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Standby passes would not be on a space-confirmed basis and would therefore would not be a taxable benefit. 5-981794 XXXXXXXXXX Karen Power, CA (613) 957-8953 Attention: XXXXXXXXXX July 15, 1998 Dear Madam: Re: Taxation of Airline Passes We are writing in reply to your correspondence of July 8, 1998, wherein you requested our opinion on whether airline passes provided to your Canadian employees would be considered a taxable benefit. ...

To the best of your knowledge and that of the taxpayers involved, none of the issues in the ruling requested is being considered by a Tax Services Office or Taxation Centre in connection with a tax return already filed and none of the issues is under objection. ...

Reasons: Under 60(j.1), years of service with an employer and a person related to the employer are considered in computing the transfer limits. ...

A foreign superannuation fund or plan is generally considered to be an employee benefit plan ("EBP") for Canadian income tax purposes. ...

The Department acknowledges that general damages relating to human rights violations can be considered unrelated to the actual loss of employment despite the fact that the loss of employment is often a direct consequence of the human rights complaint. ...

It provides that a transfer, distribution or acquisition of property will be considered to have occurred as a consequence of the death of a taxpayer where such transfer was made under, or as a consequence of, the terms of a will or other testamentary instrument of the taxpayer or as a consequence of a disclaimer by a beneficiary under a will or other testamentary instrument of a taxpayer. ...

In any particular case, the amount of bonuses considered reasonable must be based on the specific facts of that case. ...

On the other hand, if the property is sold for more than it is worth, the excess will be considered to be a contribution to the RRSP and could be subject to Part X.1 tax. ...

We expressed the opinion that in such circumstances a portion should be considered tax free and that from a review of several Human rights decisions a maximum amount would be $3,500. ...

However, in our view both the compensatory payment and the lending fee would either be subject to tax pursuant to subparagraph 212(1)(d)(i) of the Act for use of property in Canada or will be considered business profits in accordance with the provisions of Article V and VII of the Canada-United States Tax Convention (1980) assuming the lender to be a US resident. ...