Words and Phrases - "reference to"

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9 June 2022 External T.I. 2022-0930081E5 - Application of paragraph 251.1(4)(c)

reference to “trust” includes a person that happens to be a trust

In applying s. 251.1(4)(c) to s. 251.1(1), does it apply only when dealing with the word “trust”, i.e., does it apply only to ss. 251.1(1)(g) and (h), or does this reading rule apply in interpreting s. 251.1(1) wherever the person described is a trust [e.g., regarding s. 251.1(1)(c)(i), would two corporations be affiliated if they were each owned by a trust for a different family but the two trusts happened to have the same trustee?] CRA responded:

The explanatory notes for the amendments to subsection 251.1(4) of the Act that included the introduction of paragraph 251.1(4)(c) of the Act indicate that one of the effects of the rules is that two trusts are not affiliated simply because they share the same trustee and that a person is not affiliated with a trust simply because that person is affiliated with the trustee of the trust.

Consistent with the language in the legislation and the policy objectives outlined in the explanatory notes the interpretive rule in paragraph 251.1(4)(c) should be taken into account when interpreting subsection 251.1(1) regardless of whether there is a specific reference to a trust in the paragraph being examined.

Words and Phrases
reference to
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(1) - Paragraph 251.1(1)(c) - Subparagraph 251.1(1)(c)(i) common or affiliated trustees do not by themselves cause entities to be affiliated 186