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Also, such Payments would be included in the meaning of "royalties" within paragraph 4 of article XII of the Canada-US Tax Convention (the "Treaty"),which includes payments received as consideration "for information concerning industrial, commercial or scientific experience". ...

Position: Where 7(1)(b) applies an employee is deemed to receive a benefit equal to the value of the consideration received as a result of the disposition of rights under the stock option minus the amount, if any, paid by the employee to acquire those rights. ...

We would caution, however, that if a corporation were to make repeated or deliberate use of this relief mechanism in order to avoid the application of subsection 4900(15) of the Regulations consideration would be given to the application of the general anti-avoidance rule in section 245 of the Act. ...

., documents 2012-0468271E5, 2012-0439641E5) and supported by court decisions, the general position of the CRA is that a plan will, in general, be considered to be a superannuation or pension plan where contributions have been made to the plan by or on behalf of an employer of an employee in consideration for services rendered by the employee and the contributions are used to provide the employee with an annuity or a pension on or after the employee's retirement. ...

The factors that are considered in the determination that a particular receipt is a windfall include the following: (a) the taxpayer had not enforceable claim to the payment, (b) the taxpayer made no organized effort to receive the payment, (c) the taxpayer neither sought after nor solicited the payment, (d) the taxpayer had no customary or specific expectation to receive the payment, (e) the taxpayer had no reason to expect the payment would recur, (f) the payment was from a source that is not a customary source of income for the taxpayer, (g) the payment was not in consideration for or in recognition of property, services or anything else provided or to be provided by the taxpayer, and (h) the payment was not earned by the taxpayer as a result of activity or pursuit of gain carried on by the taxpayer and was not earned in any other manner. ...

Careful consideration based on the particular facts and circumstances of each case would be required in order to determine whether or not a particular property would be considered a qualified property for the purposes of the Federal investment tax credit. ...

Posadovsky February 16, 2016 Dear XXXXXXXXXX, Re: Amount received for a supplier loyalty agreement We are writing in response to your correspondence concerning the tax treatment of a payment received by a taxpayer in consideration for entering into a supplier loyalty agreement. ...

In our view, for the purpose of the children’s fitness tax credit, supervision requires the presence of a responsible individual for safety considerations as well as for encouraging active participation in the physical activity. ...

Reasons: Based on the respective definition of each term in subsection 248(1) and section 54 taking into consideration the definition of all other relevant terms including the meaning of “capital gain” and “capital loss” as assigned by section 39. ...

Accordingly, we have referred this matter to them for their consideration in the finalization of the proposed legislation. ...