Income Tax Information Circular

Advance Income Tax Rulings and Technical Interpretations

No.: IC70-6R7
Date: April 22, 2016

This version is only available electronically.

Table of Contents

• Application
• What is the difference between a Technical Interpretation and a Ruling?
• Technical Interpretations
  • Nature of a Technical Interpretation
  • Circumstances where a Technical Interpretation will not be issued
  • Information to be included with a Technical Interpretation request
  • Technical Interpretation process
• Rulings
  • Nature of a Ruling
  • Circumstances where a Ruling will not be issued
  • Information to be included with a Ruling request
  • Ruling process
    • Acknowledgement
    • Request for additional information
    • Withdrawal of a Ruling request
    • Communication within the CRA
    • Supplemental Rulings
• Pre-ruling Consultations
  • Nature of a Pre-ruling Consultation
  • Information to be included with a Pre-ruling Consultation request
  • Pre-ruling Consultation process
  • Pre-ruling Consultation teleconference
• Requesting the Directorate’s Services
• Fees and invoices
  • Fee for a Ruling or a Pre-ruling Consultation
  • Interim invoices
  • Interest and overdue accounts
• Publication of Rulings and Technical Interpretations
• Sharing of information on Rulings and Technical Interpretations
  • Communication within the Canadian government
  • Exchanges of information on Rulings under BEPS Action 5
• Appendix A – Ruling request checklist
• Appendix B – Representative authorization
• Appendix C – Taxpayer undertaking to remit fee
• Appendix D – Undertaking by representative's firm to remit fee
• Appendix E – Standard consent to release an advance income tax ruling to commercial publishers
• Appendix F – Standard authorization for email and facsimile transmission for communication with the Income Tax Rulings Directorate
• Appendix G – Pre-ruling Consultation request and undertaking

Application

1. The Income Tax Rulings Directorate (Directorate) is the Canada Revenue Agency’s (CRA’s) authority for the interpretation of the Income Tax Act (Act), the Income Tax Regulations and all related statutes. The Directorate provides income tax technical interpretations (Technical Interpretations) and advance income tax rulings (Rulings). In addition, as part of its Rulings service, the Directorate provides consultations in advance of a Ruling request (Pre-ruling Consultations). This Information Circular describes these services.

2. This Information Circular cancels and replaces Information Circular 70-6R6 dated August 29, 2014. It is applicable to a Technical Interpretation, a Ruling or a Pre-ruling Consultation requested after its date of publication (April 22, 2016).

What is the difference between a Technical Interpretation and a Ruling?

3. A Technical Interpretation is generic in nature. It is a written statement that provides the CRA’s interpretation of specific provisions of Canadian income tax law. No fee is charged for a Technical Interpretation.

4. A Ruling is a written statement confirming how the CRA’s interpretation of specific provisions of Canadian income tax law applies to a definite transaction or transactions that a taxpayer is contemplating. Rulings are generally requested by tax professionals on behalf of their clients. A fee is charged for a Ruling (see Fee for a Ruling or a Pre-ruling Consultation).

5. A Ruling is only issued in response to a written request that includes all required information (see Appendix A – Ruling request checklist).

Technical Interpretations

Nature of a Technical Interpretation

6. A Technical Interpretation explains the CRA's interpretation of specific provisions of Canadian income tax law. It might not extend to all situations and is not determinative of the tax treatment of a specific taxpayer's situation.

Circumstances where a Technical Interpretation will not be issued

7. Situations where the Directorate might not issue a Technical Interpretation include:

1. when the interpretation of the legislation is not in doubt;
2. where an inquiry relates to an interpretation already contained in a CRA publication such as a guide or folio;
3. where the Technical Interpretation request relates to a matter that is under audit; or
4. where it would be more suitable to request a Ruling, for example where the request appears to contemplate a proposed transaction.

Information to be included with a Technical Interpretation request

8. A Technical Interpretation request must include:

1. the name, address, and telephone number of the requestor;
2. a description of the tax issue; and
3. where the requestor is a tax professional or a large corporation, a detailed analysis of the issue.

