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CRA responded (TI translation): [A] limited partner of an LP will be considered to be carrying on the business of the LP in applying subsections 39(4) and 39(5). ...

CRA considered that neither of these two deemed subtrusts is required to report foreign property on T1135s provided that all the foreign property is held in the non-resident portion trust rather than the particular trust, stating: A specified Canadian entity is defined by subsection 233.3(1) as a taxpayer resident in Canada with certain exceptions which are not applicable... ...

As the investment earnings within the Super Fund are subject to Australian tax (of 15%, or 10% on capital gains), it does not qualify as an “exempt trust,” so that a Canadian beneficiary’s interest is considered to be specified foreign property, and the individual is required to file T1135s reporting inter alia the “cost amount” of the individual’s interest in the fund. ...

CRA stated (TaxInterpretations translation): [T]he Canada Revenue Agency accepts, for the purposes of paragraph 118(1)(b.1), taking an administrative position for the child to be considered as ordinarily residing, throughout the taxation year, with Ms B. ...

CRA stated that, for purposes of s. 248(31), the fair market value of the policy so donated to the charity “is generally required to be determined in accordance with the principles set out in [IC 89-3, paras. 40-41]," stating that: Factors to be considered in making this determination include: (a) the cash value of the policy; (b) the amount of policy loans available; (c) the face value; (d) the state of health of the insured and that person’s life expectancy; e) conversion privileges; (f) other policy terms, such as term riders and double indemnity provisions; (g) the replacement value. ...

However, [such] passage of time … may be one of the factors to be considered in determining whether the conditions set out in the definition of death benefit in subsection 248(1) are otherwise satisfied …. ...

CRA considered that if the non-resident corporation misses this deadline, there is no ability to access s. 216.1, and (based on s. 115(2.1)) the non-resident corporation cannot late-file a “regular” Part I return where the provision of the acting services had resulted in it having a Canadian permanent establishment under the Treaty. ...

After finding that the loans might have given rise to an immediate gain under s. 40(3.1), CRA went on to state: [T]he profits of a limited partnership in a situation such as that described would not be considered as contributions of capital for the purposes of subsection 40(3.13). ...

CRA stated Where the rights to the IP belong to the University and the University flows part of the royalty to the Faculty, the royalty payment will be considered employment income since the IP was developed in the course of the Faculty's employment and the ownership of the IP belongs to the University (the employer). ...

In the course of a general discussion of s. 60(j.1), CRA commented on the application of s. 60(j.1)(v) to such buy back: Where the employer's pension plan takes into account part of the years of service with a previous employer (for example, because of buying back the years of service), all years of service with the former employer may be included in the total number of years to be considered for the purposes of computing the amount eligible for a deduction by virtue of paragraph 60(j.1). ...