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You have advised that, to the best of your knowledge, none of the issues being considered in this advance income tax ruling request is involved in an income tax return of XXXXXXXXXX, is being considered by a Taxation Services Office or Taxation Centre of Canada Customs and Revenue Agency, is the subject of an objection or appeal or is the subject of a previously issued advance income tax ruling. ... Ruling Provided Provided that the above statements of Fact are accurate and complete and that the Proposed Transaction is undertaken as described, the following ruling is provided: Upon the dissolution of XXXXXXXXXX as contemplated by the Proposed Transaction, a holder of a Debenture will not be considered to have disposed of that Debenture solely by virtue of such dissolution. ...

Paragraph 41 of IT-522R states that an allowance for travel expenses is not considered unreasonable merely because the employee's total expenses for business travel exceed the total travel allowances received in the year. ... This must be considered in the context of the entire paragraph. We also state that the Agency generally takes the view, for income tax purposes, that any allowance that is intended or designed to cover the employee's out-of-pocket costs to use the vehicle in the course of performing the duties of employment would be a reasonable allowance. ... This issue was considered in the cases of Gauvin v. MNR (79 DTC 696) and Hudema v. the Queen (94 DTC 6287). ...

When the annuitant of a matured RRSP dies, the annuitant is considered to have received, immediately before death, an amount equal to the fair market value ("FMV") of all remaining annuity payments under the RRSP at the time of death. ... However, if in the RRSP contract the deceased annuitant named his or her spouse as the sole beneficiary of the RRSP, the annuitant is not considered to have received an amount from the RRSP at the time of death. ... As noted above and in paragraph 5 of Interpretation Bulletin IT-500R, RRSP'S- Death of an Annuitant (enclosed), when the successor annuitant dies, he is considered to have received, immediately before death, an amount equal to the FMV of all remaining annuity payments under the RRSP at the time of death. ...

Reasons: It is our view that tuition paid for English second language training would not qualify for the tuition tax credit because English is generally considered a lifeskill and does not necessarily improve the student's occupational skills. ... As requested, we have considered your questions and have provided some comments below. ... However, it is our view that tuition paid for English second language training would not qualify for the tuition tax credit because English is generally considered a lifeskill and does not necessarily improve the student's occupational skills. ...

Reasons: Paragraph 56(1)(x) applies to any payments from an RCA to the beneficiary that can reasonably be considered to have been received in respect of an office or employment. ... Under paragraph 56(1)(x) of the Income Tax Act (the "Act"), a taxpayer is required to include any amount, including a return of contributions, received in the year by the taxpayer or another person, other than an amount required to be included in that other person's income for a taxation year under paragraph 12(1)(n.3), out of or under an RCA that can reasonably be considered to have been received in respect of an office or employment. It may be argued that a loan from an RCA could constitute an amount received by the taxpayer from an RCA that can reasonably be considered to have been received in respect of an office or employment. ...

You ask whether payments by the single trust to participants that are on leave during the year could be considered as payments of income to participants under the DSLP. ... Clause 6801(a)(iv)(A) of the Regulations includes the following condition: "..., and provides that the amount that may reasonably be considered to be the income of the trust for a taxation year that has been earned by it for the benefit of the employee shall be paid in the year to the employee". ... The payment of deferred salary to one participant in a DSLP cannot be considered as a payment of income earned on deferred salary in respect of another participant in the DSLP. ...

With respect to participation in 2001, a person is not considered a first-time home buyer if, at any time during the period beginning January 1, 1997 and ending 31 days before the HBP withdrawal in 2001, the individual or the individual's spouse had an owner-occupied home. An individual will be considered to have an owner-occupied home where the individual owns (jointly or otherwise) a housing unit and the housing unit is inhabited by the individual as the individual's principal place of residence at that time. However, where an individual rents a home from a corporation which is not a cooperative housing corporation, the individual owns some or all of the shares of the corporation and the home is owned by the corporation, without evidence to the contrary, the individual should not be considered as owning the home during the period that it is owned by the corporation for the purposes of determining whether this condition is satisfied. ...

A "gift" for purposes of the charitable donation tax credit rules in the Act, is generally considered to have been made where there is a voluntary transfer of property by a donor to a registered charity, without expectation by the donor that in return for the contribution, a benefit of any kind will be provided to the donor or a person designated by the donor. ... A donor may request that their donated funds be used for a particular program operated by the charity, and provided the charity maintains discretion as to how the funds are spent within the program, the donated funds would generally still be considered a gift received by the charity. ... Accordingly, contributions of this type would not in our view, be considered gifts received by the Church for which a charitable donation tax receipt could be issued. ...

Leung February 8, 2001 Dear XXXXXXXXXX: Re: Paragraph 6 of Article XXI of the Canada-United States Income Tax Convention We are writing in reply to your letter in which you requested a technical interpretation on whether taxable capital gains realized by a Canadian resident upon the making of a gift to a U.S. charity of securities which are listed on a U.S. stock exchange would be considered income arising in the U.S. for the purposes of Article XXI(6) of the Canada-United States Income Tax Convention (the "Convention"). ... Our Comments As the disposition of the securities in your case does not take place through a securities or stock exchange, it appears that the comments at the latter part of paragraph 4 of IT-395R (as opposed to the first part) are relevant to your situation where it is stated that "where a sale is not made through a securities or stock exchange, other factors... should be considered in establishing where the sale is made". ... In that technical opinion letter, we opined that where U.S. securities have been disposed of by a Canadian trust on the winding up of that trust, the capital gains arising from that disposition would generally be considered to be income arising in Canada. ...

Principal Issues: Is a portion of an admission fee paid to attend a XXXXXXXXXX considered a charitable gift for the purposes of sections 110.1 and 118.1? ... March 2, 1999 HEADQUARTERS HEADQUARTERS Charities Division Financial Industries Division Attention: Carl Juneau Michael Cooke Assistant Director (613) 957-3498 990328 XXXXXXXXXX This is in reply to your memorandum dated February 4, 1999 wherein you requested our views as to whether a portion of an admission fee paid by a person to attend a XXXXXXXXXX is considered to be a charitable gift for the purposes of sections 110.1 and 118.1 of the Income Tax Act (the "Act"). ... As noted above, where a person pays an amount to a registered charity for goods and services whether a portion of the amount paid will be considered as a gift (the "gift portion") to the registered charity is a question of fact. ...