| August 10, 1990 | |
| Technical Review Section | 901621 |
| Technical Publications Division | Rulings Directorate |
| Legislative Affairs Directorate | R.D. Mundell |
| (613) 957-2139 | |
| B. Buetow | |
| Chief | EACC9332 |
Subject: 24(1)
This will reply to your request of July 20, 1990 concerning whether the 24(1) qualifies as a non-profit organization as defined in paragraph 149(1)(l) or as a municipal or provincial corporation as defined in paragraph 149(1)(d) of the Income Tax Act.
The definition of a trust in subsection 248(1) refers to the meaning assigned by subsection 104(1) which states that reference to a trust is to be read as reference to the trustee or the executor, administrator, heir or other legal representative having ownership or control of the trust property. Subsection 104(2) states that a trust is deemed to be an individual. Subsection 248(1) defines individual as person other than a corporation. If the preamble to 149(1), which refers to a "person for a period when that person was", is read with paragraph 149(1)(1) "a club, society or association", I do not think there is much doubt that a trust qualifies as an organization as referred to in 149(1)(1).
24(1) This is discussed in paragraphs 9 and 10 of IT-496.
24(1)
24(1)
It would seem that the Department of Finance should be contacted with regard to the policy question of a remission order.
E. WheelerChief