Search - connection

See also paragraph 139(1)(«e) of the Income Tax Act which includes as “personal and living expenses” and therefore not deductible for tax purposes, the expenses of properties maintained by the taxpayer for his own use and benefit, and not maintained in connection with a business carried on for profit or with a reasonable expectation of profit. ...

Paragraph 212(1)(d) of the Income Tax Act reads as follows: (1) Every non-resident person shall pay an income tax of 25% (15% for the purpose of these appeals) on every amount that a person resident in Canada pays or credits, or is deemed by Part I to pay or credit, to him as, on account of or in lieu of payment of, or in satisfaction of, (d) Rents, royalties, etc—rent, royalty or a similar payment, including, but not so as to restrict the generality of the foregoing, any payment (i) for the use of or for the right to use in Canada any property, invention, trade name, patent, trade mark, design or model, plan, secret formula, process of other thing whatever, (ii) for the information concerning industrial, commercial or scientific experience where the total amount payable as consideration for such information is dependent in whole or in part upon (A) the use to be made thereof or the benefit to be derived therefrom, (B) production or sales of goods or services, or (C) profits, (iii) for services of an industrial, commercial or sceintific character performed by anon-resident person where the total amount payable as consideration for such services is dependent in whole or in part upon (A) the use to be made thereof or the benefit to be derived therefrom, (B) production or sales of goods or services, or (C) profits, but not including a payment made for services performed in connection with the sale of property or the negotiation of a contract, (iv) made pursuant to an agreement between a person resident in Canada and a non-resident person under which the non-resident person agrees not to use or not to permit any other person to use any thing referred to in subparagraph (i) or any information referred to in subparagraph (il), or (v) that was dependent upon the use of or production from property in Canada whether or not it was an instalment on the sale price of the property, but not including an instalement on the sale price of agricultural land, but not including (vi) a royalty or similar payment on or in respect of a copyright, (vii) a payment in respect of the use by a railway company of a property that is railway rolling stock as defined in the definition “rolling stock” in section 2 of the Railway Act (A) if the payment is made for the use of that property for a period or periods not expected to exceed in the aggregate 90 days in any 12 month period, or (B) in any other case, if the payment is made pursuant to an agreement in writing entered into before November 19, 1974; (viii) a payment made under a bona fide cost-sharing arrangement under which the person making the payment shares on a reasonable basis with one or more non-resident persons research and development expenses in exchange for an interest in any or all property or other things of value that may result therefrom, (ix) a rental payment for the use of or the right to use outside Canada any corporeal property, or (x) any payment made to a person with whom the payer is dealing at arm’s length, to the extent that the amount thereof is deductible in computing the income of the payer under Part I from a business carried on by him in a country other than Canada; The words “rent” or “royalty” are not defined in paragraph 212(1)(d) of the Income Tax Act or elsewhere in the Act. ...

The only connection between the two is that if the emergency system is called into play, the distribution of the power will be over the same system, in part, used in the regular distribution of power. ...

The respondent contended that: —the amount of $4,221.14 did not relate to the expenses of properties maintained in connection with a business carried on for profit or with a reasonable expectation of profit; —the amount of $4,221.14 claimed as a deduction represented personal or living expenses of the appellant. ...

He had no office, no classes, performed no services, and had no connection with the university except that he persisted in his endeavour in that period to have the decision reversed. ...

The partnership transferred to the appellant corporation all of its assets in connection with the carrying on of its business. 4. ...

The continued connection of the appellant with the business was therefore of very great importance, not only to a potential purchaser such as Burke who had no experience in the insurance business, but also to potential purchasers already in the business, such as Whitehead. ...

Minister of National Revenue, [1979] CTC 2277, 79 DTC 284 Delmer E Taylor:—This is an appeal heard at the City of Toronto, Ontario, on February 26,1979 and deals with an income tax assessment in which the Minister of National Revenue assessed to tax in the year 1976 an amount of $17,500 received in connection with the termination of the appellant’s employment. ...

(b) The Vendor shall assume the following costs where applicable: (i) Mortgage insurance fee on NHA mortgage (ii) NHA mortgage application fee (iii) Legal costs and disbursements in connection with the preparation of transfer and mortgage (iv) Costs of survey for loan purposes. ...

Law—Jurisprudence—Comments 4.1 Law The main sections of the new Act involved in the present case are subsection 28(1) and section 248 (definition of farming) which reads as follows: Farming business. (1) For the purpose of computing the income of a taxpayer for a taxation year from a farming business, the income from the business for that year may, if the taxpayer so elects, be computed in accordance with a method (in this section referred to as the “cash” method) whereby the income therefrom for that year shall be deemed to be an amount equal to the aggregate of (a) all amounts that (i) were received in the year, or are deemed by the Act to have been received in the year, in the course of carrying on the business, and (ii) were in payment of or on account of an amount that would if the income from the business were not computed in accordance with the cash method, be included in computing income therefrom for that or any other year, and (b) such amount, if any, as may be specified by the taxpayer in respect of the business in his return of income under this Part for the year, not exceeding the fair market value at the end of the year of livestock (other than animals included in this basic herd within the meaning assigned by section 29) owned by him at that time in connection with the business minus the aggregate of (c) all amounts that (i) were paid in the year, or are deemed by this Act to have been paid in the year, in the course of carrying on the business, and (ii) were in payment of or on account of an amount that would, if the income from the business were not computed in accordance with the cash method, be deductible in computing income therefrom for that or any other year, and (d) the amount, if any, specified by the taxpayer in respect of the business in accordance with paragraph (b) in his return of income under this Part filed for the immediately preceding taxation year; and minus any deductions for the year permitted by paragraphs 20(1)(a) and (b). 248. ...