Severed Letter AC74225- SR & ED Qualifying Expenditures W.A. ... Our interpretation of those requirements is as follows: a) Clause (A) includes an expenditure which is incurred for and all or substantially all of which is attributable to the prosecution, or to the provision of premises, facilities equipment for the prosecution, of SR & ED in Canada: Paragraph 37(7)(b) of the Act defines SR & ED as having the meaning given by subsection 2900(1) of the Regulations. ... Thus to qualify under clause (A) an expenditure must be both incurred for and 90% or more attributable to SR & ED as defined in subsection 2900(1) of the Regulations. ...