| 19(1) | File No. 5-8277 |
| J.D. Jones | |
| (613) 957-2104 |
August 4, 1989
Dear Sirs:
Re: Subsection 15(2) of the Income Tax Act (the "Act")
This is in reply to your letter of June 16, 1989, concerning the application of subsection 15(2) of the Act.
Our understanding of the situation may be summarized as follows:
You have requested we confirm your understanding that subsection 15(2) of the Act would not apply in the case where an individual receives a bona fide loan from a public company in his capacity as an employee rather than a shareholder. Specifically, the employee receives the loan to enable him to pay off a bank debt incurred by him to acquire the company's shares. The employee's shareholding in the public company is less than 1%.
You have referred to the Department's representations at the Revenue Canada Round Table in the Report of Proceedings of The Thirty-Second Tax Conference.
We concur with your understanding that subsection 15(2) of the Act would not apply where an individual receives a bona fide loan from a public company in his capacity as employee rather than a shareholder.
At the Revenue Canada Round Table (1986 Conference Report) the Department reiterated its position that where a public corporation makes a bona fide loan to a shareholder QUA employee rather than QUA shareholder, on the same conditions as to other employees who are not shareholders, it is the Department's policy to treat it as a loan to an employee rather than to a shareholder.
We trust our comments will be of assistance.
Yours truly,
for DirectorSmall Business and General DivisionSpecialty Rulings DirectorateLegislative and IntergovernmentalAffairs Branch