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You advise that to the best of the knowledge of the Offering Partnership, the Production Services Partnership and XXXXXXXXXX, none of the issues contained herein: (a) is in an earlier return of the Offering Partnership, the Production Services Partnership or a related person; (b) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of the Offering Partnership, the Production Services Partnership or a related person; (c) is under objection by the Offering Partnership, the Production Services Partnership or a related person; (d) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (e) is the subject of a ruling previously issued by the Income Tax Rulings and Interpretations Directorate of Revenue Canada. ... The cost of the Units to an Investor and the expenses of the Offering Partnership and the Production Services Partnership will be reduced by the amount of any limited recourse amount, as defined in subsection 143.2(1) of the Act, to the extent that such limited recourse amount can reasonably be considered to relate to such cost or expense. ...

There is no hard and fast rule as to when expenditures made on capital assets will, and when they will not, be considered to be capital expenditures within the meaning of paragraph 18(1)(b) of the Income Tax Act. ... Turning now to the several matters to be considered, in my view, it is the nature of the advantage to be gained which more than any other feature of the particular situation will point to the proper characterization of the expenditure as one of capital or of revenue expense. ...

We understand that to the best of your knowledge and that of the taxpayers involved, none of the issues described herein is: (i) dealt with in an earlier return of the taxpayers or a person related to the taxpayers; (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayers or a person related to the taxpayers; (iii) under objection by the taxpayers or a person related to the taxpayers; (iv) before the courts or if a judgment has been issued, the time limit for appeal to a higher court has expired; or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... For greater certainty, the Proposed Transactions described herein, in and by themselves, will not be considered to result in a disposition or increase in interest described in subparagraphs 55(3)(a)(i) to (v). ...

PowerPoint Slides English slides French slides Rough Transcript (for search engine visibility) TOSI FOR ADULTS CRA Presentation to CPA Canada AGENDA Legislative History Basics of old Section 120.4 Overview of Amendments to Section 120.4 New Exclusions from TOSI: Safe Harbours & Other Excluded Amounts Key Changes Interpretive Issues 2017 Guidance Conference Positions Compliance Matters Disclaimer The material is for informational purposes only and should not be considered tax advice. Any amendments to the law or relevant court decisions occurring after the publication date will not have been considered in the preparation of the information unless otherwise specified. ...

To the best of your knowledge and that of the Taxpayers, none of the issues involved in the ruling request is: i. in a previously filed tax return of any of the Taxpayers or a related person; ii. being considered by a tax services office or a tax centre in connection with a previously filed tax return of any of the Taxpayers or a related person; iii. under objection by any of the Taxpayers or a related person; iv. the subject of a current or completed court process involving the Taxpayers or a related person; or v. the subject of a ruling request previously considered by the Directorate. ...

CONFIRMATION To the best of your knowledge and that of the taxpayers involved, none of the proposed transactions or issues involved in this Ruling request are the same as or substantially similar to transactions or issues that are: i. in a previously filed return of the taxpayers or a related person and: A. being considered by the CRA in connection with such return; B. under objection by the taxpayers or a related person; or C. the subject of a current or completed court process involving the taxpayers or a related person; or ii. the subject of a Ruling request previously considered by the Income Tax Rulings Directorate. ...

., Dissenting, took the view that as the taxpayer had sold the franchise outright, without the reservation of any interst in the property granted, the sale was of different nature from that considered in Spooner's case, and the payments could accordingly not accurately be described as royalties'. ... The Queen, 77 DTC 5244; have been considered and would appear not to impact upon the conclusions delineated above. ...

PRELIMINARY MATTERS To the best of your knowledge, and that of the responsible officers of the above-noted taxpayer, none of the recently completed transactions or issues involved in this ruling request are the same as or substantially similar to transactions or issues that are: (a) in a previously filed tax return of the above-noted taxpayer or a related person and: i. being considered by the CRA in connection with such return; ii. under objection by the above-noted taxpayer or a related person; or iii. the subject of a current or completed court process involving the above-noted taxpayer or a related person; or (b) the subject of a ruling request previously considered by the Income Tax Rulings Directorate in relation to the taxpayer or a related person. ...

We understand that, to the best of your knowledge and that of the taxpayer, except to the extent described herein, none of the Transactions and/or issues in this letter are the same as or substantially similar to transactions and/or issues that are: i. in a previously filed tax return of the taxpayer or a related person and: a. being considered by the CRA in connection with such return; b. under objection by the taxpayer or a related person; or c. the subject of a current or completed court process involving the taxpayer or a related person; or ii. the subject of a Ruling request previously considered by the Directorate. ...

We understand that to the best of your knowledge and that of the Taxpayers, none of the proposed transactions and/or issues involved in this Ruling request are the same as or substantially similar to transactions or issues that are: (a) in a previously filed tax return of the Taxpayers or a related person and; (i) being considered by the CRA in connection with any such tax return; (ii) under objection by the Taxpayers or a related person; (iii) the subject of a current or completed court process involving the Taxpayers or a related person; or (b) the subject of a ruling request previously considered by the Income Tax Ruling Directorate in relation to the Taxpayers or a related person. ...