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As well, pursuant to paragraph 7(1.3)(a), "a taxpayer holding both deferral and non-deferral securities is considered to dispose of the non-deferral securities first.” … Depending on the circumstances, the application of the presumptions in subsection 7(1.3) could result in the requirement of paragraph 110(1)(d.01) in respect of the acquisition of securities in the year of disposition not being satisfied. ...

28 April 2010 External T.I. 2009-0347581E5 F- Frais de formation-- summary under Subsection 20(10) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(10) convention expenses providing an enduring benefit may be deducted within the s. 20(10) limitations When asked whether expenses for attending a convention, seminar, luncheon meeting or other meeting incurred by an individual in the course of operating a business or an immovable are deductible, CRA stated: Training costs are not deductible as current expenses and are considered to be capital expenditures under paragraph 18(1)(b) if the training course to which they relate provides a lasting benefit to the taxpayer. … As stated in paragraph 9 of IT-357R2, a training course should be distinguished from a convention. ...

CRA responded: For the purposes of the Act, two spouses who are living separate and apart due to a breakdown of their relationship without a divorce judgment having been granted are still considered to be spouses. ...

28 June 2010 External T.I. 2010-0357081E5 F- Crédit d'impôt pour la rénovation domiciliaire-- summary under Incurring of Expense Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Incurring of Expense home renovation expenses generally considered to be incurred by the individual even where reimbursed by insurance company Can a qualifying expenditures incurred by an individual qualify as being incurred for home renovation tax credit purposes if a portion of those expenses are reimbursed by an insurance company? ...

By virtue of this administrative position, a partner could be considered the acquiror of the home for purposes of the HBTC and thus claim the HBTC if the member of the partnership is an individual, the home qualifies as a principal residence as defined in section 54 to the individual, and all of the conditions for the HBTC are otherwise satisfied as if the partner had personally acquired the home. …. ...

Moulds could be considered to be structures that are manufacturing or processing machinery or equipment within the meaning of paragraph (a) of Class 8 depending on the facts of each particular situation. ...

The Directorate considered three situations. The most challenging was one where a terminated employee received from her employer: "Compensation 1" paid in lieu of notice for the period from Date 2 to Date 3; "Compensation 2," representing severance pay covering the period from Date 3 to Date 4; and her regular salary from Date 4 to Date 5. ...

10 May 2016 Internal T.I. 2016-0644761I7- RPP borrowing-- summary under Paragraph 8502(i) Summary Under Tax Topics- Income Tax Regulations- Regulation 8502- Paragraph 8502(i) pension plan could correct excess borrowing on a going-forward basis through assumption of the debt by a 149(1)(o.2)(ii) sub with plan guarantees As the amount of borrowing in respect of certain real estate properties of a pension plan exceeded their cost, the Directorate considered “that the Plan contravened paragraph 8502(i) and thus is a revocable plan pursuant to paragraph 8501(2)(a).” ...

The distribution results in such non-resident beneficiary being considered to have disposed of all or a portion of the beneficiary’s capital interest in the Estate. ...

Where the matter instead has not been previously considered by the GAAR Committee, and the GAAR is likely going to be an assessment position, the TSO will refer the matter to Headquarters prior to issuing the proposal letter – so that it would generally only issue a proposal letter if Headquarters recommends GAAR’s application. ...