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If the funding taxpayer receives, in consideration for a reasonable royalty payable to such a researcher, the exclusive rights to manufacture and distribute in Canada products made as a result of using those rights, the funding taxpayer would normally be considered to be entitled to exploit the results of the SR&ED performed. This entitlement will not be affected in the situation where that funding taxpayer also had the rights to manufacture and distribute products outside Canada and assigned those rights to another corporation in consideration for royalties to be received based on the use of those rights. ...

Consequently, while CPP contributions that are required to be paid during the leave period are to be deducted and remitted by the trustee as by any other employer, those CPP contributions paid in the year prior to the leave period must be taken into consideration by the trustee. ... However, since CPP contributions made during the year prior to the leave period are to be taken into consideration by the trustee, the amount of contributory earnings reported by the trustee may not coincide with the earnings reported in box "C" for that particular year. ...

Consequently, while CPP contributions that are required to be paid during the leave period are to be deducted and remitted by the trustee as by any other employer, CPP contributions paid in the year prior to the leave period must be taken into consideration by the Trustee. ... However, since CPP contributions made during the year prior to the leave period are to be taken into consideration by the trustee, the amount of contributory earnings reported by the trustee may not coincide with the earnings reported in box “C” for that particular year. ...

Consequently, while CPP contributions that are required to be paid during the leave period are to be deducted and remitted by the trustee as by any other employer, those CPP contributions paid in the year prior to the leave period must be taken into consideration by the trustee. ... However, since CPP contributions made during the year prior to the leave period are to be taken into consideration by the trustee, the amount of contributory earnings reported by the trustee may not coincide with the earnings reported in box "C" for that particular year. ...

Cette conclusion repose sur la détermination des actions qui doivent être prise en considération au niveau de l'alinéa 256(1.2)c) de la Loi. ... Puisque le paragraphe 256(1.2) de la Loi détermine le contrôle d'une corporation aux fins, entre autres, de l'application du paragraphe 256(1) de la Loi, si des actions de catégorie exclue sont effectivement impliquées dans cette détermination, le paragraphe 256(1.6) de la Loi devra être pris en considération et ce, même pour l'application de l'alinéa 256(1)a) de la Loi. ...

Ignoring potential GAAR considerations, would we accept such an argument? ... However, the "royalties" article in a particular income tax convention may provide a possible exemption for consideration paid for the right to produce or reproduce copyrighted video tapes. ...

However, the non- resident taxpayer may elect under subsection 216(1) of the Act to file an income tax return in Canada wherein he may report the rental income and may make any deductions for which he is eligible under the Act (please see Interpretation Bulletin IT- 393R attached). 3) If property is rented by a taxpayer to a non-arm's length party for less than fair market value consideration, subsection 69(1) of the Act may be applied to deem the taxpayer to have received fair market value consideration. 4) Paragraph 20(1)(c) of the Act does not permit a deduction for interest on money borrowed for the purchase of a property unless the property is acquired and maintained for profit or with a reasonable expectation of profit. ...

When a requested interpretation relates to a completed Document Disclosed Pursuant to The Access To Information Act Document Divulgué en vertu de la loi sur l'accès à l'information transaction, it should be referred to the taxpayer's district office for their consideration. ... Whether or not a taxpayer has entered into an agreement in writing before May 23, 1985, under which the taxpayer agrees to incur, for example, Canadian exploration expense ("CEE") solely as consideration for resource flow-through shares of a corporation or a right to be issued such shares, is irrelevant in determining whether subsection 66.3(2) of the Act has application; nor does it matter whether a taxpayer has before May 23, 1985, incurred the requisite CEE under the agreement or received the right to be issued the resource flow-through shares. ...

As stated in its response to question 33 at the 1987 Revenue Canada Roundtable, the Department usually considers that the benefit is equal to the fair market rental for the property less any consideration paid and, in the case of luxury items, the value of such benefits will usually take into account a normal rate of return on the greater of the cost or fair market value of the property. ... The Queen 90 DTC 6322 whereby the existence of an interest free loan which enabled the corporation to purchase the personal use property should be taken into consideration in the determination of the amount of the benefit to be included in each shareholder's income. ...

" When determining value, paragraph 5 of IT-226R says that valuation will vary according to the type of gift and that "the general approach is to value the various interests taking into consideration the fair market value of the property itself, the current interest rates, the life expectancy of any life tenants, and any other factors relevant to the specific case. ... The general approach is to value the various interests Document Disclosed Pursuant to The Access To Information Act Document Divulgué en vertu de la loi sur l'accès à l'information taking into consideration the fair market value of the property itself, the current interest rates, the life expectancy of any life tenants, and any other factors relevant to the specific case. ...