Search - considered

In considering the issue of whether the employee is entitled to a deduction under paragraph 8(1)(b) of the Act for legal fees incurred to establish or collect the benefits under the wage loss replacement plan, one must first determine whether the benefits awarded by the court are taxable under paragraph 6(1)(f) of the Act and whether the insurer is considered to be an employer for the purpose of paragraph 8(1)(b) of the Act. ... A quick glance at the types of remuneration listed in Regulation 100(1) shows that it includes pension payments, unemployment insurance benefits and other amounts which are typically paid by an entity which is not normally considered to be the recipient's employer for the purposes of the Act. ...

Approved Association An association, in order to be considered "approved", must receive written approval from our Minister. ... Non-profit Corporation for SR&ED In order for a corporation to be considered a non-profit corporation for SR&ED for a particular fiscal period, the following criteria must be satisfied: a)     the corporation's activities must be carried on without the purpose of gain for its members and any profits or other accretions shall be used in promoting its objects and no part of the income may be payable to or otherwise available for the personal benefit of any member thereof; b)     the directors and members and those directors and members who also serve as officers shall serve as directors, members and officers without remuneration and no director, member or officer shall directly or indirectly receive any profit from his/her position as director, member or officer provided that a director or officer may be paid for reasonable expenses incurred by him/her in the performance of his/her duties; c)     the corporation must not acquire control of any other corporation nor will it carry on any business as that term is defined in the Act; d)     the objects of the corporation must be to exclusively carry on or promote SR&ED. ...

Since the exchange program is for one year only, one would expect that the Canadian teacher would be considered a sojourner in Australia, thus remaining a factual resident of Canada. ... In conclusion, while questions similar to those used in determining an individual's country of residence will be useful in determining whether the taxpayer has changed her place of ordinary residence, it is our view that the fact that the Canadian resident is probably considered to be a sojourner by reason of her intention of returning to Canada at the end of the exchange program will not be conclusive in determining whether the moving expenses should be allowed. ...

It has been the Department's position that, in order for the use of the employer's recreational facilities at a nominal or no charge not to be considered a benefit in the hands of a particular employee, those same facilities must be available to employees generally. ... Paragraph 34 of the bulletin, to which you refer, sets out the principle that where the employee is provided free or low cost access to recreational facilities primarily so that he/she is better able to carry out the specific duties of employment for the benefit of the employer, with only a secondary and incidental benefit being derived by the employee, then the benefit so derived would not be considered taxable in the hands of that employee. ...

., a water well to be used in the operation of that business, such costs would likely be considered as being related to that farming business to the extent that the well is so utilized. As discussed in paragraphs 2 and 3 of Interpretation Bulletin IT-206R, where a taxpayer simultaneously carries on two or more business operations, such activities may be considered to constitute the same business for purposes of the Act. ...

Citizen This is in response to your verbal enquiry concerning the question as to what amount should be considered to be an "income or profits tax" for purposes of calculating the foreign tax credit ("FTC") in Canada for XXXXXXXXXX The documents indicate the following facts. 1.      ... However, where such credit is not applied for and the resulting tax paid to the United States is greater than that allowed by the Convention such excess tax is considered a voluntary payment and would not qualify as an "income or profits tax" for the purposes of the FTC. ...

In considering the issue of whether a deduction is available under paragraph 8(1)(b) of the Act, one must first determine whether the benefits awarded by the court are taxable under paragraph 6(1)(f) of the Act and whether the insurer is considered to be an employer for the purpose of paragraph 8(1)(b) of the Act. ... A quick glance at the types of remuneration listed in Regulation 100(1) shows that it includes pension payments, unemployment insurance benefits and other amounts which are typically paid by an entity which is not normally considered to be the recipient's employer for the purposes of the Act. ...

A plan which provides a carryforward provision in excess of 12 months or a plan which provides for the carryforward of both credits and expenses however, will not likely qualify as a PHSP because the plan would not likely have the necessary element of risk to be considered a plan of insurance. We caution you that the above noted comments represent our considered opinion only and as such, are not binding on the Department. ...

The options you are considering include a carryforward provision, the transfer of funds into RRSP accounts administered on a group basis and the withdrawal of funds in cash where such withdrawal is considered employment income to the employee at the time the funds are withdrawn. ... In addition, we would like to point out that a plan which purports to be a PHSP will not be considered as such if the plan reimburses expenses (such as the reimbursement of premiums for a plan or insurance other than a PHSP), which do not qualify as medical expenses as defined in the Act. ...

Our Comments: At the outset, we are mentioning that since Form T2200 must be prepared by an employer before an employee is entitled to claim certain expenses, the comments set out below must be considered from that perspective. ... Nevertheless, 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 workspace be provided by the employee. ...