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(Tax Window, No. 28, p. 21, ¶2388)-- summary under Paragraph 251(5)(b) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(5)- Paragraph 251(5)(b) Where a widow is the sole beneficiary of her husband's estate and all the shares of a corporation previously owned by her husband are held by an unrelated trustee, she will be considered to have a right to those shares under s.251(5)(b)(i), with the result that that corporation will be considered to be related to a second corporation that is wholly-owned by her. ...

(Tax Window, No. 9, p. 13, ¶1455)-- summary under Retirement Compensation Arrangement Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Retirement Compensation Arrangement Any security arrangement can be considered a contribution, including the pledging of property as security for the plan, letters of credit, mortgages or asset-backed bank guarantees. An employer who sets apart assets for the benefit of employees in such a way that the assets are not available to creditors also may be considered to have made a contribution. ...

(Tax Window, No. 28, p. 13, ¶2381)-- summary under Subsection 400(2) Summary Under Tax Topics- Income Tax Regulations- Regulation 400- Subsection 400(2) A Canadian corporation whose only business is leasing equipment to franchisees in various provinces and that has no employees in such provinces would not be considered to have a permanent establishment in any of those provinces given that it would not be considered to be using the equipment itself. ...

29 March 2012 External T.I. 2010-0391311E5 F- OBNL, exploitation d'une entreprise-- summary under Paragraph 149(1)(l) Summary Under Tax Topics- Income Tax Act- Section 149- Subsection 149(1)- Paragraph 149(1)(l) Timmins expansive concept of "business" applied CRA quoted from Timmmins, and indicated that an organization whose overall objective is not to earn profit may nonetheless be considered to be carrying on a business if it carries on activities regularly over a period of time, with the result that it would not be considered to be operated exclusively for non-profit purposes. ...

16 February 2010 External T.I. 2010-0354801E5 F- CIRD- construction d'un logement-- summary under Ownership Summary Under Tax Topics- General Concepts- Ownership individual is considered to become owner of home in construction when it becomes habitable In the context of a general inquiry on the home renovation tax credit, CRA stated: In the situation where an individual builds the individual’s housing unit on land owned by the individual, it is generally the CRA's view that the individual will be considered to own a housing unit for HRTC purposes as soon as the housing unit is habitable. ...

10 April 1997 External T.I. 9703265- SUBSTANTIAL CANADIAN PRESENCE-- summary under Paragraph 206(1.1)(d) Summary Under Tax Topics- Income Tax Act- Section 206- Paragraph 206(1.1)(d) If shares are acquired on the date of incorporation and the $250,000 test in s. 206(1.1)(d)(iii)(E) is satisfied later in that calendar year, the shares will be considered to not be foreign property from the date of acquisition. If by December 31 the $250,000 threshold has not been exceeded, the shares will be considered to be foreign property from their date of acquisition. ...

14 January 1999 External T.I. 9828555- CHANGE TO DIVIDEND RATE-- summary under Subsection 15(1) Summary Under Tax Topics- Income Tax Act- Section 15- Subsection 15(1) Where shares bearing a non-cumulative dividend of 10% are exchanged on an s. 86 reorganization for shares bearing a non-cumulative dividend of 15%, the shareholder with the increased dividend rate will be considered to have received an s. 15 benefit, and other shareholders may be considered to have received fair market value proceeds under s. 69(1)(b). ...

14 January 1999 External T.I. 9828555- CHANGE TO DIVIDEND RATE-- summary under Paragraph 69(1)(b) Summary Under Tax Topics- Income Tax Act- Section 69- Subsection 69(1)- Paragraph 69(1)(b) Where shares bearing a non-cumulative dividend of 10% are exchanged on an s. 86 reorganization for shares bearing a non-cumulative dividend of 15%, the shareholder with the increased dividend rate will be considered to have received an s. 15 benefit, and other shareholders may be considered to have received fair market value proceeds under s. 69(1)(b). ...

18 February 1994 External T.I. 9324055- NRO- "MAKING OF A LOAN" (HAA 6666-1)-- summary under Non-Resident-Owned Investment Corporation Summary Under Tax Topics- Income Tax Act- Section 133- Subsection 133(8)- Non-Resident-Owned Investment Corporation Where an NRO is owed a loan receivable from a related taxable Canadian corporation, the making of an election under s. 78(1), or a change to the loan agreement in such a manner that the existing debt obligation is considered to have been disposed of, will result in the NRO being considered to have made a loan to the affiliate. ...

20 May 1994 External T.I. 9405045- STRUCTURED SETTLEMENT UNDER NO FAULT INSURANCE-- summary under Paragraph 56(1)(d) Summary Under Tax Topics- Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(d) Provided that all the requirements of the Insurance Act (Ontario) and relevant regulations are complied with, periodic payments made in settlement of damages for personal injury sustained in an automobile accident will be considered as non-taxable damages. Such a settlement will be considered a structured settlement as contemplated in IT-365R2, if the requirements in paragraph 5 are otherwise met. ...