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With regards to the reporting of amounts ultimately paid out of a spousal plan, we would refer you to pages 7 and 10 of the 1995 T4RSP and T4RIF Guide where the Department has stated that a "NO" could be inserted in box 24 (spousal plan identification box) of the T4RSP and T4RIF and boxes 36 and 38 (contributor information boxes) of the T4RSP and T4RIF could be left blank where: (a)at the time of the payment, the spouses were separated and living apart because of the breakdown of their relationship; (b)the contributor spouse died during the year the payer made the payment or is considered to have made it; or (c)at the time of the payment, either the annuitant or the contributor spouse was a non-resident. ...

In the situation where a general partnership carries on a processing business that it carried on continuously since February 22, 1994, sells a 50% undivided interest in all of the assets comprising that processing business, and then enters into a new partnership or joint venture agreement with the purchaser to actively carry on that same processing business, it is generally our view that for the purposes of subsection 40(3.15) of the Act, the general partnership may still be considered to be actively carrying on the same processing business that was being carried on before the sale of the undivided interest. ...

Although you have been advised that such a trust does not include funds held in trust for the perpetual care and maintenance of a cemetery, I wish to clarify that such an arrangement established pursuant to the Cemeteries Act (Revised) (Ontario) will be considered a trust governed by an eligible funeral arrangement if the specified contribution limit contained in the definition is not exceeded. ...

The facts of a particular situation would have to be considered in order to determine whether consideration has been received for a gift. ...

Principal Issues: clarify rules on rrsp held mortgage bonds administered through a trust Position: routine explanation of normal structure Reasons: prior rulings and opinions XXXXXXXXXX 5-962199 Attention: XXXXXXXXXX July 8, 1996 Dear Sirs: Re: Mortgages held in Registered Retirement Savings Plans (RRSPs) This is in reply to your letter of June 19, 1996, in which you asked the following questions: 1.Would mortgage bonds issued under a deed of trust and mortgage, which deed of trust and mortgage grants, mortgages and charges in favour of the trustee under the deed of trust and mortgage and mortgage bond holders the interest of the mortgagor in real property and improvements, be considered an interest in a mortgage for the purposes of subsection 4900(4) of the Income Tax Regulations (the Regulations)? ...

Further, in order for a donation to be considered a gift, it must be made without conditions, from detached and disinterested generosity, out of affection, respect, or charity or like impulses, and not from the constraining forces of any moral or legal duty. ...

In our view, XXXXXXXXXX, based on its current activities, may not meet any of the operated exclusively tests described in paragraph 149(1)(l) of the Act, in that XXXXXXXXXX may not be considered to be operated exclusively for social welfare, civic improvement, pleasure or recreation or for any other purpose except profit. ...

We agree that the situation you are concerned with is distinguishable from the circumstances considered in that earlier opinion since in your situation the policyholder's interest in a policy is transferred to the policyholder's child by virtue of a successive owner designation made pursuant to subsection 199(1) of the Insurance Act (Ontario). ...

We understand that to the best of your knowledge and that of the taxpayers involved: none of the issues involved in the requested rulings is being considered by a district office or a taxation centre in connection with a tax return already filed, and none of the issues involved in the requested rulings is under objection or appeal. ...

Where subsection 250(5) of the Act applies to deem a corporation "to be not resident in Canada", that corporation will be considered a "non-resident person" as that term is used in paragraphs 212(13.2)(a) and (b) of the Act. ...