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The basic rule under new subsection 84.1(l) is that the maximum amount that can be received by the transferor from the transferee corporation as proceeds in the form of any non-share consideraion and the paid-up capital of the share consideration is restricted to the greater of the paid-up capital of the transferred shares and what might be referred to as the transferor's arm's length actual adjusted cost base of the shares. New paragraph 84.l(l)(b) treats the purchaser corporation as having paid a dividend to the transferor where the aggregate of the amount of the increase in the legal paid-up capital of its shares arising as a result of the share transfer and the fair market value of the non-share consideration given by it for the transferred shares exceeds the total of (a) the greater of the adjusted cost base, as modified under new paragraph 84.1(2) (a) or (a.1), to the transferor of the transferred shares and the paid-up capital of the transferred shares, and (b) the total paid-up capital reductions required by paragraph 84.1(l) (a) to be made by the purchaser corporation. ...

Quoi qu'étant un important facteur d'appréciation, la superficie d'un élément d'actif utilisé directement dans une entreprise active n'est pas le seul critère devant être pris en considération. Par exemple, la portion de la J.V.M. de l'élément d'actif qui est directement utilisé dans l'entreprise active devra également être prise en considération. ...

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. ...

However, the concept of local transportation may be addressed in provincial legislation regulating remunerated truck transportation services within a province and it is our opinion chat where a provincial truck transportation act establishes the boundaries surrounding an urban or metropolitan area in that province within which local transportation takes place, that boundary would be an important consideration in the determination of what constitutes "hauling freight locally". ... Taking into consideration these definitions, in our opinion, for the province of Ontario travel within an urban municipality which can be loosely defined as an incorporated city or town should be considered commercial travel. ...

It is the Department's view that, pursuant to paragraph 84(5)(d) of the Act, the amount paid by the corporation on the redemption, acquisition or cancellation of the shares so transferred to the corporation is, for the purposes of paragraph 84(3)(a) of the Act, the amount by which the paid-up capital of the class of shares is increased by virtue of the issue of the other shares as consideration for the shares so transferred to the corporation. You have also asked whether, in such circumstances, subsection 245(2) of the Act would apply to deny any tax benefit that may result under the rules set out in subsection 85(3) of the Act if subsection 85(2) applied to the disposition of the shares to the issuer corporation, the affairs of the partnership were wound `up within 60 days after the disposition and, immediately before such winding-up, there was no partnership property other than money or property received from the corporation as consideration for the disposition. ...

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. ...

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. ...

If such a guideline is to be maintained, we suggest that any period over a month be reviewed on an individual basis to take into consideration such factors as the industrial practice (i.e. offshore drilling personnel usually work 30 days on and 30 days off), the nature of the work performed, and the remoteness of the work site from any established community, etc. ... We have also suggested other minor editing changes to the draft IC for your consideration as noted thereon to add clarity to the subject matters at issue. ...

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, 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. ...