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Royalty payments for the right to reproduce copies of the copyrighted work of an artist and to distribute those copies are considered by the CRA to be royalties in respect of a copyright in respect of the production or reproduction of the work that are exempt from Part XIII tax under subparagraph 212(1)(d)(vi) of the Act. ... However, where a license agreement also specifies that the licensor agrees not to reproduce or distribute or permit any other person to reproduce or distribute copies of the artistic work in a particular geographical area specifically assigned to the licensee, a portion of the payments derived by the licensor under the agreement would be considered in respect of such undertaking and would fall under subparagraph 212(1)(d)(iv) of the Act. ...

However, investment income is generally considered to be earned off reserve and, as such, is taxable to a status Indian upon receipt. ... A calculation can then be made to determine the part of the withdrawal that is reasonably considered to be in respect of the non-taxable withdrawal of the contributions made with tax-exempt income. ...

Further, for purposes of the withholding requirements under subsection 103(4) of the Regulations, any payment from a DPSP (other than as referred to in subparagraph 147(2)(k)(v) of the Act) will be considered a lump sum payment pursuant to paragraph 103(6)(b) of the Regulations and therefore, will be subject to withholding at the lump sum rates. ... As such, it is our view that an amount is considered "paid" where it involves the actual or constructive delivery of money or its equivalent in return for goods or services or in discharge of an obligation. ...

Any transaction considered a disposition would occur where the POD for the consolidated units is equal to their cost resulting in no gain or loss. ... We understand that, to the best of your knowledge, none of the issues involved in the ruling request: (i) is in an earlier return of the taxpayer or a related person, (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person, (iii) is under objection or appeal by the taxpayer or a related person, (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired, and (v) is the subject of a ruling previously issued by the Canada Revenue Agency. ...

(ii) The Partnership would be considered to have a "qualifying interest" in respect of CFC by virtue of subparagraph 95(2)(m)(i) of the Act only for the purpose of computing the income of the partners (i.e., whether the income is FAPI or not). The partners also have a "qualifying interest" in respect of CFC by virtue of subparagraph 95(2)(m)(iv) of the Act for the purpose of section 113 (and any regulations made for the purposes of that section) and section 95 (to the extent that it is applied for the purpose of section 113); (iii) The Partnership would be considered to be a "taxpayer" for the purposes of subsection 85.1(3) of the Act with respect to its transfer of the CFC shares to ForeignCo; and (iv) Paragraph 5905(5)(a) of the ITR would apply in determining the applicable surplus accounts of CFC in respect of CanCo with respect to the transfer of the shares of CFC by the Partnership to CanCo. ...

" If it is determined that an arbitration award is a capital receipt, such receipt may be considered as proceeds of disposition of a capital asset to which the amount relates or as compensation for the loss or sterilization of a capital asset. ... Generally, where there is an employee-employer relationship the award will be considered income from an office or employment such as in the case of Larry L. ...

We are inferring from your letter that you are seeking comments that would clarify whether a proposed association would be considered a "non-profit organization" within the meaning of paragraph 149(1)(l) of the Income Tax Act. ... An association that qualifies for exemption in a particular year may cease to qualify in a subsequent year by failing to operate in accordance with one of the purposes for which it was organized or by revising its objectives in such a way that it is no longer considered to be organized in accordance with a purpose specified in paragraph 149(1)(l) of the Act. ...

We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in the ruling request: (i) is in an earlier return of a taxpayer or a related person; (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of a taxpayer or a related person; (iii) is under objection by a taxpayer or a related person; (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; and (v) is the subject of a ruling previously issued by the Directorate. ... The Corporation and the Shareholder/Managers are aware that the Canada Revenue Agency clarified its policy on when such remuneration would be considered reasonable for purposes of section 67 of the Act, and as a result, jointly decided that the Bonus would not be paid until such time as a favourable advance income tax ruling could be obtained on the income tax status of the Bonus. ...

We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in the ruling request: (i) is in an earlier return of a taxpayer or a related person; (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of a taxpayer or a related person; (iii) is under objection by a taxpayer or a related person; (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; and (v) is the subject of a ruling previously issued by the Directorate. ... The Corporation and the Shareholder/Managers are aware that the Canada Revenue Agency clarified its policy on when such remuneration would be considered reasonable for purposes of section 67 of the Act, and as a result, jointly decided that the Bonus would not be paid until such time as a favourable advance income tax ruling could be obtained on the income tax status of the Bonus and/or Plan allocation. ...

In your view, this question relates to the interpretation of paragraph 12(1)(x) of the Income Tax Act (the "Act") regarding inducements, reimbursements, etc. and whether or not these individuals are considered to be earning income from a business or property when they are not receiving any remuneration from XXXXXXXXXX for services rendered to XXXXXXXXXX. Our Comments Paragraph 12(1)(x) provides that a taxpayer's income includes any amount received in the course of earning income from a business or property from a government where the amount can reasonably be considered to have been received: (iii) as an inducement, whether as a grant, subsidy, forgivable loan, deduction from tax, allowance or any other form of inducement, or (iv) as a refund, reimbursement, contribution or allowance or as assistance, whether as a grant, subsidy, forgivable loan, deduction from tax, allowance or any other form of assistance, in respect of (A) an amount included in, or deducted as, the cost of property, or (B) as an outlay or expense, Where an individual provides services, whether pursuant to a contract for services or not, but receives no remuneration for such services, there is no source of income from a business or property. ...