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Whether or not there are separate and unrelated transactions involving a donation and purchase of an item is a question of fact which must be considered on a case by case basis. Generally, where anyone can purchase the item without making any other payment, any additional contribution made by a purchaser as a separate or independent transaction will normally be considered a gift for which a charitable receipt may be issued. ...

Except where the facts indicate otherwise, it is our view that a child who has reached the age of majority would not be considered to be in the custody of either parent. ... In the situation where custody of the children is shared by means of alternating periods of residence with each parent, the children are considered to be in the custody of whichever parent has physical care and control of them at a particular point in time. ...

Contributed capital is considered to be the funds provided by the owners of a corporation to commence or to further the carrying on of the corporate business. ... Therefore legislative amendments to the Income Tax Act will be considered in order to provide continuity in this important area of the law. ...

Paragraph 3 of IT-337R3 discusses the question of whether an employee is considered to have retired or suffered a loss of office or employment. ... Where they are considered related for purposes of the Income Tax Act (the "Act"), the employees would not be entitled to receive a retiring allowance because there is no retirement or loss of office. ...

To the best of your knowledge and that of TradeCo, none of the issues involved in this ruling request: i. is in an earlier return of TradeCo 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 TradeCo or a related person; iii. is under objection by TradeCo or a related person; iv. is before the courts; or v. is the subject of a ruling previously considered by the Income Tax Rulings Directorate. ...

You will note that the annuitant is considered to have received proceeds of disposition in respect of the disposition of the property equal to the fair market value of the property on the contribution date and the premium received by the RRSP (i.e. the amount that can be claimed as a contribution to the RRSP) is also equal to the fair market value of the property on the contribution date. ... Where property is extracted from the RRSP in respect of the withdrawal of undeducted RRSP contributions, the fair market value of the property at the time the property is withdrawn will be considered the amount withdrawn from the RRSP for the purposes of applying subsection 146(8.2) of the Act. ...

Paragraph 110.6(14)(f) deems the newly issued shares to be owned by an unrelated person. 2003-001269 XXXXXXXXXX Karen Power, CA (613) 957-8953 April 23, 2003 Dear XXXXXXXXXX: Re: "Qualified Small Business Corporation Share" We are writing in reply to your letter of March 14, 2003, wherein you requested our views on whether certain shares would be considered "qualified small business corporation shares" as defined in subsection 110.6(1) of the Income Tax Act (the "Act"), by virtue of subparagraph 110.6(14)(f)(ii) of the Act. ... Generally, where 90% or more of the assets of the business are disposed to a corporation, all or substantially all of the assets of such business will be considered disposed of to that corporation. ...

An estate is considered to be a personal trust and a testamentary trust for Canadian tax purposes. ... The income of a trust will generally only be considered to be payable to the beneficiary if it is paid to the beneficiary or the beneficiary is entitled to enforce payment of such income. ...

REASON FOR POSITION TAKEN: The terms of the settlement are considered to be consistent with CCRA's position set out in IT-365R2. ... To the best of your knowledge, and that of the taxpayer involved, none of the issues contained herein is: (i) dealt with in an earlier tax return of the Claimant or a related person; (ii) being considered by a tax services office or taxation center in connection with a previously filed return of the Claimant or a related person; (iii) under objection by the Claimant or a related person; (iv) before the Courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired; or (v) subject of a ruling previously issued by the Income Tax Rulings Directorate. ...

., "where an individual is acting on behalf of or representing a corporation (or partnership) as a director and the fees in respect of such services are paid directly, or are turned over by the individual, to the corporation (or partnership), those fees are considered to be income of the corporation (or partnership) and not of the individual", is withholding required. ... Your letter indicated that the fees received by lawyers while acting as directors of client companies must be turned over to the firm and are included in its income in accordance with the position outlined in paragraph 4 of Interpretation Bulletin IT-377R, Director's, Executor's and Juror's Fees, which states: Where an individual is acting on behalf of or representing a corporation (or partnership) as a director and the fees in respect of such services are paid directly, or are turned over by the individual, to the corporation (or partnership), those fees are considered to be income of the corporation (or partnership) and not of the individual. ...