Vol. 141, No. 23 — November 14, 2007
Registration
SI/2007-99 November 14, 2007
Certain Former Employees of SDL Optics, Inc. Remission Order
P.C. 2007-1635 October 25, 2007
Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of National Revenue, pursuant to subsection 23(2) (see footnote a) of the Financial Administration Act, hereby makes the annexed Certain Former Employees of SDL Optics, Inc. Remission Order.
CERTAIN FORMER EMPLOYEES OF SDL OPTICS, INC. REMISSION ORDER
INTERPRETATION
1. In this Order, "employment benefit" means a benefit under subsection 7(1) of the Income Tax Act in respect of the acquisition of shares, in 1999 and 2000, through the stock purchase plan for employees of SDL Optics, Inc.
REMISSION
2. Remission is granted to the taxpayers set out in column 1 of the schedule for the amount set out in column 2, in respect of the 1999 or 2000 taxation years, as the case may be, which represents,
(a) for those taxpayers set out in items 1 to 21 of the schedule, all or a portion of tax paid or payable under Part I of the Income Tax Act in respect of an employment benefit; or
(b) for those taxpayers set out in items 22 to 42 of the schedule, all or a portion of interest paid or payable under Part I of that Act, on tax paid or payable under that Part in respect of an employment benefit.
CONDITIONS
3. The remission set out in paragraph 2(a) is granted with one of the following conditions:
(a) in respect of those taxpayers set out in items 1, 4 to 11, 13, 15, and 17 to 19 of the schedule, that the taxpayer agrees to reduce the adjusted cost base of any shares held at the close of the stock markets on December 29, 2006 that were, or are identical to those, purshased in 1999 or 2000 through the stock purchase plan for employees of SDL Optics, Inc. by the amount set out in column 2 of the schedule, divided be the taxpayer's effective federal tax rate on the employment benefit; and
(b) in respect of those taxpayers set out in item 2, 3, 12, 14, 20 and 21 of the schedule, that the taxpayer agrees not to claim a deduction in respect of net capital losses, equal to one-half the amount set out in column 2 of the schedule, divided by the taxpayer's effective federal tax rate on the employment benefit.
SCHEDULE
(Sections 2 and 3)
Item |
Column 1 Taxpayer |
Column 2 Amount ($) |
|---|---|---|
| 1. | Sheri Colwell | 1,430.92 |
| 2. | Timothy Couch | 6,551.90 |
| 3. | Grant Coulombe | 7,261.63 |
| 4. | Rhonda Fleming | 10,753.70 |
| 5. | Vicki Harris | 15,868.95 |
| 6. | Hanna Kowalski | 3,563.23 |
| 7. | John Lauder | 734.62 |
| 8. | Howard Lo | 14,285.42 |
| 9. | Timothy Ying Tai Lo | 30,675.50 |
| 10. | Laura Meyer | 134,847.28 |
| 11. | Christie Michaud | 2,587.67 |
| 12. | Christine Mollerud | 183,371.94 |
| 13. | Anthony Ong | 14,247.68 |
| 14. | Mark Ord | 2,718.19 |
| 15. | Dennis Rasmussen | 3,975.60 |
| 16. | Dean Rheault | 4,038.83 |
| 17. | Cornelis Scheffer | 672.63 |
| 18. | Pamela Shwab | 183.47 |
| 19. | Peter Stern | 5,945.87 |
| 20. | Penny Taylor | 20,202.28 |
| 21. | Sandra Woodward | 2,641.04 |
| 22. | Victoria Barter | 14,589.26 |
| 23. | Allan Baxter | 3,451.66 |
| 24. | David Bengston | 441.50 |
| 25. | David Benson | 860.22 |
| 26. | Shannon Campbell | 3,390.45 |
| 27. | Timothy Couch | 1,679.34 |
| 28. | Grant Coulombe | 2,733.15 |
| 29. | Gloria Davenport | 21,102.90 |
| 30. | Connie Gethings | 479.08 |
| 31. | Don Hargreaves | 12,706.01 |
| 32. | Howard Lo | 1,003.51 |
| 33. | Laura Meyer | 52,089.41 |
| 34. | Tracy Mills | 47,108.37 |
| 35. | Christine Mollerud | 179,260.64 |
| 36. | Carina Paredes | 3,287.87 |
| 37. | Martha Perdomo | 543.98 |
| 38. | Dean Rheault | 1,584.06 |
| 39. | Penny Taylor | 28.91 |
| 40. | Richard Van Acken | 51.82 |
| 41. | Joseph Wood | 14,330.76 |
| 42. | Sandra Woodward | 3.30 |
EXPLANATORY NOTE
(This note is not part of the Order.)
The Order remits all or a portion of federal income tax paid or payable in respect of the 1999 or 2000 taxation years, as the case may be, by certain former employees of SDL Optics, Inc. Those individuals qualify for tax remission if the tax assessed on the employment benefit associated with shares acquired in 1999 or 2000 through the stock purchase plan for employees of SDL Optics, Inc. exceeds the total of the proceeds of disposition realized on the disposition of those shares and the market value of any of those shares held at the close of stock markets on December 29, 2006. The amount remitted is subject to certain conditions and adjustments.
The Order also remits, to certain former employees of SDL Optics, Inc., all or a portion of interest paid or payable on tax paid or payable on an employment benefit in respect of shares acquired in 1999 or 2000 through the stock purchase plan for employees of SDL Optics, Inc.
S.C. 1991, c. 24, s. 7(2)
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