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Leung   (613) 957-2116 October 30, 1989 Dear Sirs: Re:  Paragraph 54(b) of the Income Tax Act (the "Act") We are writing in response to your letter of September 28, 2989 wherein you requested our view on whether, for purposes of subsection 80(1) of the Act, "cash" would be considered capital property within the meaning assigned by paragraph 54(b) of the Act. ... It is therefore, our opinion that, for purposes of subsection 80(1) of the Act, money in Canadian currency would not normally be considered capital property within the meaning assigned by paragraph 54(b) of the Act. ...

However, we do offer the following general comments: It is our opinion that an amendment to an employee stock option plan addressing what will happen in the event of a takeover or reorganization would not in and of itself be considered so fundamental a change to the agreement as to constitute a new agreement.  ... If however, the intent and effect of the amendment is to make available to the employees shares that are fundamentally different than those contemplated by the original agreement, then it could be argued that a fundamental or cornerstone item of the Plan has significantly been altered (e.g. the type of share being offered to participating employees may now include shares of a Parent Company) and as a result could be considered to render the old agreement extinguished. ...

., the processing of farm products), it is a question of fact dependent upon the circumstances of the case as to whether or not the farming operation can be considered a separate business for which the farmer can elect to report the income using the "cash" method.  Normally, z taxpayer will be considered to operate two separate business if the businesses are not so interlaced, interdependent and interconnected that it is virtually impossible to separate one operation form the other.  ...

To be valid for purposes of the Income Tax Act, a disclaimer must not be made in favour of any person or the disclaimer will be considered to be a disposition of the disclaiming beneficiary's interest in the estate.  A disposition not at arms length would be considered to occur at the fair market value of the interest. ...

This will confirm that for the purposes of the Convention and other treaties comparable thereto we have adopted the position that an organization that is resident in a Contracting State will generally be considered to be a "resident of" that State notwithstanding that it is granted exemption from tax in such State by the tax laws thereof. ... While the foregoing is generally our position, so far as we can determine this issue has not been previously considered in respect of a trust (other than a trust that was exempt under Article XXI). ...

It is our general position that the interest free loan referred to in the above described situation would not result in the application of subsection 80.4(1) of the Act and would not be considered as a contribution by the employer to the Plan.  However, it should be noted that the determination of whether a loan may or may not be considered as a contribution to an RCA trust and condition in each specific situation. ...

Provided that subparagraph 40(2)(g)(ii) does not apply and the conditions of paragraph 39(1)(c) are met this loss would be considered a business investment loss.  Otherwise the loss would be considered to be a capital loss.  Paragraph 3 of IT-484R discusses the relevant conditions that must be met in order that a particular capital loss may qualify as a business investment loss. ...

Our Comments Paragraph 1 of Interpretation Bulletin IT-213R entitled "Prizes from Lottery Schemes, Pool System Betting and Giveaway Contests" states, in part, that:      "The amount or value of a prize received by a taxpayer from a lottery scheme is not taxable as either a capital gain or income unless, due to the circumstances applying to the lottery scheme, the prize can be considered to be income from...property... ... Additionally, as the bonus awarded in the lottery can be considered as an inducement, the provisions of paragraph 12(1)(x) would appear to include such amounts in income. ...

Registered Canadian political parties (federal and provincial) are generally considered to be tax-exempt non-profit organizations. *      A trust is considered to be a taxpayer separate and distinct from its settlor or beneficiary. ...

In addition, you want to know if we agree that the beneficiary would not be considered to have disposed of his income interest in the trust paragraph 248(8)(c) of the Act notwithstanding that the release or surrender described above might also be considered to be a "renunciation" for purposes of paragraph 6 of IT-385R. ...