If the requestor wishes to communicate with the Directorate by way of email or facsimile transmissions, they must complete and send Appendix F – Standard authorization for email and facsimile transmission for communication with the Income Tax Rulings Directorate. (See paragraph 42 for more details.)

Technical Interpretation process

9. A request for a Technical Interpretation will be acknowledged within two weeks of receipt. This acknowledgement will provide a contact name and a file reference number.

10. Where a request for a Technical Interpretation is incomplete or relates to a circumstance in respect of which the Directorate will not provide an interpretation, the requestor will be notified.

11. The Directorate’s policy is to give priority to requests for Rulings and to requests made by other areas of the CRA. Generally, requests for Technical Interpretations are dealt with in the order in which they are received. The Directorate’s goal is to issue Technical Interpretations within 90 business days of receipt of all required information.

Rulings

Nature of a Ruling

12. There is no legal requirement to issue Rulings. The purpose of the Rulings service is to promote voluntary compliance, uniformity and self-assessment by providing certainty with respect to the application of Canadian income tax law to proposed transactions. There is no related appeal process.

13. Since a Ruling gives assurance on the income tax treatment of proposed transactions, Rulings are generally not issued on completed transactions. However, the Directorate may consider issuing a Ruling on completed or partially completed transactions if the Ruling request is received before the transactions are completed.

14. Subject to any qualification, caveats, disclaimers or comments stated in a Ruling, a Ruling is regarded as binding upon the CRA with respect to the recipient taxpayer and the described transactions to the extent that there is no material omission or misrepresentation in the statement of relevant facts, proposed transactions or other information described in the Ruling and/or the related request and provided that the proposed transactions are implemented within the time limit specified in the Ruling. The CRA is not bound by facts and information disclosed in supplementary documents provided by the taxpayer but not included in the issued Ruling.

15. A taxpayer may be given an extension of the time limit specified in the Ruling by sending a request to the Directorate before the expiration date and providing the reasons for the delay.

16. If legislation is amended after a Ruling is issued and the Ruling ceases to be supported by the legislation due to the amendment(s), the Ruling will cease to bind the CRA on the effective date of the amendment.

17. If a court decision is rendered after a Ruling is issued and the court decision stands for a proposition that cannot be reconciled with an interpretation of the legislation on which the Ruling is based, the Ruling will cease to bind the CRA in respect of transactions occurring after the date of the court decision.

18. Where it is determined that a Ruling was issued in error, or where an interpretation is changed by the CRA, the Ruling may be revoked. The Directorate will give the taxpayer written notice of its intention to revoke the Ruling. The CRA will not be bound by the Ruling to the extent that the proposed transactions are implemented after the date of such written notice. The taxpayer will be granted the opportunity to make representations before a final decision is made. A Ruling is revoked by written notice to the taxpayer or the taxpayer's representative to whom the Ruling was issued.

Circumstances where a Ruling will not be issued

19. There are situations in respect of which the Directorate will not or cannot issue a Ruling. Although not an exhaustive list, the Directorate will generally not issue a Ruling in situations involving:

1. proposed transactions and/or issues that are the same as or substantially similar to transactions and/or issues that are:
   
   1. in a previously filed tax return of the taxpayer or a related person;
   2. being considered by a tax services office or tax centre in connection with a previously filed tax return of the taxpayer or a related person;
   3. under objection by the taxpayer or a related person;
   4. the subject of a current or completed court process involving the taxpayer or a related person; or
   5. the subject of a Ruling request previously considered by the Directorate;
2. proposed transactions that are not being seriously contemplated or are to be completed at some indefinite future time;
3. alternative courses of action;
4. the determination of the fair market value of a property;
5. the confirmation of tax-related calculations;
6. the interpretation of a provision of the tax legislation that has either not been enacted, or would require a regulation and the particular regulation is not yet enacted. However, a non-binding interpretation of a provision that has not been enacted may be provided;
7. proposed transactions in respect of which there appears to be no doubt as to the interpretation of the legislation;
8. primarily a factual or legal determination. This may include issues involving residence, the income or capital nature of a transaction, carrying on a business or the existence of a partnership;
9. issues and/or types of transactions in respect of which the Directorate has publicly announced that it will not issue a Ruling;
10. transactions that pertain to provisions of tax legislation or positions that are under review;
11. issues that would require interpretation of a law not administered by the CRA, including foreign law;
12. an opinion on accounting or commercial principles, practices, or guidelines;
13. a request in respect of which the requestor (generally the taxpayer’s representative) has not undertaken to pay the fees (see Appendix C – Taxpayer undertaking to remit fee or Appendix D – Undertaking by representative’s firm to remit fee); or
14. a request in respect of which the taxpayer has not consented to release the Ruling in a severed form to the public (see Appendix E – Standard consent to release an advance income tax ruling to commercial publishers).

