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The shares in the capital stock of Newco that will be issued as described in paragraph 17 below will not be, at any time during the implementation of the proposed transactions described herein: (1) the subject of any undertaking that is referred to in subsection 112(2.2) of the Act as a "guarantee agreement"; (2) the subject of a dividend rental arrangement as that term is defined in subsection 248(1) of the Act; (3) the subject of any secured undertaking of the type described in paragraph 112(2.4)(a); or (4) issued for consideration that is or includes: (a) an obligation of the type described in subparagraph 112(2.4)(b)(i), other than an obligation of a corporation that is related (otherwise than by reason of a right referred to in paragraph 251(5)(b)); or (b) any right of the type described in subparagraph 112(2.4)(b)(ii). 11. ...

Furthermore, the consideration for which any of the shares are issued will not include an obligation of an unrelated investor to make payments, any portion of which would be required to be included in computing the income of the issuer, nor will it include any right to receive payments or property that may revert to the investor. 14. ...

.), à la page 669, le commissaire Weldon résuma en les termes suivants l'application de l'alinéa 400(2)b) du Règlement en regard d'une entreprise oeuvrant dans le domaine des ventes: " However, when all is said and done, the important consideration in deciding whether or not there is a permanent establishment in a province, at least in the field of sales, can be reduced, in my view, to one question- Is there a definite sales organization large or small in that province, set up on a permanent or stable basis, which is clothed with authority to transact business, complete sale contracts, and arrange shipment of the products covered thereunder? ...

While it may carry some weight, the most important considerations are the location of the revenue-generating activities, and the location of the customers of the business. ...

It is contemplated that a commitment fee could be charged in consideration for the conditional or firm undertaking to make capital available to an Investee. ...

It is our view that this choice is a feature of a plan that falls within the parameters of paragraph 6801(d) of the Regulations and does not give rise to a circular consideration of whether or not this election, in and of itself, creates an SDA- it does not. ...

Our views An amount paid as a premium, contribution or other consideration under a "private health services plan" (PHSP) in respect of the individual and/or the individual's spouse qualifies as a medical expense under paragraph 118.2(2)(q) of the Income Tax Act to the extent that the payment was not deducted by the individual as a business expense under subsection 20.01(1) of the Act. ...

Tax Avoidance Our comments have not taken into consideration whether the share structure of the company and the shareholders' agreement are avoidance transactions that would result in a tax benefit, and we have not reviewed the possibility of applying GAAR in this situation. ...

While certain auctioneers may as a practical consideration defer payment to the vendor until such time as the purchaser's cheque has cleared, this does not change the position that the funds belong to the vendor as of the time the auctioneer has declared the livestock to be sold. ...

While it may carry some weight, the most important considerations are the location of the revenue-generating activities. ...