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Reasons FOR POSITION TAKEN: Clause 127.52(1)((i)(ii)(A) allows a taxpayer to deduct for AMT purposes the total of all amounts each of which is an amount that can reasonably be considered to be the amount that the individual would have deducted under paragraph 111(1)(b) had the capital gains inclusion rate been 100%. ... Clause 127.52(1)(i)(ii)(A) states: "the total of all amounts each of which is an amount that can reasonably be considered to be the amount that the individual would have deducted under paragraph 111(1)(b) had paragraph (d) of this subsection been applicable in computing the amount deductible under paragraph 111(1)(b)". ...

Reasons FOR POSITION TAKEN: The terms of the settlement are considered to be consistent with the Department's position set out in IT-365R2 (in particular paragraphs 3 and 5). ... To the best of your knowledge, and that of the taxpayer involved, none of the issues contained herein is, in an earlier return of the taxpayer or a related person, being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person or is under objection by the taxpayer or a related person and is before the courts or, if a judgement has been issued, the time limit for appeal to a higher court has not expired. ...

., a grandparent) such shares would be considered prescribed securities and the subsection 39(4) election would not be available to the child. ... The shares are such that the borrowed money is considered to be used for the purpose of earning income from property. ...

In the situation outlined above, the issue to be considered is whether the meal allowance would be excluded from income under either subparagraph 6(1)(b)(vii) or 6(6)(a)(i) of the Act. ... We have also considered the application of subparagraph 6(1)(b)(vii) of the Act to construction workers who perform their duties at several different job sites during the year. ...

Will the corporations be considered to be personal services corporations? ... Whether or not a corporation is considered to be carrying on a personal services business is a question of fact. ...

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 return of the taxpayer or a related person; (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person; (iii) under objection by the taxpayer or a related person; (iv) subject to a ruling previously issued by the Income Tax Rulings Directorate; or (v) before the courts or, if a judgement has been issued, the time limit for appeal to a higher court has not expired. ... Nothing in this letter should be considered as confirmation of the income tax consequences of any of the transactions described in this letter other than as specifically described. ...

REASON FOR POSITION TAKEN The terms of the settlement are considered consistent with the Department 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 centre in connection with a previously filed tax 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 judgement has been issued, the time limit for appeal to a higher court has not expired; or (v) subject of a ruling previously issued by the Income Tax Rulings Directorate. ...

As such income will generally be generated off the reserve, it would be considered to be earned in the normal economic mainstream and, accordingly, not considered personal property situated on a reserve. ...

As requested, we have considered the situation outlined in your letter and have provided some comments below. ... Further, the definition provides that property will not be considered to have been used in the course of carrying on the business of farming by the person unless it meets the conditions in either subparagraph (a)(vi) or (a)(vii) of the definition. ...

This paragraph provides that, in order for the use of an employer's recreational facilities at nominal or no charge not be considered a taxable benefit in the hands of an employee, those same facilities must be available to employees generally. ... In relation to the above comments, you have referred to a document issued by this Directorate (E 9916907), which indicates that in order for the benefit derived by an officer or employee from the use of employer-owned recreational facilities to be considered a non-taxable benefit, all employees generally must be provided access to those facilities. ...