Information to be included with a Ruling request

20. All of the information listed in Appendix A – Ruling request checklist must be provided with a request for a Ruling.

Ruling process

21. Rulings are usually responded to on a first-come-first-served basis. A Ruling should be requested far enough in advance to ensure that the Directorate has sufficient time to review and process the request before the completion of the proposed transaction(s).

Acknowledgement

22. Within two weeks of receipt of a request for a Ruling, the Directorate will provide an acknowledgement identifying a Ruling file number as well as the name and telephone number of a contact person. The acknowledgement may also require that any missing essential information (see Appendix A – Ruling request checklist) that was not included with the Ruling request be provided within 30 calendar days for the file to remain open.

23. The Directorate's goal is to issue Rulings within 90 business days of receipt of all information required by the Ruling request checklist.

Request for additional information

24. Having begun work on a Ruling request, if it is determined that additional information is required, the additional information will be requested and, when necessary, the file will be put on hold until the additional information is received.

25. Where the request for additional information has not been responded to within 30 calendar days, the file will be closed and the taxpayer will be billed for the hours worked. If the required information is received following the 30 day period, a new Ruling file will be opened and the maximum hourly rate of $155 will be charged for each hour of work (see Fee for a Ruling or a Pre-ruling Consultation).

Withdrawal of a Ruling request

26. The Directorate’s view of how the legislation applies to the proposed transactions described in the Ruling request might differ from that of the taxpayer or their representative. Where this is the case, the taxpayer will have the opportunity to submit representations before a final decision is made. At any point, a taxpayer may choose to withdraw the Ruling request. Even when withdrawn, a fee will be charged for time spent considering the request (see Fee for a Ruling or a Pre-ruling Consultation).

Communication within the CRA

27. A copy of all Rulings and withdrawals will be provided to the applicable compliance area(s) of the CRA.

28. All the facts and proposed transactions described in a Ruling may be reviewed during an audit. A review will ensure that all of the relevant facts were accurately presented in the Ruling and that the proposed transactions were carried out as described in the Ruling.

Supplemental Rulings

29. If there is a change in the facts or proposed transactions described in a Ruling, the taxpayer may make a written request to the Directorate to obtain a supplemental Ruling to confirm the tax implications of the new facts and proposed transactions. A supplemental Ruling request is subject to the same information requirements as a Ruling request (see Appendix A). However, new authorizations, consents, and undertakings (see Appendices B to F) will not be necessary if it is confirmed that those from the initial Ruling request also apply to the supplemental Ruling request.

Pre-ruling Consultations

Nature of a Pre-ruling Consultation

30. As part of the Rulings service, the Directorate offers the option to request a Pre-ruling Consultation. A Pre-ruling Consultation allows taxpayers and/or their authorized representatives to discuss with the Directorate any unique, new technical issue that is critical to the structuring of a definite transaction or transactions that a taxpayer is contemplating in advance of submitting a Ruling request. A fee is charged for a Pre-ruling Consultation (see Fee for a Ruling or a Pre-ruling Consultation).

31. The purpose of the Pre-ruling Consultation option is to reduce the costs that a taxpayer might incur to prepare the more detailed submission required in connection with a request for a Ruling that the Directorate is unable to provide.

32. At the conclusion of a Pre-ruling Consultation, the Directorate will inform the taxpayer whether it will consider the issue further in the context of a Ruling request. The fact that the Directorate will further consider the issue does not indicate that a positive Ruling will be issued.

Information to be included with a Pre-ruling Consultation request

33. A Pre-ruling Consultation request must be made in writing using Appendix G – Pre-ruling Consultation request and undertaking.

