Administrative Policy
S4-F15-C1 - Manufacturing and Processing
Flexible application of formula
1.22 ... Where a corporation can readily obtain information that is reasonably similar to that required by section...
Adjusted Business Income
See Also
Irving Oil Ltd. v. The Queen, 2000 DTC 2164 (TCC)
In finding that refund interest received by the taxpayer following a successful appeal of a substantial assessment represented business income...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 125.1 - Subsection 125.1(3) - Canadian Manufacturing and Processing Profits | 105 |
Administrative Policy
10 July 2003 Internal T.I. 2003-0018897 F - INTERET-REVENU RAJUSTE TIRE ENTREPRISE
A corporation engaged in manufacturing and processing received interest on federal and Ontario tax refunds and also interest on advances or loans...
S4-F15-C1 - Manufacturing and Processing
Partnership look-through
1.23 ... The definition includes the corporation's share of active business income from a partnership but does not...
11 April 1995 Internal T.I. 9429497 - ADJUBI - INTEREST INCOME
Interest earned on overpayments of taxes are not income from an active business.
Cost of capital
Administrative Policy
S4-F15-C1 - Manufacturing and Processing
Exclusion of double counting
1.32 A double counting problem occurs in a group of associated corporations where one corporation in the group...
Cost of Labour
See Also
NRB Inc. v. The Queen, 93 DTC 295, [1993] 1 CTC 2435 (TCC)
The taxpayer, which used employees throughout the year to manufacture and erect modular buildings, was able to treat amounts paid to...
Administrative Policy
S4-F15-C1 - Manufacturing and Processing
1.25 ... The simplest method generally will be an analysis of the T4 slips. ... This will also be acceptable for many corporations whose tax years...
Paragraph (a)
Administrative Policy
30 January 2004 Internal T.I. 2003-0037191I7 F - Fabrication /sous-traitants/frais de gestion
Individuals (the "Persons") performed services only for Cco but (for administrative ease) were paid by a sister of Cco (Bco), so that Bco was...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) | s. 153(1) applicable to salaries paid as agent | 143 |
| Tax Topics - Income Tax Regulations - Regulation 5202 - Cost of Labour - Paragraph (b) - Subparagraph (b)(iii) | tasks performed by subcontractors were not normally performed by employees | 106 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | partial disallowance of salaries of taxpayer where it was not fully reimbursed by the recipient of their services | 111 |
Paragraph (b)
Subparagraph (b)(iii)
Administrative Policy
30 January 2004 Internal T.I. 2003-0037191I7 F - Fabrication /sous-traitants/frais de gestion
Subcontractors doing business with Cco (a manufacturer) were paid on a piecework basis for inputs produced by them under production schedules set...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 5202 - Cost of Labour - Paragraph (a) | cost of labour included amounts paid to a sister company that paid the employees on behalf of the manufacturer | 205 |
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) | s. 153(1) applicable to salaries paid as agent | 143 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | partial disallowance of salaries of taxpayer where it was not fully reimbursed by the recipient of their services | 111 |
Cost of Manufacturing and Processing Capital
See Also
D.MNR for Customs and Excise v. Amoco Canada Petroleum Co. Ltd., 86 DTC 6008, [1986] 1 CTC 124 (FCA)
The word "directly" in s. 1(a) of Part XIII of Schedule III to the Excise Tax Act was found to have a broad meaning of "without any intervening...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Ordinary Meaning | 27 |
Cost of Manufacturing and Processing Labour
Administrative Policy
19 December 2008 External T.I. 2008-0299321E5 F - Exploitation forestière et DBFT
Corporation B, in managing a lumberyard owned by Corporation A, grades and cuts logs and arranges for the sale or chipping of the log residues. ...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 125.1 - Subsection 125.1(3) - Canadian Manufacturing and Processing Profits | managing processing operation of another corp. did not qualify | 97 |
1 May 2003 Internal T.I. 2002-0178347 F - BENEFICES FABRICATION
Canco, a Canadian manufacturing corporation, performs scientific research and experimental development for its US parent ("USco") and is fully...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 5202 - Qualified Activities | no requirement that the SR&ED be connected to M&P | 148 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | reimbursements of SR&ED labour and other expenses did not reduce cost of labour | 58 |
9 October 1990 Memorandum (Tax Window, Prelim. No. 1, p. 23, ¶1030)
Where the cost of foreign-based engineering designs of products and production facilities is included in amounts charged to a Canadian corporation...
Qualified Activities
Cases
St. Catharines Standard Ltd. v. The Queen, 78 DTC 6168, [1978] CTC 258 (FCTD)
The receiving and storing of news by reporters at a newspaper, the researching and writing of articles or the preparation of advertisements, and...
See Also
Lomex Inc. v. MNR, 92 DTC 2253, [1992] 2 CTC 2678, [1992] 1 CTC 2731, [1992] DTC 2246 (TCC)
An operation of transporting animal residues (e.g., bones, meatscraps, feathers, blood and offal) by specially-adapted trucks to the taxpayer's...
Administrative Policy
S4-F15-C1 - Manufacturing and Processing
Line supervision: up to plant manager
1.35 The terms line supervision (a qualified activity) and administration (a non-qualified activity) may be...
1 May 2003 Internal T.I. 2002-0178347 F - BENEFICES FABRICATION
Canco, a Canadian manufacturing corporation, performs SR&ED for its US parent ("USco"), which fully reimburses it for its related costs. Before...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 5202 - Cost of Manufacturing and Processing Labour | reimbursements of SR&ED expenses do not reduce cost of manufacturing and processing labour | 204 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | reimbursements of SR&ED labour and other expenses did not reduce cost of labour | 58 |
15 May 2001 External T.I. 2001-0071085 F - FABRICATION AU CANADA
A corporation actively carries on a business of marketing, developing, designing, manufacturing and selling clothing and also develops its own...
6 February 2001 External T.I. 2000-0059485 F - DBFT - Sous-traitants - textile
Regarding a taxpayer who carries on a business of designing and distributing clothing in Canada but who has its products manufactured by a third...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 125.1 - Subsection 125.1(3) - Canadian Manufacturing and Processing Profits | goods can be physically manufactured abroad if Canco exercises extensive involvement and control over the content, design, and physical qualities of the goods from inception to completion | 114 |
November 1991 Memorandum (Tax Window, No. 13, p. 13, ¶1578)
Minerals extracted from a mineral resource which have not been subsequently manufactured or processed do not constitute finished goods.
91 CPTJ - Q.30
Oil and gas which has been extracted and which is not yet been subsequently manufactured or processed does not constitute finished goods.
Rental Cost
Administrative Policy
S4-F15-C1 - Manufacturing and Processing
Royalties included
1.30 Royalty payments are considered to qualify as rental costs under paragraph (b) of the definition of cost of capital in...
Salaries and Wages
Administrative Policy
15 May 2003 Internal T.I. 2003-0010237 F - COUT EN MAIN-D'OEUVRE
Where tips received by restaurant servers from various sources (directly from the customers, added by the customers to their credit card payments...