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Reasons: The wording and intent of the provisions were previously considered and the position for retiring allowance purposes was generally adopted for this purpose. ...

Principal Issues: Whether cost amount of annuity contracts under pension plans of a pension trust is to be considered in the calculation of tax payable in 206(2)? ...

Séguin Attention: XXXXXXXXXX March 25, 1994 Dear Madam, Re:  Subsection 115(4) of the Income Tax Act This is in response to your request of October 12, 1993 in respect of which you would like a confirmation of Revenue Canada's position as to whether or not the taxation year of a branch will be considered to have ended on the date when the branch transfers all of its assets to a Canadian corporation under section 85 of the Act and ceases to carry on business in Canada. ...

A would be included in his income under subparagraph 56(1)(a)(i) as it would be considered a "superannuation or pension benefit". ...

Principal Issues: Whether interest based on currency fluctuation falls under the postamble to 212(1)(b)(vii) Position TAKEN: It is a question of fact, but it could be subject to the postamble Reasons FOR POSITION TAKEN: We would have to examine the documentation, but, foreign currency fluctuation could be considered "similar criterian" within the meaning of the postamble to 212(1)(b) XXXXXXXXXX 940497 Attention: XXXXXXXXXX April 5, 1994 Dear Sirs: This is in reply to your letter of February 22, 1994, wherein you requested a technical interpretation on the application of the postamble to paragraph 212(1)(b) of the Income Tax Act (the"Act"). ...

Is it considered a nothing for tax purposes? Department's position There are no provisions in the Act which deal specifically with any part of a gain from the forgiveness of a debt remaining after the procedure provided in paragraphs 80(1)(a) and (b) is followed. ...

., and in the public service, is considered employment with the same employer. ...

XXXXXXXXXX 5-942192 Attention: XXXXXXXXXX September 16, 1994 Dear Sirs: Re: Draft Capital Gains Legislation This is in reply to your facsimile dated August 25, 1994, wherein you requested our opinion as to whether a portion of a partnership interest would be considered to be a capital property for the purpose of the election provided in draft subsection 110.6(19) of the Income Tax Act (the "Act"). ...

We confirm that property of Class 31 and 32 will be considered rental properties and will be subject to the CCA restrictions for 1994 and subsequent years. ...

We confirm your understanding that a payment out of a RRIF is considered to be a payment under a "retirement plan" referred to in the definition of "pension" in paragraph 3 of Article 17 of the Convention. ...