Pre-ruling Consultation process

34. Within 5 business days of receipt of a request for a Pre-ruling Consultation, the Directorate will contact the taxpayer to indicate whether the Pre-ruling Consultation request is accepted.

35. The Directorate’s goal is to schedule a teleconference within 3 weeks of receipt of a complete Pre-ruling Consultation request.

36. The Directorate may request additional information prior to the teleconference.

37. Agreement to participate in a Pre-ruling Consultation does not constitute the commencement of the Ruling process and it will not affect the priority given to a Ruling request that is subsequently submitted.

Pre-ruling Consultation teleconference

38. The Pre-ruling Consultation will generally be provided via teleconference, although a meeting may be arranged, by exception. Any comments provided by the Directorate during the teleconference or meeting will not be binding on the CRA.

39. A reasonable number of representatives on behalf of the taxpayer may participate in the teleconference.

40. The Directorate will not provide any written comments in connection with a Pre-ruling Consultation.

Requesting the Directorate’s services

41. Requests for Rulings, Pre-ruling Consultations and Technical Interpretations may be mailed, faxed, or emailed to the Directorate at:

Income Tax Rulings Directorate
Canada Revenue Agency
11th floor, Tower B
Place de Ville, 112 Kent Street
Ottawa ON K1A 0L5
Email: itrulingsdirectorate@cra-arc.gc.ca
Fax: (613) 957-2088

Appendix F – Standard authorization for email and facsimile transmission for communication with the Income Tax Rulings Directorate

Fees and invoice

Fee for a Ruling or a Pre-ruling Consultation

43. The fee for a Ruling is set by Order in Council. The fee is $100 (plus applicable tax) for each of the first 10 hours, or part of an hour, and $155 for each subsequent hour, or part of an hour, spent on the Ruling. No deposit is required for a Ruling. All time spent processing a Ruling will be included when calculating the Ruling fee, even if the Ruling request is withdrawn. All time spent on a supplemental Ruling request will be billed at $155 per hour.

44. The fee for a Pre-ruling Consultation is the same as the fee for a Ruling. All time spent processing a Pre-ruling Consultation will be included when calculating the fee regardless of the outcome of the Pre-ruling Consultation. If a Ruling request is subsequently submitted by the taxpayer, the hourly fee charged for the Ruling will take into consideration the hours spent on the Pre-ruling Consultation. For example, if 10 hours were charged for the Pre-ruling Consultation fee at $100 per hour, all hours spent on the Ruling will be charged at $155 per hour.

45. A deposit of $2,500 must be submitted with a Pre-ruling Consultation request. The deposit is refundable to the extent that it exceeds the fee for the Pre-ruling Consultation.

46. The HST/GST/QST payable on the supply of a Ruling or a Pre-ruling Consultation will be determined on the basis of the address of the recipient of the service and will be calculated at the rate applicable to that province. For the purpose of determining the applicable rate, the person submitting the request for the Ruling or the Pre-ruling Consultation will be presumed to be the recipient and that person’s address will determine the place of supply of the service. Where the taxpayer has authorized a third party representative, the representative will be considered to be the person submitting the request.

47. In addressing a request for a Ruling or a Pre-ruling Consultation, the Directorate is not limited to considering the provisions of the legislation in respect of which the Ruling is or might be requested. The proposed transactions may raise issues involving provisions of the legislation not specifically referenced. The time spent analyzing the potential effect of these issues will also be included when calculating the fee.

Interim invoice

48. The Directorate may issue interim invoices.

Interest and overdue accounts

49. The payment term on interim and final invoices is 30 days. If payment is not received within 30 days, interest is calculated at the prescribed interest rate that is charged by the CRA on overdue taxes. Where an invoice remains owing for more than 90 days, the Directorate may begin proceedings against the taxpayer or their representative’s firm for the recovery of the amounts owed.

50. If the representative’s firm has an overdue account in respect of a Ruling or a Pre-ruling Consultation, the Directorate will cease work on other Ruling, Pre-ruling Consultation or Technical Interpretation requests made by that firm until payment of that account is received.

