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For purposes of the types of property classification, a corporation that is a member of a partnership will be considered to own its respective partnership share of each property owned by the partnership. ... For purposes of the types of property classification, XXXXXXXXXX will be considered to be a person that is a corporation having one class of issued shares having full voting rights under all circumstances, each holder of a unit of XXXXXXXXXX will be considered to own the proportion of the number of issued shares of the capital stock of the corporation that the fair market value of the holder's units of XXXXXXXXXX is of the fair market value of all of the units of XXXXXXXXXX, and XXXXXXXXXX property will be considered to be owned by the corporation. ... For purposes of the types of property classification, the liabilities of a particular corporation that is a member of a partnership will be considered to include its respective partnership share of any liabilities of the partnership. 30. ...

We understand that to the best of your knowledge and that of the Taxpayers, none of the proposed transactions and/or issues involved in this Ruling Request are the same as or substantially similar to transactions or issues that are: (a) in a previously filed tax return of the Taxpayers or a related person and; (i) being considered by the CRA in connection with any such tax return; (ii) under objection by the Taxpayers or a related person; (iii) the subject of a current or completed court process involving the Taxpayers or a related person; or (b) the subject of a ruling request previously considered by the Income Tax Ruling Directorate in relation to the Taxpayers or a related person. ... For greater certainty, for purposes of the DC Transfer the following principles will apply: a. any tax accounts of DC, such as the balances in its ERDTOH and NERDTOH accounts, GRIP and CDA, will not be considered property; b. advances made by DC (other than advances to Subco) that have a term of less than 12 months, that have no fixed term for repayment, or that are due on demand, if any, will be considered cash or near-cash property; c. assets held for resale, if any, will be considered cash or near cash property; d. rental properties held by DC will be considered to be investment properties; e. deferred tax assets and deferred expenses (which are capitalized and amortized for accounting purposes but fully deducted for income tax purposes), if any, will not be considered property; f. no amount will be considered to be a liability unless it represents a true legal liability that is capable of quantification; and g. any amount in respect of refunds of taxes, and interest thereon, actually receivable will be treated as cash or near-cash property and any potential refunds of taxes and interest thereon will, due to their contingent nature, not be considered property. 37. ... To the extent that the total amount of current liabilities to be allocated to the cash or near-cash property exceeds the total FMV of all of the cash or near-cash property, Subco will be considered to have a negative amount of cash or near-cash property; ii. liabilities, other than current liabilities, of Subco that relate to a particular property will be allocated to that particular property (and effectively to the type of property to which the particular property belongs) to the extent of its FMV. ...

If not, could the fees payable to the trustees be considered one of the expenses of disposition of the property and therefore indirectly deductible? ... If it is considered an arm's length transfer, the Canadian corporation will not be a contributor to the trust. ... Today, the situation is quite different and separate legal entity status is no longer considered a distinctive feature of corporations alone. ...

A Co and Leaseco will be considered as RFIs' if they are corporations described in any of paragraphs (a) to (f) of the RFI Definition. ... A Co A corporation that is an RFI referred to in paragraphs 248(1)(a) to (e.1) of the RFI Definition is considered an FI pursuant to subparagraph 142.2(1)(a)(i) of the FI Definition. ... Leaseco A corporation that is controlled by an FI, other than in narrow circumstances described therein, is considered an FI pursuant to subparagraph 142.2(1)(a)(i) of the FI Definition. ...

Amount would probably be considered capital in nature. 2. Amount would likely be taxed as employment income. ... Would the amount received by Amalco be considered a capital or income receipt? ... This issue has been considered by the courts in a line of cases that have established some guiding principles. ...

The provisions of the deed of constitution are considered to have been accepted by unitholders of the CCF as a term of the acquisition of units under the terms of a prospectus. ... For the purposes of computing any capital gain or capital loss under Part I of the Act by a Unitholder, the redemption of Units by a Unitholder will be considered to result in a disposition of that Unitholder’s proportionate undivided interest in the property of the Initial Portfolio or a Portfolio. ... To the extent that the Sub-Custodian withholds and remits tax under Part XIII or Part XIII.2 of the Act on behalf of a non-resident Unitholder, any amount remitted by the Sub-Custodian in respect of a non-resident Unitholder’s Part XIII or Part XIII.2 tax liability will be considered as being paid on behalf of such Unitholder and in respect of such Unitholder’s Part XIII or Part XIII.2 tax liability. ...

The forward contract intended as a hedge would be considered separately from the underlying transaction that is being hedged, although its nature is characterized by the underlying transaction. ... To be considered capital in nature, the funds must be surplus and must be exclusively for dividend or capital expenditures (i.e., "earmarked primarily" is not enough). ... Conclusion: In our view, there must be an underlying capital transaction in order to offer sufficient linkage to be considered on account of capital. ...

For the purposes of subsection 107.3(1) of the Act, whether the entire amount of any income or loss of the Trust can reasonably be considered to be ACo L.P.'s share of such income or loss. 5. ... To the best of your knowledge and that of the taxpayers named above, none of the issues involved in this advance income tax ruling is: in an earlier return of the taxpayers or any related person; being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayers or any related person; under objection by the taxpayers or any related person; before the courts; or the subject of a ruling previously considered by the Income Tax Rulings Directorate in respect of the taxpayers or any related person. ... ACo will be entitled to deduct from its tax otherwise payable under Part I of the Act for a taxation year the amount that can reasonably be considered to be its share of the Part XII.4 tax credit in respect of ACo L.P. in accordance with section 127.41. ...

For greater certainty, for purposes of this distribution: (a) tax accounts of DC, such as the balance of non-capital losses, net capital losses, RDTOH and/or CDA, if any, will not be considered property; (b) no amount will be considered to be a liability unless it represents a true legal liability which is capable of quantification; and (c) the amount of any deferred income tax will not be considered a liability for the purposes of the Proposed Transactions. 11. ... To the extent that the total amount of current liabilities to be allocated to DC's cash or near cash property does exceed the total FMV of all DC's cash or near cash property, DC will be considered to have a negative amount of cash or near cash property; (b) liabilities, other than current liabilities, of DC that relate to a particular property will be allocated to that particular property (and effectively to the type of property to which the particular property belongs) to the extent of its FMV. ... However, where DC is considered to have a negative amount of a type of property because of (a) or (b), for the purposes of allocating those remaining liabilities, the net FMV of that type of property will be deemed to be nil resulting in none of those excess unallocated liabilities being allocated to that type of property. ...

Will the trust be considered to be carrying on business solely by reason of holding the limited partnership units? ... The Trust shall not undertake any activity, take any action, or make any investment that would result in the REIT not being considered a mutual fund trust for purposes of the Act. 12. ... Section 253.1 will apply in respect of the proposed transactions such that the REIT will not, solely because of its acquisition and holding of the units of the LP, be considered to carry on any business or other activity of the LP. ...