Search - considered

At the end of the day, the result is that any conviction for an offence that involves a form of financial dishonesty will always be relevant, whether or not the offence is considered criminal. ... To anticipate one of your questions, you might ask what would be considered “activities in the national interest of Canada”? ... Given the important role it plays, the hospital would likely be considered to be carrying on activities in the national interest of Canada. ...

When a person dies, they are considered to have sold all their property just prior to death, even though there is no actual disposition or sale. ... If property or assets are transferred to other beneficiaries Capital property (such as real estate, investments, or personal belongings) owned by the person who died is considered to be disposed of by that person immediately before their death at fair market value, and may result in a capital gain or a capital loss which must be reported on Schedule 3 of the Final Return. ... Capital gains may result from transactions in which no tax slips are issued Report on line 12700 and Schedule 3 of the deceased's Final Return The taxable portion of capital gains are included in income A person who died is considered to have disposed of all the property they own right before death. ...

Applying a vaping excise stamp is not considered to be a part of packaging. ... Note: Vaping products taken for sampling purposes where the product will be consumed are not considered as sent for analysis. ...

The builder is considered to have paid and collected the GST/HST on the self-supply. ... You are considered to have paid and collected the HST at 14% on the self-supply of the apartment building. ... You are considered to have paid and collected the HST at 15% on the self-supply of the entire duplex (that is, building and land). ...

"Related persons" are not considered to deal with each other at arm’s length. ... The following factors are useful criteria that will be considered in determining whether parties are not dealing at arm's length: the existence of a common mind which directs the bargaining for both parties to a transaction; the parties to a transaction are "acting in concert" without separate interests; " acting in concert " means, for example, a group acting with considerable interdependence in transactions involving a common purpose; or the existence of control of one party by the other by way of, for example, advantage, authority or influence. ... The following are not considered to be "swap transactions": Contributions, distributions and transfers between TFSAs of the holder; or Transaction related to insured mortgage loans; An exception is also provided to allow individuals to "swap out" a non-qualified or prohibited investment provided that the conditions for a refund of the 50% tax on such investments are met. ...

Shares are considered to be "taken up" at the time of payment if this occurs before the period of acceptance expires and there is no indication that the offeror acquired the usual ownership rights before that time. ... A purchaser's right to dividends, voting rights and right to a return of capital in the event of the corporation's dissolution are considered to be important factors in determining beneficial ownership. ... As long as such restrictions can reasonably be regarded as being for the protection of the vendor's right to collect the sale price, they are not considered significant in determining beneficial ownership. ...

If the taxpayer has considered, in advance, the functions performed by the related entities and the availability of comparable information, the decision to bundle or not should be easier to justify and document in writing. ... In order to make reasonable efforts, the onus is on the taxpayer to have accurately described and to have considered, in advance, whether the arm's length principle is being followed for all related party transactions, bundled or not. Bundling is also an issue that should be considered for all payments to non-residents (even if the parties are not related) as it may have reduced or eliminated, otherwise applicable, withholding taxes. ...