Publication of Rulings and Technical Interpretations

51. The Directorate distributes its Rulings and Technical Interpretations through various publishers of tax information. The documents are severed to protect the identity of the taxpayer.

52. Rulings and Technical Interpretations are released to the publishers of tax information for information purposes only. In relying upon them, taxpayers must use caution.

1. Rulings and Technical Interpretations state the Directorate's views at the time they are written. The published documents are not updated to reflect changes in the law, jurisprudence or the Directorate's interpretative position.
2. Due to taxpayer confidentiality restrictions, material information may have been severed.
3. Seemingly minor differences in facts and circumstances might result in a materially different conclusion than what is described in the published document.

Sharing of information on Rulings and Technical Interpretations

Communication within the Canadian government

53. Any information provided to the Directorate in respect of Technical Interpretations, Rulings and Pre-ruling Consultations may be shared with other Branches of the CRA, or the Department of Finance, within the limits of the confidentiality-of-taxpayer-information provisions of section 241 of the Act.

Exchanges of information on Rulings under BEPS Action 5

54. As part of the Organization for Economic Cooperation and Development’s (OECD) Base Erosion and Profit Shifting (BEPS) project, as described in Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance, Action 5 – 2015 Final Report, Canada has committed to the spontaneous exchange of information on tax rulings with certain other countries. In the context of the BEPS project, countries agreed to exchange information on the following types of Rulings that are relevant to the Directorate:

1. cross-border Rulings related to preferential regimes (for Canada this would include international shipping and certain foreign life insurance operations of a Canadian company);
2. cross-border Rulings related to transfer pricing legislation;
3. cross-border Rulings providing a downward adjustment not directly reflected in the taxpayers’ accounts;
4. permanent establishment Rulings; and
5. related party conduit Rulings.

55. If a Ruling falls into one of the above categories, a summary of its contents may be exchanged with the countries of residence of the immediate parent company, the ultimate parent company and certain other parties. These countries may then ask to receive relevant portions of the Ruling in more detail. These exchanges of information will be performed in the usual manner, by the CRA’s Competent Authority Services Division, in accordance with the terms of Canada’s relevant tax treaties and other international agreements. As such, taxpayers making a Ruling request must include sufficient information to allow the CRA to identify the relevant parties for such exchanges. For more information, see the OECD website under Base Erosion and Profit Shifting.

Appendix A – Ruling request checklist

All of the information listed below must be provided with a request for an advance income tax ruling and supplemental ruling (Ruling).

1. The taxpayer's name, address, social insurance number, tax account number or business number as the case may be, the name of the taxpayer's tax services office and the tax centre where the taxpayer files their return.

2. Representative authorization (Appendix B). The Directorate will only discuss confidential taxpayer information with the taxpayer’s authorized representatives.

3.Taxpayer undertaking to remit fee (Appendix C). This undertaking is required where the taxpayer is making a Ruling request without a third party representative.

or

Undertaking by representative’s firm to remit fee (Appendix D). This undertaking is required where the taxpayer has authorized a third party representative.

4. Standard consent to release an advance income tax ruling to commercial publishers (Appendix E).

5. Standard authorization for email and facsimile transmission for communication with the Income Tax Rulings Directorate (Appendix F). This authorization is required where the taxpayer or their representative wishes to communicate with the Directorate by email or fax.

6. A representation that none of the proposed transactions and/or issues involved in the Ruling request are the same as or substantially similar to transactions and/or issues that are:

1. in a previously filed tax return of the taxpayer or a related person;
2. being considered by a tax services office or tax centre in connection with a previously filed tax return of the taxpayer or a related person;
3. under objection by the taxpayer or a related person;
4. the subject of a current or completed court process involving the taxpayer or a related person; or
5. the subject of a Ruling previously considered by the Directorate

7. The following information:

1. a complete description of the relevant facts;
2. a complete description of the proposed transactions;
3. a statement of the purpose of each proposed transaction;
4. a complete description of significant transactions that were completed by the taxpayer prior to the time of submission of the Ruling request or that may be undertaken after the completion of the proposed transactions, which may be part of the series of transactions;
5. a description of the specific Ruling(s) being requested; and
6. the taxpayer's or representative's interpretation of the relevant provisions of the Act and related legislation, including references to any relevant case law, Rulings, and/or Technical Interpretations, whether or not they support the specific Ruling(s) requested.

