Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the Department.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle du ministère.
Principal Issues:
Can a deferred leave period that has already been postponed a year be postponed another year?
Position:
Yes, provided it does not exceed the 6 year limitation
Reasons:
Consistent with 6801 of the Regulations.
DM'S OFFICE (2) DM #95-08907M
ASSOCIATE DEPUTY MINISTER (1)
ADM'S OFFICE (3)
PENDING
RETURN TO 15TH FLOOR, ALBION TOWER
RULINGS DIRECTORATE
Signed on January 31, 1996
XXXXXXXXXX
Dear XXXXXXXXXX:
I am writing in reply to your letter of November 29, 1995, addressed to the Honourable David Anderson, former Minister of National Revenue, regarding a further postponement of your scheduled leave under the deferred salary leave plan in which you have been participating. I apologize for the delay in responding.
In your letter you stated that the plan is a prescribed plan pursuant to Regulation 6801 of the Income Tax Act. You had been participating in it for four years, when, last year, you asked for and were given a one-year postponement of the scheduled leave. You would like another one-year postponement of the leave, but your employer will only approve it upon written authorization from the Department.
Although I have not reviewed your particular plan, I can confirm that a plan may be amended and continue to qualify as a prescribed plan providing the conditions in Regulation 6801 are met. One of these provisions requires the leave to commence no more than six years after the start of the deferrals. Consequently, it would appear that your plan can be amended to postpone the leave for another year and still comply with Regulation 6801.
If you have any additional questions on this matter, may I suggest you contact Mrs. Leslie Shrive, Problem Resolution Coordinator, Client Services Section of the Victoria Tax Services office at 1-800-742-6108, toll free. She has been made aware of our correspondence and would be pleased to help you.
I trust my comments will be of assistance to you.
Yours sincerely,
Pierre Gravelle, Q.C.
C.C. Mrs. Leslie Shrive
Problem Resolution Coordinator
Victoria Tax Services
M. Sarazin
957-2131
953300
January 15, 1996