Search - considered

The amount of a reimbursement, among other things, received by the taxpayer in respect of an outlay or expense, if included in income under paragraph 12(1)(x) of the Act may be considered a non-government assistance payment. A contract payment would include an amount payable by a non-resident person if that person is entitled to deduct that amount in computing Part I tax. (4) Where, under a contractual arrangement, a non-resident taxpayer does not carry on any business in Canada and reimburses a taxpayer in respect of SR&ED expenditures incurred by the taxpayer in Canada and the taxpayer includes the amount of the reimbursement in computing the taxpayer's income from a business carried on in Canada pursuant to subsection 9(1) of the Act, it is our position that the reimbursement would not be considered to be a non-government assistance or a contract payment for the purposes of paragraph 127(11.1)(c) of the Act. ...

Assuming an election under subsection 98(3) of the Income Tax Act (the "Act") is not made, the following questions were asked: (a)at what point is each partner considered to have disposed of its partnership interest? (b)will each partner obtain the increase in the adjusted cost base of its partnership interest pursuant to subparagraph 53(1)(e)(viii) and subsection 66.4(6) of the Act before the partner is considered to have disposed of his partnership interest? ...

In these circumstances, as explained in paragraphs 3 and 4(b) of Interpretation Bulletin IT-337R2 ("Retiring Allowances"), a payment received from the former employer will not be considered a "retiring allowance". ... Please note that for the employers to be considered to be related at the relevant time, they must be affiliated continuously from the date the first employment is discontinued until and including the date the second employment is commenced. ...

Minister of National Revenue 71 DTC 153 (T.A.B.) considered the above passage to be obiter dictum and rendered a decision which is in conflict with Mr. ... It may be possible that under the applicable community property laws a spouse acquires a vested 50% interest in each property acquired or owned by the other spouse whereby such spouse may be considered to have acquired his or her interest in such property by virtue of the relevant provisions of such law and there may not be a transfer of property for the purposes of subsection 74.1(1) of the Act. ...

Although ordinarily this requirement necessitates that there be an express requirement within the terms of a written contract of employment, it is the Department's general position that this requirement may also be considered to have been satisfied where it is tacitly understood by the employer and the employee that the supplies be provided by the employee. ... Although none of these supplies were provided by the local school board, the appellant considered them necessary to the adequate performance of his job as the supplies were essential to his teaching programme. ...

If the agency is with respect to income and property then any property acquired is considered to be acquired by the each member and ITC is earned by the rate applicable to them and claimed by them. If the agency is with respect to income only then the cooperative corporation is considered to have acquired any property as principal and any ITC is earned at the rate applicable to the cooperative corporation and claimed by it. ...

Amounts paid to the estate of an MLA on death pursuant to subsection 32.2(4) of the Legislative Assembly Act, however, will not qualify as a retiring allowance but will be considered a "death benefit" as defined in subsection 248(1) of the Act. ... In addition, where an employee has bought back pensionable service for years of service with a previous employer (in your example, the federal public service), the previous employer is considered to be related to the employer who is providing the pension (i.e. the provincial public service) pursuant to subparagraph 60(j.1)(v) of the Act. ...

The interpretation is, perhaps, coloured by the use of this term in paragraph 94.1(1)(b) of the Act where certain properties listed as portfolio investments could be considered properties used in an active business. ... In any event, the Department has resisted restricting the term as is done in the CICA handbook so as to include only passive investments (see Department's Response to Question 19, 1986 CTF Round Table and documents 942133 and 930306, although in document 900245 we state that loans made by a Canadian corporation in the course of carrying on the business of lending money would not be considered a portfolio investment). ...

Our Comments Paragraph 6(1)(e) of the Act provides that where an employer makes an automobile available to an employee, the employee must include in his income from employment for the year an amount that is considered a reasonable standby charge. ... That value would then be considered the cost to Charity X, the employer, in providing the automobiles to its employees. ...

As stated in paragraph 4, where the benefits payable out of the trust include benefits other than those described in the first paragraph of that bulletin, the trust will not be considered a health and welfare trust. ... To the extent that an amount paid out of an employee benefit plan can be considered to be the gross amount of a "death benefit" as described in paragraph 1 of the attached Interpretation Bulletin IT-508 "Death Benefits- Calculation", it is not required to be included in income under paragraph 6(1)(g) of the Act. ...