8. Where the general anti-avoidance rule (section 245 of the Act) may apply to the proposed transaction(s), an analysis of the tax benefit, the avoidance transaction(s) and why it may not reasonably be considered that the transaction would result directly or indirectly in a misuse or an abuse described in subsection 245(4).

9. An electronic copy of the information described in paragraph 7 above, in Microsoft Word format, to assist in preparing the Ruling.

10. Information enabling the CRA to meet its tax rulings information exchange obligations under BEPS Action 5, as set out in paragraphs 54 and 55 of IC 70-6R7.

Appendix B – Representative authorization

An authorization gives consent to the Directorate to discuss confidential taxpayer information concerning a request for an advance income tax ruling or a pre-ruling consultation with in-house and/or third party representatives. Unless a new representative is being authorized, this authorization will also apply to a supplemental ruling request.

FROM: [Name and address of taxpayer]

RE: [Brief description of the request]

For purposes of the above request, [name of taxpayer] hereby authorizes the following individual(s) to communicate with the Canada Revenue Agency (CRA), including any related matters that arise during the consideration of the request:

CERTIFICATION

This representative authorization must be signed and dated by an authorized person for the taxpayer such as an owner, a partner of a partnership, a director of a corporation, an officer of a non-profit organization or a trustee of a trust. By signing and dating below, you authorize the CRA to deal with the individual(s) listed above.

Appendix C – Taxpayer undertaking to remit fee

The following undertaking to remit fee must be included with all advance income tax ruling requests where a taxpayer is submitting a request without a third party representative. This undertaking will also apply to fees charged for a supplemental ruling request.

FROM: [Name and address of taxpayer]

RE: [Brief description of the advance income tax ruling (Ruling) request]

IN CONSIDERATION of the Canada Revenue Agency (CRA) agreeing to examine a request for an advance income tax ruling and any supplemental ruling (together the “Ruling request”), the undersigned taxpayer hereby undertakes:

To remit to the CRA, within 30 days of receipt of written demand, any and all fees payable to the CRA with respect to the above noted Ruling request, irrespective of whether the ruling has been issued, which fees are prescribed under the Advance Income Tax Ruling Fees Order, SOR/90-234.

CERTIFICATION

This undertaking must be signed and dated by an authorized person for the taxpayer such as an owner, a partner of a partnership, a director of a corporation, an officer of a non-profit organization or a trustee of a trust.

Appendix D – Undertaking by representative's firm to remit fee

The following undertaking to remit fee must be included with all advance income tax ruling requests submitted by a third party authorized to represent a taxpayer for the ruling request. The undertaking must be signed by an authorized signing officer of the representative’s firm. This undertaking will also apply to fees charged for a supplemental ruling request.

FROM: [Name and address of representative’s firm]

RE: [Name of taxpayer and brief description of the advance income tax ruling request]

IN CONSIDERATION of the Canada Revenue Agency (CRA) agreeing to examine a request for an advance income tax ruling and any supplemental ruling (together the Ruling request) in which the firm is involved, the undersigned firm hereby undertakes:

To remit to the CRA, within 30 days of receipt of written demand, any and all fees payable to the CRA with respect to the above noted Ruling request, irrespective of whether the ruling has been issued, which fees are prescribed under the Advance Income Tax Ruling Fees Order, SOR/90-234.

CERTIFICATION

This undertaking must be signed and dated by an authorized signing officer of the representative firm.

Appendix E – Standard consent to release an advance income tax ruling to commercial publishers

This consent authorizes the release of the final advance income tax ruling in a severed form to commercial publishers and it must be included with all Ruling requests. This consent will also apply to a supplemental ruling issued in connection with the initial Ruling.

FROM: [Name and address of taxpayer]

RE: [Brief description of the advance income tax ruling request]

The taxpayer hereby authorizes the Canada Revenue Agency to release a severed version of the ruling noted above, and of any supplemental ruling, to commercial publishers.

