SUMMARY: Partition of property—follow-up on 2009-033864—ITA-248(20), 248(21)—Follow-up letter to a technical interpretation in documentrelating to the partition of property rules in subsecs. 248(20) and (21).
Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.
PRINCIPAL ISSUES: Follow-up to our response in technical interpretation 2009-033864 [2009-0338641R5].
POSITION: The Income Tax Rulings Directorate issues advance income tax rulings and technical interpretations, but does not provide legal advice or opinions to third parties and does not issue rulings on the interpretation or application of common law, civil law or provincial legislation.
REASONS: See response.
XXXXXXXXXX 2010-038315
André Gallant
(613) 957-8961
February 18, 2011
Dear XXXXXXXXXX:
Re: Partition of property
This is a reply to your letter dated October 4, 2010, concerning the partition of property rules in subsections 248(20) and (21) of theIncome Tax Act(“Act”). We apologize for the delay in responding to your request.
Your letter is a follow-up to our response to you of September 1, 2010 (our file 2009-033864) [2009-0338641R5] in which we commented on the application of subsections 248(20) and (21) of the Act to seven hypothetical scenarios. XXXXXXXXXX.
You asked that we expand on the following comments we made in our September 1, 2010 letter:
As indicated above, whether the single property and partition requirements in the preamble of subsection 248(1) are met is a question of fact, the resolution of which also depends on a review of the property laws governing the particular jurisdiction where the land is located. If you have a specific case in mind, we would be prepared to consider it on an advance income tax rulings basis.
[Emphasis added]
You now want us to re-analyze each of the above-mentioned seven scenarios by assuming that all land in question is located in Alberta (and that the applicable law would be the property laws governing Alberta).
Our Comments
As also stated in our last letter to you, written confirmation of the tax implications inherent in particular transactions is given by this Directorate only where the transactions are proposed and are the subject matter of an advance income tax ruling request submitted in the manner set out in Information Circular 70-6R5, Advance Income Tax Rulings, dated May 17, 2002. As indicated in paragraph 22 of IC 70-6R5 [Information Circular 70-6R5], where the particular transactions are completed, the inquiry should be addressed to the relevant Tax Services Office. The Directorate also provides, in writing, technical interpretations of specific provisions of income tax law (IC 70-6R5, paragraph 22).
Your request does not simply concern the interpretation of income tax legislation (subjections 248(20) and (21)) but rather involves a legal determination of the laws governing the Province of Alberta. The Canada Revenue Agency does not provide legal advice or opinions to third parties and does not issue rulings on the interpretation or application of common law, civil law or provincial legislation.
As regards our views on the application of subjections 248(20) and (21), we set them out in our last letter to you XXXXXXXXXX. If you have a specific case in mind, we would be prepared to consider it on an advance income tax rulings basis.
We trust that these comments will be of assistance.
Yours truly,
S. Parnanzone
Manager
For Director
Business and Partnerships Division
Income Tax Rulings Directorate
Legislative Policy and Regulatory Affairs Branch