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Position: No- specified shareholder of the professional corporation would not, but for the existence of the company, be considered to be an employee. ... Provided that a Principal providing XXXXXXXXXX services through a Contracting Company would not, but for the existence of the Contracting Company, reasonably be considered to be an employee or officer of Newco in respect of those XXXXXXXXXX services, a Contracting Company will not be considered to be carrying on a "personal services business" as defined in subsection 125(7) of the Act. ... Provided that a partnership does not exist between Newco and any Contracting Company, the income of Newco and any Contracting Company will not be considered "specified partnership income" within the meaning of subsection 125(7) of the Act. ...

This means that if you are considered to be a resident of another country under a treaty you cannot be considered to be a resident of Canada under the Act. Subsection 250(5) of the Act is of primary importance in a case like this one because in order to be considered as a "resident of a Contracting State" under a treaty, a person needs to be taxed not merely on income from sources in the country but the person needs to be subject to as comprehensive a tax liability as is imposed by a state. 3 The Individual, like diplomats in general, is subject to a limited taxation in Canada. ... Accordingly, it can be concluded because of the limited taxation to which the Individual is subject in Canada, that he cannot be considered as a resident of Canada for the purposes of the Convention Between the Government of Canada and the Government of XXXXXXXXXX. 5 The question that needs to be answered is whether the Individual remained a resident of XXXXXXXXXX subject to tax on his world income in that country during the Period. ...

Whether any income of the trust that is not subject to 75(2) will be considered payable to the First Nation and thus deductible pursuant to 104(6). ... the subject of a ruling previously considered by the Directorate in respect of the First Nation or a related person. ... The First Nation will be considered a public body performing a function of government in Canada within the meaning of paragraph 149(1)(c). ...

In a preceding fiscal period of a partnership, when the expenses described in subparagraph (a)(ii) of the definition of CDE were incurred by the partnership, the partnership would be considered to have CDE equal to the amount of those expenses by virtue of that subparagraph and paragraphs 96(1)(a) to (c) of the Act. Furthermore, by virtue of that subparagraph and paragraph (f) of the definition of CDE, a partner of the partnership would be considered to have CDE equal to the amount of its proportionate share of those expenses in its taxation year in which the fiscal period of the partnership ended. ... Furthermore, even if the partners were considered to have incurred the expenses, such expenses would be considered to be those described in paragraph (f) of the definition of CDE and not those described in subparagraph (a)(ii) of that definition as required by paragraph 66.1(9)(f) of the Act. ...

Principal Issues: Are the proposed Forward Contracts considered to be foreign property and if not, would such a transaction be subject to GAAR? ... When it is considered appropriate, the obligations of the Counterparty under the Forward Contract will be guaranteed by another person who may or may not be resident in Canada pursuant to a guarantee agreement that is substantially the same as the draft guarantee agreement submitted for our review. ... A Forward Contract entered into between a Fund and the Counterparty, and which is substantially similar to the draft Forward Contract submitted will not be considered to be foreign property as defined in subsection 206(1). ...

Principal Issues: Are the proposed Forward Contracts considered to be foreign property and if not, would such a transaction be subject to GAAR? ... When it is considered appropriate, the obligations of the Counterparty under the Forward Contract will be guaranteed by another person who may or may not be resident in Canada pursuant to a guarantee agreement that is substantially the same as the draft guarantee agreement submitted for our review. ... A Forward Contract described in paragraphs 5 and 6 entered into between a Fund and the Counterparty, and which is substantially similar to the draft Forward Contract submitted will not be considered to be foreign property as defined in subsection 206(1). ...

3) Will income earned in respect of an escrow agreement be considered to pertain to or be incident to an active business? ... Reasons: 1) Even though all of the corporation's income will be tied to XXXXXXXXXX, the corporation will not be resident there for purposes of the treaty because it will not be considered liable to that country's most comprehensive tax in accordance with the Crown Forest Decision. ... In computing FA2's income from an active business carried on by it in the Foreign Country for a taxation year, the income earned on the XXXXXXXXXX Fund for the year will be considered to pertain to or be incident to the active business carried on by FA2 in the Foreign Country and will not be considered income from a separate investment business. ...

The walls would therefore be considered to be an integral part of the building. Similarly, the roof, once added to the building, would be considered an integral part of the building. ... The crane runway and supporting walls, as described, could have existed on their own and would not be considered to be a building. ...

"Senior Officers" are Regular Employees, Contract Employees or Temporary Employees occupying positions considered to be at the senior level. 9. ... The election to participate in the Plan by a Regular Employee, will not, in and by itself, cause the Plan to be considered an EBP, an ET, or a SDA. ... The election to allocate additional Flex Credits to the SPA by a Senior Officer, will cause that part of the Plan to be considered a RCA, and such allocation will be considered to be a contribution by the Employer to a RCA. ...

XXXXXXXXXX Based on the definition of "deadline" in paragraph 139.1(1)(a), the "payment" referred to in 139.1(2)(b) will be considered to have been made before the deadline, provided XXXXXXXXXX made the payment of shares to the employer within 13 months of the date of its demutualization. ... Where paragraph 139.1(2)(b) applies, the employer, as a consequence of the payment from the insurer, will be considered to have received a benefit in respect of the demutualization at the time that the payment is received and not at the time that the employer became entitled to receive a demutualization payment. ... Those employees who receive payments not covered by subsection 139.1(16), will generally be considered to have received the payment from their employer in the course of or by virtue of an office or employment and will be fully taxable on the amount. ...