CERTIFICATION

This consent must be signed and dated by an authorized person for the taxpayer such as an owner, a partner of a partnership, a director of a corporation, an officer of a non-profit organization or a trustee of a trust.

Appendix F – Standard authorization for email and facsimile transmission for communication with the Income Tax Rulings Directorate

Where the taxpayer or their representative wishes to communicate with the Directorate by email or facsimile, an authorization for email and facsimile transmission must be completed. If a Ruling is being requested, this authorization will also apply to a subsequent supplemental Ruling, unless a new representative has been appointed, in which case a new authorization must be provided.

FROM: [Name and address of taxpayer]

RE: [Brief description of the request]

I hereby authorize the Canada Revenue Agency (CRA) to email and/or fax all correspondence concerning the above request, made by, or on behalf of, the above-noted taxpayer. The correspondence is to be transmitted to the following email address and/or fax number:

I am aware that the CRA does not provide assurance with respect to the protection, confidentiality, or security of email or facsimile transmissions. I accept the risks inherent in sending information by email and/or fax and further recognize that all email messages sent over the internet may be considered as being accessed and disclosed to unknown third parties somewhere in the world. I agree not to hold the CRA or its employees liable for any damage or loss, however caused, arising out of the email and/or facsimile transmissions of correspondence related to this request.

CERTIFICATION

This authorization must be signed and dated by an authorized person of the taxpayer such as an owner, a partner of a partnership, a director of a corporation, an officer of a non-profit organization or a trustee of a trust.

Appendix G – Pre-ruling Consultation request and undertaking

This appendix must be completed and returned with all required attachments to the Directorate at the address indicated in paragraph 41 of IC 70-6R7.

Underscores represent areas to be completed:

We request a Pre-ruling Consultation regarding technical issues related to certain proposed transactions.

Please find attached our submission setting out the following details:

• the name(s) of the taxpayer(s);
• Representative authorization, if applicable (see Appendix B);
• Standard authorization for email and facsimile transmission for communication with the Income Tax Rulings Directorate (see Appendix F);
• a description of all relevant facts and proposed transactions related to the unique, new technical issue(s);
• an explanation of the issue(s) and our views in relation to the issue(s), including our analysis of the relevant provisions of the Income Tax Act and related legislation, and any relevant case law, Rulings, and/or Technical Interpretations.

We enclose a deposit of $2,500.

In making this request, we acknowledge and confirm our acceptance of the following terms:

1. A Pre-ruling Consultation will only be considered in connection with a proposed transaction. Alternative transactions will not be considered at any time during the Pre-ruling Consultation.
2. Where the Income Tax Rulings Directorate (Directorate) agrees to participate in a Pre-ruling Consultation, the consultation will be conducted via teleconference. By exception, the consultation may be conducted in a meeting.
3. The Directorate will indicate whether it would consider the issue further in the context of an advance income tax ruling (Ruling).
4. The Directorate’s indication of a willingness to consider the issue further in the context of a Ruling request does not indicate that a positive Ruling will be issued and we will not take any comfort regarding the Directorate’s position on technical issues or the tax consequences of the proposed transactions. Any comments provided by the Directorate will not be binding on the Canada Revenue Agency (CRA).
5. A reasonable number of representatives will participate in the teleconference.
6. The Directorate will not provide any written comments.
7. Any information disclosed to the Directorate may be shared with other Branches of the CRA, or the Department of Finance, within the limits of the confidentiality-of-taxpayer-information provisions of section 241 of the Income Tax Act.
8. Agreement to participate in a Pre-ruling Consultation does not constitute the commencement of a Ruling and it will not affect the priority given to a subsequent request for a Ruling submitted as a result of the Pre-ruling Consultation.
9. The fee for a Pre-ruling Consultation is $100 (plus applicable tax) for each of the first 10 hours, or part of an hour, and $155 for each subsequent hour, or part of an hour, spent on the Pre-ruling Consultation. All time spent processing a Pre-ruling Consultation will be charged, regardless of the outcome of the Pre-ruling Consultation.
10. We undertake to remit to the CRA, within 30 days of receipt of written demand, any and all fees payable to the CRA with respect to the above noted Pre-ruling Consultation request, regardless of the outcome.

Date modified:

2016-04-22