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Technical Interpretation - External summary

11 August 1997 External T.I. 9626335 - WHETHER MULTIPLE PROPERTIES CONSIDERED "A PROPERTY? -- summary under Paragraph 248(21)(c))

11 August 1997 External T.I. 9626335- WHETHER MULTIPLE PROPERTIES CONSIDERED "A PROPERTY? ...
Article Summary

Bowman, "Sophisticated Estate-Planning Techniques: Cross-Border Dimensions", 1993 Conference Report, c. 38: Discussion (at pp.16-17) of whether a Canadian-resident "protector" may cause a trust established outside Canada to be considered to be resident in Canada; and of the weight to be given to the jurisdiction of the governing law of the trust in determining the residence question. -- summary under Subsection 2(1)

Bowman, "Sophisticated Estate-Planning Techniques: Cross-Border Dimensions", 1993 Conference Report, c. 38: Discussion (at pp.16-17) of whether a Canadian-resident "protector" may cause a trust established outside Canada to be considered to be resident in Canada; and of the weight to be given to the jurisdiction of the governing law of the trust in determining the residence question.-- summary under Subsection 2(1) Summary Under Tax Topics- Income Tax Act- Section 2- Subsection 2(1) ...
Administrative Policy summary

P-084R "Forgiven Debts Considered Bad Debts" 8 March 1999 -- summary under Subsection 231(1)

P-084R "Forgiven Debts Considered Bad Debts" 8 March 1999-- summary under Subsection 231(1) Summary Under Tax Topics- Excise Tax Act- Section 231- Subsection 231(1) [F]orgiven debts pursuant to an arrangement under the Companies' Creditors Arrangement Act are considered to be bad debts as opposed to reductions of consideration. ...
Administrative Policy summary

P-084R "Forgiven Debts Considered Bad Debts" 8 March 1999 -- summary under Subsection 232(2)

P-084R "Forgiven Debts Considered Bad Debts" 8 March 1999-- summary under Subsection 232(2) Summary Under Tax Topics- Excise Tax Act- Section 232- Subsection 232(2) [F]orgiven debts pursuant to an arrangement under the Companies' Creditors Arrangement Act are considered to be bad debts as opposed to reductions of consideration. ...
Administrative Policy summary

Certificate of residency "CRA cannot certify the residency of a partnership because partnerships are not considered resident; however, the individual partners of a partnership can ask for a certificate." -- summary under Subsection 2(1)

Certificate of residency "CRA cannot certify the residency of a partnership because partnerships are not considered resident; however, the individual partners of a partnership can ask for a certificate. ...
Folio Summary

S4-F14-C1 - Artists and Writers -- summary under Business Source/Reasonable Expectation of Profit

Some objective factors to be considered when determining if there is an intention to profit identified in Stewart were: the profitability of prior years, the taxpayer’s training, the taxpayer’s intended course of action, and the capability of the venture to show a profit. Factors considered in determining whether the artist’s activity is a business 1.24 Factors which should be considered by the artist or writer in determining whether the artist’s or writer’s activity is undertaken in a sufficiently commercial or business‑like manner include: the amount of time devoted to the artistic or literary endeavours; the extent to which an artist or writer has presented their works in public and private settings including, but not limited to, exhibiting, publishing, and reading as is appropriate to the nature of the work; the extent to which an artist is represented by an art dealer, agent, or mandatary and the extent to which a writer is represented by a publisher or literary agent; the amount of time devoted to, and type of activity normally pursued in, promoting and marketing the artist's or writer's own works; the amount of revenue received that is relevant to the artist's or writer's own works including, but not limited to, revenue from sales, commissions, royalties, fees, grants, and awards which may reasonably be included in business income; the historical record, spanning a significant number of years, of annual profits or losses relevant to the artist's or writer's exploitation of their own works; the type of expenses claimed and their relevance to the endeavour(s) (for example, in the case of a writer there would be a positive indication of business activity if a substantial portion of the expenses were incurred for research); the artist's or writer's qualifications as an artist or writer, respectively (for example, as evidenced by training, education, or by public and peer recognition received in the form of honours, awards, prizes, and/or critical appraisal); membership in any professional association of artists or writers whose membership or categories of membership are limited under standards established by that association; and the significance of the amount of gross revenue derived by an artist or writer from the exploitation of that individual's own works and the growth of such gross revenue over time. ... In order for the taxpayer to be considered to have undertaken the activity in pursuit of profit, i.e. to be considered to be carrying on business, the artistic or literary endeavours must be carried on in a sufficiently commercial or business-like manner. ...
Folio Summary

S1-F3-C4 - Moving Expenses -- summary under Eligible Relocation

Reduction of daily commute considered personal 4.31... Example 1 An individual lives in dwelling A in Halifax with his family for five years and then moves his family and all of his belongings to dwelling B in Brampton in order to be employed in downtown Toronto. ... Dwelling A is considered the old residence, and dwelling C the new residence. ...
Public Transaction Summary

Dixie/VisionSky -- summary under Trust Acquisitions of Corporations

The exchange of the VKY common shares for the VKY cash and the VKY Class B shares (presumably having a nominal value) is considered as qualifying as a reorganization of the capital of VKY under s. 86. ... Neither the VKY Class B shares nor the NewCo shares are considered by management to be taxable Canadian property. ... The Trust The existing structure is not considered to result in the Trust holding non-portfolio property. ...
Public Transaction Summary

InnVest REIT -- summary under Fund Debenture Offer

" Take-up "A Resident Holder who disposes of Series G Debentures pursuant to the Offer will be considered to have dispose of such Series G Debentures for proceeds of disposition equal to the Offer Price (other than the portion of the Offer Price received as interest, including any premium deemed to be interest as described below)." Part XIII tax "By virtue of the fact that the Series G Debentures are convertible into Units of the REIT, there is a risk that both (i) the amount of the Offer Price that exceeds the principal amount of the Series G Debentures (the "Excess"); and (ii) all interest paid or deemed to be paid to a Non-Resident Holder in connection with the Offer could be considered to be participating debt interest, in which case Canadian withholding tax would apply. ...
Public Transaction Summary

Holland Global/Maplewood REIT -- summary under CPC/Microcap Conversions

The REIT will not be considered to be a SIFT trust provided that (as stipulated in the investment guidelines) it does not own any non-portfolio property. ... Netherlands tax consequences B.V. and Maplewood Operating LP are considered domestic and foreign tax residents, respectively. ... B.V. will hold the legal ownership of the Initial Property, whereas beneficial ownership will be held by Maplewood Operating LP, which will be considered to have a Dutch branch business. ...

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