It is considered that this documentation package is consistent with the general principles outlined in Chapter V of the Organisation for Economic Co-operation and Development Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations ("OECD Guidelines"). ... The list of documents below is considered to be exhaustive. That is, it includes all documents that the PATA tax administrations view as necessary in order to provide transfer pricing penalty relief under this package. ... Organizational structure Identification of the participants in the related party dealings and their relationship (with a brief history of and any significant changes in the relationship), including associated enterprises whose transactions directly or indirectly affect the pricing of the related party dealings A description of taxpayer's worldwide organizational structure (including an organization chart) covering all associated enterprises engaged in transactions potentially relevant to determining an arm's length price for the documented transactions Nature of the business/industry and market conditions An outline of the business including a relevant recent history of the taxpayer, the industries operated in, the general economic and legal issues affecting the business and industry, and the taxpayer's business lines The corporate business plans to the extent they give an insight into the nature and purpose of the relevant transactions between the associated enterprises A description of internal procedures and controls in place at the time of the related party dealings Analysis of the economic and legal factors that affect the pricing of taxpayer's property and services A description of the structure, intensity and dynamics of the relevant competitive environment(s) A description of intangible property potentially relevant to the pricing of the taxpayer's property or services in the controlled transactions Copies of annual reports and financial statements for the year to which the Package relates and the prior five years Information as to the functions performed, assets employed and risks assumed relevant to the transactions An explanation of capital relationships (for example, balance and source of debt and equity funding) relevant to the transactions Controlled transactions A description of the controlled transactions that identifies the property or services to which the transaction relates and any intangible rights or property attached thereto, the participants, the scope, timing, frequency of, type, and value of the controlled transactions (including all relevant related party dealings in relevant geographic markets), as well as the currency of the transactions, and the terms and conditions of the transactions and their relationship to the terms and conditions of each other transaction entered into between the participants Identification of internal data relating to the controlled transactions Copies of all relevant inter-company agreements Assumptions, strategies, policies Relevant information regarding business strategies and special circumstances at issue, for example, set-off transactions, market share strategies, distribution channel selection and management strategies that influenced the determination of transfer prices If the taxpayer pursues a market share strategy, documentation demonstrating that appropriate analysis was done prior to implementing the strategy, that the strategy is pursued only for a reasonable period, and that the costs borne by each associated enterprise are proportionate to projected benefits to such enterprise Assumptions and information regarding factors that influenced the setting of prices or the establishment of any pricing policies for the taxpayer and the related party group as a whole Cost contribution arrangements (CCA) Footnote 5 A copy of the CCA agreement that is contemporaneous with its formation (and any revision) and any other agreements relating to the application of the CCA between the CCA participants A list of the arrangement's participants, and any other associated enterprises that will benefit from the CCA The extent of the use of CCA property by associated enterprises which are not CCA participants, including the amounts of consideration paid or payable by these non-participants for use of the CCA property A description of the scope of the activities to be undertaken, including any intangible or class of intangibles in existence or intended to be developed A description of each participant's interest in the results of the CCA activities The duration of the arrangement Procedures for and consequences of a participant entering or withdrawing from the agreement (i.e., buy-in and buy-out payments) and for the modification or termination of the agreement The total amount of contributions incurred pursuant to the arrangement The contributions borne by each participant and the form and value of each participant's initial contributions (including research) with a description of how the value of initial and ongoing contributions is determined and how accounting principles are applied A description of the method used to determine each participant's share of the contributions including projections used to estimate benefits, any rationale and assumptions underlying the projections, and an explanation of why that method was selected The consistent accounting method used to determine the contributions and benefits (including the method used to translate foreign currencies), and to the extent that the method materially differs from accounting principles accepted in the relevant PATA member's country, an explanation of the material differences Identification of each participant's expected benefits to be derived from the CCA, the extent of the benefits expected, and the formula and projections used for allocating or sharing the expected benefits, and the rationale and assumptions underlying the expected benefits Where material differences arise between projected benefits and actual benefits realized, the assumptions made to project future benefits need to be amended for future years, and the revised assumptions documented Procedures governing balancing payments, e.g. where payments are required to reflect differences between projected benefits and actual benefits realized Comparability, functional and risk analysis Description of the comparables including, for tangible property, its physical features, quality, availability; for services, the nature and extent of the services; and for intangible property, the form of the transaction, the type of intangible, the rights to use the intangible that are assigned, and the anticipated benefits from its use Documentation to support material factors that could affect prices or profits in arm's length dealings For the taxpayer and the comparable, identify the factors taken into account by the taxpayer to evaluate comparability, including the characteristics of the property or service transferred, the functions performed (and the significance of those functions in terms of their frequency, nature and value to the respective parties), the assets employed (taking into consideration their age, market value, location, etc.), the risks assumed (including risks such as market risk, financial risk, and credit risk), the terms and conditions of the contract, the business strategies pursued, the economic circumstances (for example, the geographic location, market size, competitive environment, availability of substitute goods and services, levels of supply and demand, nature and extent of government regulations, and costs of production, etc.), and any other special circumstances Criteria used in the selection of comparables including database screens and economic considerations Identification of any internal comparables Adjustments (and reasons for those adjustments) made to the comparables Aggregation analysis (grouping of transactions for comparability) Supporting transfer pricing methodology or methodologies used, if any If a range is used, documentation supporting the establishment of the range Extension of the analysis over a number of years with reasons for the years chosen, where relevant Selection of the transfer pricing method Description of the method selected and the reasons why it was selected, including, for example, economic analysis and projections relied upon Description of the data and methods considered and the analysis performed to determine the transfer pricing and an explanation of why alternate methods considered were not selected Application of the transfer pricing method Documentation of assumptions and judgments made in the course of determining an arm's length outcome (refer to the comparability, functional and risk analysis section above) Documentation of all calculations made in applying the selected method, and of any adjustment factors, in respect of both the taxpayer and the comparable Appropriate updates of prior year documentation relied upon in the current year to reflect adjustments for any material changes in the relevant facts and circumstances Index to documents Background documents Documents that provide the foundation for or otherwise support or were referred to in developing the transfer pricing analysis General index of documents and a description of the record-keeping system used for cataloging and assessing those documents (required in the United States and encouraged, but not required, by other PATA members). 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For purposes of the ETA, ''gift certificate'' includes a gift card provided the gift card meets all the conditions to be considered a gift certificate. ... Upon redemption, the certificates are considered to be coupons for GST/HST purposes and are subject to the provisions of section 181 of the ETA. ... To be considered a gift certificate for GST/HST purposes, the certificate cannot have any intrinsic value. ...

In general, a housing unit will be considered to be a qualifying individual’s principal residence where it is ordinarily inhabited (or is expected to be ordinarily inhabited within that tax year) by the qualifying individual and it is owned (either jointly or otherwise) by the qualifying individual or the qualifying individual’s spouse or common-law partner. ... In the case where a qualifying individual does not own a principal residence, a dwelling will also be considered to be an eligible dwelling of the qualifying individual if it is the principal residence of an eligible individual in respect of the qualifying individual who ordinarily inhabits that dwelling with the eligible individual. Generally, land of ½ hectare (1.24 acres), including the land upon which the housing unit stands and any portion of the adjoining land, will be considered part of the eligible dwelling. 6. ...