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Every pair combination of members whose names appear in Part A of the Form RC4616 (and on any attached page) would be considered to have revoked their election. ... Since every pair combination of members whose names appear on the form (and on any attached page) would be considered to have revoked their election, two separate Forms RC4616 should be filed either electronically or on paper: (i) a revocation of the election between Parent Co and Subco 1; and (ii) a revocation of the election between Parent Co and Subco 2. ...

In its explanation, CRA noted that the complex would generally be considered an improvement to the property (so that para. ... Furthermore: Subsection 141.01(3) provides that a person is considered to use property (e.g., capital real property) in commercial activities only to the extent that the property is used for the purpose of making taxable supplies for consideration.... ...

However, with respect to siblings, unless the facts indicate otherwise, generally one sibling would not be considered to have influence over another. In addition to the general factors described above, the composition of the board of directors and the control of day-to-day management and operation of the business would be considered. ...

Supplier, who is the recipient of a specified supply of the goods made outside Canada and does not make a supply of the goods outside Canada before their release, would be considered to be the constructive importer of the goods under subsection 178.8(2). ... Provided Supplier does not claim the ITC, Customer who is the importer of record and has the import documentation, will instead be considered to have imported the goods for consumption, use or supply in the course of its commercial activities and be entitled to an ITC for the tax on the importation of the goods. ...

If the original gain on the sale of real property was categorized in a previous year as income from an active business, amounts included in income in subsequent years in respect of the realization of the mortgage reserve pursuant to subparagraph 12(1)(e)(ii), are considered to be income from an active business. ... Meaning of "pertains to" or "incident to" 5. … The courts have found that, in interpreting the meaning of "pertains to" or "incident to" in context, there has to be a financial relationship of dependence of some substance between the property in question and the active business before the property is considered to be incident to or to pertain to the active business carried on by the corporation. ...

“in-house loss consolidations that were only designed to move losses between related or affiliated corporations and on which we have ruled favourably in the past would not be considered to have a purpose described in proposed subsection 55(2.1). ... " Creditor-proofing transactions apparently are considered to per se entail a purpose that engages s. 55(2.1)(b)(ii). ...

CRA responded: Where the person does not engage staff to perform any of the operator's duties, it is doubtful whether the person would be considered to have the managerial or operational control of the joint venture, subject to consideration of all relevant facts and agreements. ... CRA responded: [W]here it can be determined based on consideration of all relevant facts and agreements that independent powers are given to Corporation B and that these powers in fact give Corporation B managerial or operational control of the joint venture, then Corporation B could be considered to be the operator of the joint venture. ...

The Directorate stated: [A]lthough LLC generates business income, the U.S. taxes paid by the taxpayer are not considered to be business income taxes as defined under subsection 126(7)… because they are not in respect of any business carried on by the taxpayer in the U.S. … To the extent that the U.S. taxes are not used for claiming a foreign tax credit, they may be deducted under subsection 20(12)…. Although what the taxpayer owns is the shares of ULC which is a Canadian corporation, the U.S. taxes paid can be considered to be in respect of such shares such that the deduction under subsection 20(12)… would not be denied because that subsection, unlike subsection 20(11), does not use the clause "that is income from a source outside Canada". ...

., as long as the services are not considered to be “commercial services,” i.e., if the shipping services are not performed by a freight carrier pursuant to Sched. ... If the service supplied is a service of shipping the property that is not provided by a carrier, the service may be considered to be a commercial service in respect of the goods. ...

Need claim only 1 exemption (paras. 3.2, 3.3) When filing a return, an owner need only claim one out of a number of applicable exemptions – although, in light of s. 47(2), the exemptions in s. 6(7)(c) to (f) may be considered less desirable. ... Registered owner until sale reflected on title (para. 3.5) Where the closing of a sale occurs in late December and the documents for transfer of the registered title are submitted at that time, but not processed by the provincial land titles office until the next year, such affected owner is considered to still be the owner on December 31 and must file a return and pay tax if not exempted. ...