Principal Issues:
Whether a program for children's swimming lessons held for more than eight weeks but not eight consecutive weeks because of an interruption for a statutory holiday in one week is eligible for the children's fitness tax credit.
Position:
Yes, assuming that all other requirements are met.
Reasons:
If a particular swimming program takes place several times during the year and lessons are normally held for 8 consecutive weeks (or more), then assuming that all the other criteria are met, CRA will consider the consecutive week requirement to be met in a situation in which 8 or more sessions are held, but a statutory holiday interrupts the consecutive week requirement during one particular session of the program.
XXXXXXXXXX 2009-031093
I. Landry, M. Fisc.
April 17, 2009