Search - considered

(Tax Window, No. 1, p. 9, ¶1166)-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 Because the taxpayer's activities in Canada must be considered in relation to its business activities elsewhere, a U.S. resident will not be precluded from being considered to have a permanent establishment in Canada by virtue only of the Canadian activities having no expectation of profit. ...

5 January 2011 External T.I. 2008-0305252E5- Taxation of Post-Doctoral Fellowships-- summary under Subsection 5(1) Summary Under Tax Topics- Income Tax Act- Section 5- Subsection 5(1) Income from a post-doctoral fellowship generally is considered to flow from a period of paid training, i.e., post-doctoral students generally are analogous to articling students or medical residents, so that they are considered to be employees rather than students. ...

21 October 1991 T.I. 912692-- summary under Section 67 Summary Under Tax Topics- Income Tax Act- Section 67 Management fees paid by a professional practitioner to a related corporation generally will be considered deductible if they do not exceed 115% of the reasonable cost incurred by the corporation. A mark-up on outlays or expenses attributable directly to the practice of the profession would be considered unreasonable. ...

28 January 1994 External T.I. 9332425 F- Medical Expenses- Fees to Dietitian or Nutritionist-- summary under Subsection 118.4(2) Summary Under Tax Topics- Income Tax Act- Section 118.4- Subsection 118.4(2) A dietician who is qualified under s. 7 of the Dietetics Act (Ontario) will be considered to be a medical practitioner. However, a nutritionist will not be considered to be a medical practitioner except to the extent that she qualifies as a dietician. ...

21 October 1991 TI 912692 (Tax Window, No. 12, p. 22, 1545)-- summary under Related Companies Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Related Companies Management fees paid by a professional practitioner to a related corporation generally will be considered deductible if they do not exceed 115% of the reasonable cost incurred by the corporation. A mark-up on outlays or expenses attributable directly to the practice of the profession would be considered unreasonable. ...

21 October 1991 TI 912692 (Tax Window, No. 12, p. 22, 1545)-- summary under Related Companies Summary Under Tax Topics- Income Tax Act- Section 9- Related Companies Management fees paid by a professional practitioner to a related corporation generally will be considered deductible if they do not exceed 115% of the reasonable cost incurred by the corporation. A mark-up on outlays or expenses attributable directly to the practice of the profession would be considered unreasonable. ...

(Tax Window, No. 11, p. 6, ¶1538)-- summary under Paragraph 108(2)(b) Summary Under Tax Topics- Income Tax Act- 101-110- Section 108- Subsection 108(2)- Paragraph 108(2)(b) The activity of buying commodity futures contracts long or short is considered to be investing; and unit trusts which comply with the redemption conditions imposed by the applicable provincial securities commission generally will be considered to satisfy the requirements for a redemption under s. 108(2)(a)(i). ...

2006 Ruling 2006-0173601R3- Permanent establishment-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 A representative office of a foreign bank whose activities were restricted to the general promotion in Canada of the foreign bank's products and services, and acting as a liaison between Canadian customers (or potential customers) and the foreign bank, would be considered to be engaged in activities of a preparatory or auxiliary nature and, therefore, would not be considered to be a permanent establishment under the applicable Treaty. ...

(March 1990 Access Letter, ¶1158)-- summary under Subsection 245(4) Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(4) The sale by a corporation with non-capital losses which are about to expire of a capital property to its wholly-owned subsidiary at fair market value would not ordinarily be considered to result in a misuse or abuse. However, there will be considered to be a misuse or abuse if the transfer of the assets was undertaken to avoid a specific rule. ...

(Tax Window, No. 32, p. 15, ¶2611)-- summary under Subsection 122.3(1) Summary Under Tax Topics- Income Tax Act- Section 122.3- Subsection 122.3(1) Activities of developing computer software must involve the use of engineering knowledge in order to be considered an engineering activity, and the provision of instruction and advice on computer programs and maintenance will not be qualified activities. An employer will not be considered to be carrying on business in the foreign country unless the activity is a principal activity of the employer. ...