| 19(1) | File No. 5-8849 |
| P. Diguer | |
| (613) 957-2120 |
November 14, 1989
Dear Sirs:
Re: Sections 74.1 to 74.5 of the Income Tax Act (Canada) (the "Act")
We are writing in response to your letter dated October 5, 1989 in which you requested written confirmation concerning the Department's current position regarding acceptance of requests for advance rulings involving estate freezes in favour of a spouse.
Due to the general nature of your enquiry, our comments themselves can, of necessity, be only very general in nature.
Requests for rulings involving estate freezes in favour of a spouse will be considered by the Department. However, in view of the income attribution rules under sections 74.1 to 74.5, it is unlikely that the Department would provide a favourable ruling on this issue unless the corporation involved is a small business corporation as defined in subsection 248(1) of the Act. By virtue of paragraph 74.4(2)(c), the attribution rules found in subsection 74.4(2) of the Act will not apply where the freeze company is a small business corporation.
The foregoing comments represent our general views with respect to the subject matter of your letter. In accordance with paragraph 24 of Information Circular 70-6R, the views expressed herein do not constitute advance income tax rulings and consequently are not binding on the Department.
Yours truly,
for DirectorReorganizations and Non-Resident DivisionSpecialty Rulings DirectorateLegislative and IntergovernmentalAffairs Branch