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To summarize, while property within a RRIF is considered to form part of an individual’s “designated savings arrangements” for the purposes of the PSPA calculation in subsection 8304(10), there is nothing in subsection 8303(6), subsection 8304(10), or paragraph 8502(b) that suggests that a RRIF to defined benefit RPP transfer is required or permitted to fund the past-service benefits. ...

These factors will vary by taxpayer and the taxpayers will be advised as to the factors considered in their risk assessment when the ALBC approach is discussed, in the face to face meeting that the CRA will hold with them. ii) Will CRA identify which of its personnel are involved in a particular taxpayer's risk evaluation? ...

/ Is the asset recorded as a capital property as a result of a lease of an asset considered used principally in an active business carried on in Canada for the purpose of the definitions of « qualified small business corporation share » (« QSBCS ») in subsection 110.6(1) and of « small business corporation » (« SBC ») in subsection 248(1)? ...

/The amount received by the vendor could be considered a proceed of disposition for the right arising out of the promise and if this right is a capital property as defined under section 54, the proceed of disposition should be taken into account in calculation of the capital gain. 2- Puisque le droit découlant de la promesse est un bien distinct de la maison personnelle, ce droit ne pourrait pas se qualifier comme résidence principale. ...

If the entity is a foreign trust, it would appear that the amount of the distribution would be considered income of a trust under subsection 104(13), and would be fully taxed, even though the source of the income is a capital gain. ...

In addition, according to subsection 247(10) of the Income Tax Act, any requests for a transfer pricing adjustment which results in a decrease to the Canadian taxpayer's income (also known as a "downward transfer pricing adjustment") must be considered appropriate in the opinion of the Minister or the officers delegated by the Minister to perform this duty. ...

CRA Answer: In our view, the Innovative Installation decision did not extend the concept of constructive receipt or create a new, broader meaning of the word "received", under which a taxpayer could be considered as having received an amount to which he is not otherwise entitled under the terms of a life insurance policy. ...

However, the annuity contract will be considered a PAC for the entire taxation year to the extent the requirements of subsection 304(1) of the Regulations are met. ...

The FMV of an interest in a life insurance policy otherwise determined and the cost of that interest must be considered in applying proposed subsection 248(35) to a gift of an interest in a life insurance policy to a qualified donee. ...

5 May 2010 Roundtable, 2010-0363851C6- Eligible Dividends and LRIP Unedited CRA Tags 89(1) and 89(14) Principal Issues: Calculation of LRIP-Dividends paid to non-residents Reasons: Wording of the legislation 2010 Ponoka Tax Roundtable Question #14 Eligible dividends and LRIP At the Canadian Tax Foundation's Annual Conference in 2008, the Canada Revenue Agency (the "CRA") confirmed that where a Canadian controlled private corporation ("CCPC") pays a dividend and makes a designation with respect to the full amount of the dividend under subsection 89(14), the portion of the dividend that is received by non-resident shareholders would not be considered an eligible dividend and would not reduce the CCPC's General Rate Income Pool ("GRIP"). ...