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A "front end load" charge is an acquisition fee or commission; it is considered a capital expense and must be added to the "cost amount" (see below) of the units purchased. ... Trustee fees or expenses relating to the administration of your RRSP are considered to be expenses of the annuitant and, if paid outside the RRSP, are deductible by you pursuant to section 9 of the Act. ...

Scenario 1 If the terms of the trust provide that the amount, or part thereof, of accrued interest receivable must or may be paid to the beneficiaries by virtue of the exercise of the capital encroachment power, then such amounts will be considered payable within the meaning of subsections 104(24),(13) and (6). ... It should be noted that in order for a designation to be made under subsections 104(21) it must be with respect to such portion of the net taxable capital gains as "may reasonably be considered (having regard to all the circumstances including the terms and conditions of the trust arrangement) to be part of the amount that by virtue of subsection (13) or (14) or section 105, as the case may be, was included in computing the income... ...

Reasons FOR POSITION TAKEN: The payment is considered to relate to the personal circumstances of the spouse. ... The reimbursement of the employee's loss on the sale of his residence was considered to be non-taxable on the basis that it was incurred by reason of his employment. ...

In the event that a purchaser cannot be found the court may grant what is referred to as a "Rice Order" allowing the Mortgagee to purchase the property at a price considered by the court to be the fair market value of the Property. ... We have therefore concluded that the foreclosing mortgagee would not be considered a purchaser for the purposes of section 116 of the Act. ...

Principal Issues: whether the employer's reimbursement of renovation costs of a disabled employee's new home is a taxable benefit where such modifications existed at the employee's former home Position TAKEN: not a taxable benefit provided that the reimbursement policy is to be limited to items such as ramps, doorway widenings & other items which are disability specific and does not include other items such as air conditioners, furnaces, humidifiers, swimming pools which are not disability specific even though they may be considered necessary to enable the individual to live a reasonable quality of life Reasons FOR POSITION TAKEN: the installation of replacement disability-specific items can be likened to the special modifications to furniture & fixtures to arrange them in the individual's new home. ... Consequently the reimbursement by an employer of such costs would be considered non-taxable in the same manner as the reimbursement of adjustments and alterations to existing furniture and fixtures to arrange them in the new residence. ...

Accordingly, a grandfather can be considered a "parent" of an individual because of the extended definition of "child" in paragraph 70(10)(a) of the Act, which applies for purposes of section 110.6 of the Act. Therefore, since the son of the deceased beneficiary could be a beneficiary referred to in paragraph 104(21.2)(b) of the Act and since his grandfather is considered to be a "parent", if the property was used by the grandfather in the course of carrying on the business of farming for at least 5 years during which he owned the property, the son of the deceased beneficiary would qualify for the $500,000 capital gains exemption upon disposition of the property by the estate. ...

The Queen, 88 DTC 6290 (F.C.T.D.) case, where a provision in the Act deems property to have been disposed of for certain proceeds, the proceeds are considered to have been received by the taxpayer at the time of, or immediately after, the disposition. 2.If a partnership has not been in existence for at least 24 months, it cannot meet the "throughout any 24 month period ending before" condition in paragraph (a) of the definition of "interest in a family farm partnership". ... Accordingly, since no portion of the deemed proceeds of disposition are considered to be received at a time other than the time of disposition, a capital gains reserve under subparagraph 40(1)(a)(iii) of the Act cannot be claimed in respect of the capital gains arising on the disposition of the property. ...

A U.S. 401(a) plan is considered a pension plan for purposes of the Act. ... There are a number of Income Tax Act provisions, both current and proposed, which serve to determine whether amounts out of a foreign pension plan will be considered amounts received out of an EBP or RCA. ...

Where payments are made by a Canadian resident to a non-resident and such payments are in respect of the use of, or the right to use, software (including systems/operating software) it is Revenue Canada's view that these payments represent compensation for the right to use a secret formula or process and are considered to be royalties for the purpose of most, if not all, of Canada's income tax treaties. ... In the situation where the systems/operating software is sold in a manner that is similar to the sale of shrink-wrap computer software and is sold subject to a general licensing agreement which does not identify the particular end-user or the amount of the license fee, it is our view that such systems/operating software would not be subject to tax under Part XIII of the Act as it would be considered to be a sale of tangible property. ...

In the technical interpretation referred to in your memorandum, we expressed the view that a right to receive income, in and by itself, would generally not be considered capital property within the meaning of paragraph 54(b) of the Act and, as such, the right would generally not qualify as eligible property pursuant to paragraph 85(1.1)(a) of the Act. ... Unless the taxpayer was a trader in such rights to receive income, we doubted that the acquisition of such rights could be considered to be "in respect of a business. ...