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Where the property considered is a rental property held by a particular corporation, the property generally will be considered to be a business property where the income from the property can be considered active business income. On the other hand, where the income from the rental property can be considered to be income from property or income from a specified investment business, the rental property generally will be considered to be an investment property. Where the property considered is a share of a corporation held by a particular corporation, the share may be considered to represent any or all of the three different types of property depending upon the circumstances. ...

Where a property considered is a rental property held by a particular corporation, the property generally will be considered to be a business property where the income from the property can be considered active business income. On the other hand, where the income from the rental property can be considered to be income from property or income from a specified investment business, the rental property generally will be considered to be an investment property. Where the property considered is a share of a corporation held by a particular corporation, the share may be considered to represent any or all of the three different types of property depending upon the circumstances. ...

Where the property considered is a rental property held by a particular corporation, the property generally will be considered to be a business property where the income from the property can be considered active business income. On the other hand, where the income from the rental property can be considered to be income from property or income from a specified investment business, the rental property generally will be considered to be an investment property. Where the property considered is a share of a corporation held by a particular corporation, the share may be considered to represent any or all of the three different types of property depending upon the circumstances. ...

REASONS: It is our understanding that in common law a restrictive covenant is considered an equitable interest in the land and therefore, it would not be considered real property. 960999 XXXXXXXXXX Wm. ... OUR VIEWS The determination of whether a restrictive covenant would be considered real property would be made pursuant to the relevant statutory provisions and case law. It is our understanding that in common law a restrictive covenant would not be considered real property. ...

Since each separate organization operates independently and would be considered a person as defined in subsection 248(1) of the Act each of the XXXXXXXXXX organizations would be considered a separate employer. ... Therefore, the XXXXXXXXXX organizations would not be considered to be associated employers. To summarize, it is our view that for purposes of section 126.1 of the Act the XXXXXXXXXX organizations would be considered separate employers who are not considered to be associated employers. ...

In the 1993 CRA View 9323775, the CRA commented that: “To be included in the determination of the CDA of a corporation the proceeds must be considered to be received by the corporation. If the amounts are received by a trust, other than a bare trust, and then distributed to the corporation, they are not considered to be insurance proceeds, rather they are a distribution from a trust…. ... The CRA has on numerous occasions set out requirements for a trust to be considered a bare trust and thus effectively ignored for the purposes of the Act. ...

You have asked whether the interest expense is considered an investment expense and the partnership income is considered investment income for the purposes of subsection 110.6(1) of the Act. ... In the situation where the partnership derives its income solely from an active business, the interest expense would not be considered an investment expense and the partnership income would not be considered investment income for purposes of subsection 110.6(1) of the Act. 2. In the situation where the partnership has both income from an active business and income from property, the portion of the interest expense reasonably attributable to the taxpayer's share of the property income would be considered an investment expense and the taxpayer's share of the partnership's property income would be considered investment income for purposes of subsection 110.6(1) of the Act. ...

In our view, it is entirely a question of fact whether the cultivation of fish can be considered to be "farming for the purposes of the definition in subsection 248(1) of the Act. ... When determining whether business operations are of the same kind, the principal factor to be considered is the type of business the taxpayer is in.  See Interpretation Bulletin IT-206R for a fuller discussion of these and other factors to be considered.  ...

In our view, it is entirely a question of fact whether the cultivation of fish can be considered to be "farming" for the purposes of the definition in subsection 248(1) of the Act. ... When determining whether business operations are of the same king, the principal factor to be considered is the type of business the taxpayer is in. See Interpretation Bulletin IT-206R for a fuller discussion of these and other factors to be considered. ...

For these purposes, current liabilities of a corporation are not considered to relate to any particular asset of the corporation. ... For example, a loan secured by a mortgage of real property would generally be considered to relate to that property regardless of the direct use of the proceeds of the loan. ... Where no particular asset was acquired by the corporation either with the proceeds of the borrowing or as a result of the corporation incurring a particular liability, the liability will generally not be considered to relate to any particular asset. ...