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In Rulings document 2000-0025183 (XXXXXXXXXX, 2000), the following activities were not considered to detract from a conclusion that production services activities were the taxpayer's primary business on the basis that they were provided in connection with production services: XXXXXXXXXX. ... Accordingly, we considered whether paragraph 125.5(2)(d) applies so that advertising and similar activities will be considered to be part of a business that is different from a "film or video production services business" for purposes of the "eligible production corporation" definition. ... Whether such expenditures would be considered to be part of a production or video services business remains, ultimately, a question of fact. ...

However, a lump-sum amount paid pursuant to a written agreement in respect of a period prior to the date of the written agreement would not be considered a qualifying support amount. ... If not for these subsections, the amounts would not be considered a support amount as they would not have been payable or receivable under a court order or written agreement. ... A, prior to the court order, considered to be support amounts? Response Similar facts to Scenario 1 above. ...

If a pipeline is considered as "gas or oil well equipment", it would be included in Class 10(j) or Class 41(b), as the case may be. ... If the pipeline appendage equipment is considered as "gas or oil well equipment", it would be included in Class 10(j) or Class 41(b), as the case may be. If the pipeline appendage equipment is considered as primarily used in "Canadian field processing", it would be included in Class 41(c) or (d). ...

Reasons: Where a gift is subject to a condition precedent that legal title must be transferred to the donee, the condition precedent must be satisfied before the gift can be considered to be completed. Absent the transfer of legal title constituting a condition precedent, a gift is considered to be completed when beneficial ownership of the gifted property is transferred to the donee. ... Accordingly, if the transfer of legal title to the donee is a condition precedent, this condition must be satisfied before the gift can be considered to be completed. ...

Will Canco or the lender be considered to have received a taxable benefit from the parent? ... DEPARTMENT'S POSITION Neither Canco nor the lender would be considered to have received a benefit from the parent. ... However, if Canco's borrowing of funds or the giving of a guarantee by the parent can be considered part of a series of transactions, which series, would result in a tax benefit and may reasonably be considered to have been undertaken or arranged primarily to obtain the tax benefit, the transaction may nevertheless be subject to subsection 245(2) of the Act. ...

You are concerned that paragraph 2 of Article 4 (“Article 4(2)”) of the Convention may preclude a Society from being considered a resident of Australia. In our opinion the negotiators of the Convention intended that exempt organizations, such as a Society, be considered resident in the country in which they were organized. Accordingly, we are of the view that Article 4(2) of the Convention would not preclude a Society from being considered resident in Australia for purposes of the Convention. ...

Yes, if the promissory note is considered conditional payment for the shares. 2. No, if the promissory note is considered as absolute payment for the shares. ... Whether or not a promissory note is considered as conditional payment or absolute payment is a question of fact. ...

7 November 1990 Income Tax Severed Letter 77 Unedited CRA Tags none Dear Sirs: This is in reply to your letter of October 15, 1990, wherein you requested our views whether a gift would be considered to have been made in the following situation. ... Further, in order for an expenditure or transfer of property to be considered a gift, it must be made without conditions, from detached and disinterested generosity, out of affection, respect, or charity or like impulses, and not from the constraining forces of any moral or legal duty. In our view the lottery winner in the situation described above would not be considered to have made a gift for purposes of sections 118.1 or 110.1 of the Act since he had agreed prior to acquiring the lottery ticket that XXX would receive the wining prize money. ...

Will Canco or the lender be considered to have received a taxable benefit from the parent? ... DEPARTMENT'S POSITION Neither Canco nor the lender would be considered to have received a benefit from the parent. ... However, if Canco's borrowing of funds or the giving of a guarantee by the parent can be considered part of a series of transactions, which series, would result in a tax benefit and may reasonably be considered to have been undertaken or arranged primarily to obtain the tax benefit, the transaction may nevertheless be subject to subsection 245(2) of the Act. ...

Paragraph 5 of Interpretation Bulletin IT-126R dated February 3, 1975 issued by Revenue Canada, Taxation (“IT-126R”) indicates that where “there is substantial evidence that the corporation will be dissolved within a short period of time, for the purposes of section 88 the corporation is considered to be wound up.” You have asked whether the holding period would be considered “a short period of time” as referred to in paragraph 5 of IT-126R. ... The comments expressed are not advance income tax rulings and are not considered binding on the Department, in respect of any taxpayer, in accordance with paragraph 21 of Information Circular 70-6R2 dated September 28, 1990. ...