| June 22, 1990 | |
| MISSISSAUGA DISTRICT OFFICE | Specialty Rulings |
| Business Audit | Directorate |
| M.H. Merchant - Group Head | G. Arsenault |
| (613) 957-2126 | |
| File No. 7-4670 |
SUBJECT: Subparagraph 15(2)(a)(ii) Loans to acquire a "dwelling"
This is in reply to your Memoranda to Head Office, Audit Programs Directorate, Audit Applications Division, R. Biscaro, A/Director, dated January 9 and January 11, 1990.
Enclosed is a copy of the Technical Interpretation dated June 19, 1989 described in the publication "The Access Letter" referred to by the taxpayer's accountants.
The Department's position that a seasonal residence can be "a dwelling for his habitation" for the purposes of subparagraph 15(2)(a)(ii) of the Act is long standing. This is the reason that paragraph 16 of IT-119R3 states that the term "dwelling" includes a "cottage". Similar wording was contained in the Assessing Guide at page 8-203. Actually, the words in the Assessing Guide were "summer cottage", but since there was no reason for the restriction to "summer" the word "summer" was deleted when the interpretation bulletin was produced to replace the Assessing Guide.
We acknowledge that the matter is not entirely free from doubt and that an argument can be made that the word "dwelling" connotes a person's place of residence. However, it is now generally accepted that a person may have more than one residence. We also note that Black's Law Dictionary, Fifth Edition, states that the term "dwell" is synonymous with "sojourn".
K.H.M.for DirectorReorganizations and Non-Resident DivisionSpecialty Rulings DirectorateLegislative and Intergovernmental Affairs Branch