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Some of the factors which should be considered in making this determination are set out in Interpretation Bulletin IT-322R (copy enclosed). ... In those circumstances, the farm property may still be considered to have been used by the owner in a business of farming. ... There may however be other types of sharecropping arrangements where the owner of the land could be considered in the business of farming. ...

Dividends on such shares are subject to proposed subsection 55(2.1). 3) A dividend on non-participating discretionary shares results in a reduction of safe income that could reasonably be considered to contribute to the capital gain on the participating shares. ... Where non-participating discretionary shares have no accrued gain, no safe income could reasonably be considered to contribute to the capital gain that could be realized immediately before the dividend since no such capital gain exists. ... Where dividends are paid on participating or non-participating discretionary shares that have an accrued gain, the dividends could be considered to be safe income dividends to the extent of the safe income that could reasonably be considered to contribute to the capital gain on such shares. ...

Position: Yes, the investment would be considered a prohibited investment pursuant to subsection 207.01(1). ... However, pursuant to subsection 207.01(1) of the Act if the holder of the TFSA has a significant interest in the mutual fund trust then the investment in the mutual fund trust will be considered a prohibited investment for the TFSA. ... Consequently, the mutual fund investment would be considered a prohibited investment. ...

The requirements for being considered a first-time home buyer are found in paragraphs (e) and (f) of the definition of "regular eligible amount" in subsection 146.01(1) of the Act. ... The determination of whether an individual is considered to be a first-time home buyer is a question of fact. If you meet the requirements for the entire period described, you would likely be considered a first-time home buyer for purposes of the Home Buyers' Plan. ...

Further, where the travel is considered personal, the individual cannot claim a deduction for travel expenses under the Act. ... Generally, travel by an individual between RPEs is considered employment-related. However, the primary purpose of the trip must be considered in determining whether or not this is the case. ...

Whether a city can be considered a special work site? 2. Whether travel between a temporary place of residence and a special work site is considered personal travel? ... Employer-provided transportation between an employee's temporary residence and RPE at a special work site would be considered personal in nature, would give rise to a taxable benefit under paragraph 6(1)(a) of the Act, and would not be exempt under paragraph 6(6) of the Act. ... Even where the conditions of subsection 6(6) of the Act are not satisfied, an employee's use of an employer-provided vehicle may not give rise to a taxable benefit in situations where the travel is considered employment-related. ...

18 June 2010 External T.I. 2009-0335901E5- Home Buyers' Plan- qualified home Unedited CRA Tags ITA 146.01 Principal Issues: Is a mobile home on leased land considered a qualifying property for purposes of the Home Buyers' Plan? ... A mobile home on leased land is considered a qualifying property for purposes of the Home Buyers' Plan assuming all other conditions are met. ... Accordingly the individual would not be considered a first-time home buyer. ...

The conversion from a USLP to an LLC would generally be considered, from a Canadian tax perspective, to be from one form of legal entity to another (i.e. from a partnership to a corporation). ... The above comments should be considered whenever there is a conversion, from a Canadian tax perspective, from a partnership to a corporation. ... These comments are general in nature, and other specific rules might have to be considered depending on the facts and circumstances of a particular case. ...

Reasons: The CRA has previously taken the position that where an old debt is repaid and a new debt is obtained from a different arm’s length creditor, the transactions would generally not be considered as a substitution of debt. ... You ask whether these transactions would be considered to be made in respect of the substitution or conversion of a debt obligation to another debt obligation for the purposes of paragraph 18(9.1) of the Income Tax Act (the “Act”.) ... It is a question of fact whether a payment can reasonably be considered to fall within the ambit of paragraph 18(9.1)(a). ...

The central management and control of an organization is usually considered to be exercised by the group that performs the function of a board of directors of the organization. ... " Where an organization which would otherwise not be considered to be resident on reserve is asserting that it satisfies the definition because it holds its board of directors meetings on reserve, it should generally be considered to satisfy the definition where management and control over the organization is legitimately exercised during those meetings. ... Accordingly, the employee will not be considered to be resident on the reserve for purposes of the Guidelines. ...