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8 February 2012 External T.I. 2011-0403611E5- Retiring allowance Unedited CRA Tags 248(1); 56(1)(a)(ii); 5(1), 6(1)(a), 6(3), 3(a) Principal Issues: Whether settlement compensation received from a former employer is considered a retiring allowance. ... Reasons: Where personal injury relates to the loss of employment, the related damage award would generally be considered a "retiring allowance". ... But, where the personal injury relates to the loss of employment, the related damage award would generally be considered a retiring allowance. ...

In your fax, you requested whether funding received from the Alberta government under the Self-Managed Care Program ("Program") would be considered a reimbursement of medical expenses under paragraph 118.2(3)(b) of the Income Tax Act. ... " In this case, the funds received by the taxpayer from the Program would be considered a reimbursement for the purposes of paragraph 118.2(3)(b). ... Please note that although the amounts are considered reimbursements for the purposes of paragraph 118.2(3)(b), the amounts in question are still considered to be social assistance payments. ...

12 November 2009 External T.I. 2009-0333721E5- Farming Activity Unedited CRA Tags 28(1) 248(1) "farming" 9(1) Principal Issues: Is horse boarding, the rental of farm land, and the production and sale of exotic animal by-products considered farming for purposes of the Act? ... The raising of livestock such as alpaca, llamas and/or sheep for commercial purposes would be considered farming. ... In and of themselves, the activities you described would not, in our opinion, be considered farming under the Act. ...

However when an equivalent benefit is extended to all employees, including employees who are shareholders, the benefit provided to the employee/shareholder is normally considered an employment benefit rather than a shareholder benefit. ... On the other hand, when an equivalent benefit is extended to all employees, including employees who are shareholders, the benefit provided to the employee/shareholder is normally considered an employment benefit rather than a shareholder benefit. ... A benefit would be considered reasonable where it is comparable in nature and quantum to benefits generally offered to employees who perform similar services and have similar responsibilities for other employers of a similar size. ...

Position: Provided the circumstances are such that the lump sum payment can reasonably be considered to be proceeds of disposition of an interest in an insurance policy, it is our view that the recipient of the proceeds will not have realized a capital gain in respect of such proceeds. Whether the receipt of a lump sum payment in respect of future benefits under an employer long-term disability plan will, in all cases, be considered to be a receipt of proceeds of disposition from the disposal of an interest in an insurance policy is a question of fact which must be considered on a case by case basis. ... However, paragraph 39(1)(a) of the Act provides that capital gains will not be considered to result from the disposition of certain types of property. ...

9 February 2006 External T.I. 2005-0118881E5- Meaning of "commodities exchange" Unedited CRA Tags 115.2(1) Principal Issues: Whether particular electricity exchanges can be considered "commodities exchanges" within the meaning of subsection 115.2(1). ... More specifically, you wish to know whether the XXXXXXXXXX ("Exchange 1") and the XXXXXXXXXX ("Exchange 2") can be considered "commodities exchanges" for purposes of this subsection. ... " Based on the facts provided and our view that electricity can be considered a commodity, it is our opinion that both Exchange 1 and Exchange 2 can be considered commodities exchanges for purpose of the definition of "qualified investment" in subsection 115.2(1) of the Act. ...

A further factor to be considered in this context is found in paragraph 34 of IT-470R and paragraph 12 of IT-148R2. ... Where access is limited to certain employees the benefit would be considered taxable in their hands. ... In our view, provided that all employees have access to the Municipalities facilities, the passes provided in situation 1 & 2 would not be considered taxable in the employee’s income. ...

A further factor to be considered in this context is found in paragraph 34 of IT-470R and paragraph 12 of IT-148R2. ... Where access is limited to certain employees the benefit would be considered taxable in their hands. ... In our view, provided that all employees have access to the Municipalities facilities, the passes provided in situation 1 & 2 would not be considered taxable in the employee’s income. ...

Interpretation Bulletin IT-479R effectively excludes capital treatment to those considered to be "traders or dealers in securities" or those engaging in transactions considered to be "adventures in the nature of trade". ... Transactions with respect to commodity futures contracts by a mutual fund trust are considered as investing for purposes of paragraph 132(6)(b). ... Generally, it is the opinion of the Department that a mutual fund trust or corporation which invests primarily in futures would be engaged in transactions considered to be "adventures in the nature of trade" such that the related gains and losses would be on income account. ...

If property held by a trust for the benefit of Indians or a band is itself "personal property" of the Indians or the band, then the property would be considered as situated on a reserve if that property, on its own merits, would be considered located on a reserve. If, on the other hand, the "personal property" is the interest in the trust, the situs of the trust must be considered. ... This provision also applies to property that is considered as given ancillary to the original treaty agreement. ...