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Is the income earned by a farmer under a FIT / microFIT contract considered farming income? ... Would the income earned by a farmer under items 1 & 2 be considered incidental to farming income? ... When these factors are considered in the context of the FIT / microFIT Programs, it is our view that the income under the scenario described above would not be considered incidental to a farming business. ...

Finally, you have considered the rule contained in paragraph 87(2)(l.3) of the Act which, in the case of a new corporation formed upon amalgamation, provides that the new corporation will be considered to be a continuation of the predecessor corporation for purposes of the replacement property rules. ... " Interpretation Bulletin IT-259R4, Exchanges of Property, states in paragraph 9 that "a taxpayer is considered to have acquired replacement property at the time the acquisition would ordinarily be considered to have been made under the provisions of the Act and the general principles of law". ... Each situation must be considered on its facts. We trust these comments are of assistance. ...

You have asked whether the RV park would be considered to be a replacement property for purposes of the replacement property rules of the Act. ... To be considered a replacement property, the particular property must meet all the requirements outlined in the definition in subsection 44(5) of the Act. ... A taxpayer who changes from one business category to another but continues to deal in the same product will normally be considered to be in a similar business. ...

Assume the loan can be considered debt. (3) The loan above is subsequently repaid in full. ... For the purposes of Part A (2), we are to assume that the loan can be considered to be debt. ... Therefore, the repayment of the loan would be considered a transfer of property to the trust from the beneficiary. ...

Position: Tax credits are not considered to be taxes paid but are considered when utilized to first apply to taxes on the source of income to which they are attributable. ... Alternative 3 Tax credits are not considered to be taxes paid but are considered when utilized to first apply to taxes on the source of income to which they are attributable. ... Under Alternative 3 tax credits are not considered as taxes paid therefore no foreign tax is considered to be paid on the interest or the capital gain. ...

Subsequent activities such as crushing, washing, screening and sorting of the mineral material in order to make the product of the mine or pit marketable are considered to be processing activities. ... You have indicated that it is your opinion that if a road contractor processes material and places the material on a road the activity would be considered to be construction. ... Accordingly, we agree with your conclusion that if a road contactor processes material and places the material on a road the activity would be considered to be construction. ...

However, we have considered your situation and provide the general comments set out below. ... Residence for purposes of the Treaty In order to qualify for the benefits under the Treaty, the individual must be considered a resident of Israel for the purposes of Treaty. ... It is our position that for the purposes of paragraph 2 of Article XXI of the Treaty, it does not suffice that a person is considered "liable to tax" for the purposes of Article IV of the Treaty. ...

However, each year's renovations & additions are considered a separate property. ... The Queen, 86 DTC 6521 considered the issue of "... whether property used or held in the course of carrying on business... ... The issue was also considered in the case of Marsh and MacLennan v. The Queen, 83 DTC 5180. ...

We suggest that the entire visit would be considered sojourning, notwithstanding that the visit may include a flight or other employment related duties. ... Our Comments The Earlier Memo attempted to provide guidelines on how to distinguish whether airline personnel could be considered commuting during their stays in Canada in which case the days spent in Canada would not be considered "sojourning". ... Such periods in our view qualify as "sojourning" and could not be considered commuting because all or substantially all of MR. ...

Position: (a) Yes (b) Yes Reasons: (a) Considering the ordinary meaning of the term "gas", it is our view that the pipeline may be considered as gas or oil well equipment by virtue of paragraph (b) of the definition of the expression under subsection 1104(2) of the Regulations. ... (b) By analogy to the case of Texaco Exploration Company, it is our view that the operations of the company up to the inlet separator of the second plant may be considered as production of natural gas and related hydrocarbons for the purpose of subparagraph 1204(1)(b)(i) of the Regulations. ... Considering the above-noted definition of "gas", it is our view that the second pipeline may be considered as gas or oil well equipment by virtue of paragraph (b) of the definition of the expression under subsection 1104(2) of the Regulations. ...