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Some of the factors which should be considered in making this determination are set out in Interpretation Bulletin IT-322R (copy enclosed). ... In those circumstances, the farm property may still be considered to have been used by the owner in a business of farming. ... There may however be other types of sharecropping arrangements where the owner of the land could be considered in the business of farming. ...

Position: Yes, the investment would be considered a prohibited investment pursuant to subsection 207.01(1). ... However, pursuant to subsection 207.01(1) of the Act if the holder of the TFSA has a significant interest in the mutual fund trust then the investment in the mutual fund trust will be considered a prohibited investment for the TFSA. ... Consequently, the mutual fund investment would be considered a prohibited investment. ...

The requirements for being considered a first-time home buyer are found in paragraphs (e) and (f) of the definition of "regular eligible amount" in subsection 146.01(1) of the Act. ... The determination of whether an individual is considered to be a first-time home buyer is a question of fact. If you meet the requirements for the entire period described, you would likely be considered a first-time home buyer for purposes of the Home Buyers' Plan. ...

Further, where the travel is considered personal, the individual cannot claim a deduction for travel expenses under the Act. ... Generally, travel by an individual between RPEs is considered employment-related. However, the primary purpose of the trip must be considered in determining whether or not this is the case. ...

Whether a city can be considered a special work site? 2. Whether travel between a temporary place of residence and a special work site is considered personal travel? ... Employer-provided transportation between an employee's temporary residence and RPE at a special work site would be considered personal in nature, would give rise to a taxable benefit under paragraph 6(1)(a) of the Act, and would not be exempt under paragraph 6(6) of the Act. ... Even where the conditions of subsection 6(6) of the Act are not satisfied, an employee's use of an employer-provided vehicle may not give rise to a taxable benefit in situations where the travel is considered employment-related. ...

18 June 2010 External T.I. 2009-0335901E5- Home Buyers' Plan- qualified home Unedited CRA Tags ITA 146.01 Principal Issues: Is a mobile home on leased land considered a qualifying property for purposes of the Home Buyers' Plan? ... A mobile home on leased land is considered a qualifying property for purposes of the Home Buyers' Plan assuming all other conditions are met. ... Accordingly the individual would not be considered a first-time home buyer. ...

Reasons: The CRA has previously taken the position that where an old debt is repaid and a new debt is obtained from a different arm’s length creditor, the transactions would generally not be considered as a substitution of debt. ... You ask whether these transactions would be considered to be made in respect of the substitution or conversion of a debt obligation to another debt obligation for the purposes of paragraph 18(9.1) of the Income Tax Act (the “Act”.) ... It is a question of fact whether a payment can reasonably be considered to fall within the ambit of paragraph 18(9.1)(a). ...

The central management and control of an organization is usually considered to be exercised by the group that performs the function of a board of directors of the organization. ... " Where an organization which would otherwise not be considered to be resident on reserve is asserting that it satisfies the definition because it holds its board of directors meetings on reserve, it should generally be considered to satisfy the definition where management and control over the organization is legitimately exercised during those meetings. ... Accordingly, the employee will not be considered to be resident on the reserve for purposes of the Guidelines. ...

In accordance with Interpretation Bulletin IT-392, a NYLLC is considered to have capital stock consisting of 100 issued shares and each owner of a beneficial interest in the NYLLC is then considered to own a number of shares proportionate to his beneficial interest in the NYLLC. Each amount distributed on account of profits by the NYLLC to its owners will be considered dividends for the purpose of the Act and the Regulations made thereunder. ... On the other hand, where the mind and management of the NYLLC is situated in the U.S., resulting in the NYLLC not being considered a resident of Canada for purposes of the Act, it will not be considered as being a resident of either Contracting State for purposes of the Convention, if it is treated as a partnership for purposes of the Code. ...

Position: There is twelve-month "grace period" in which a newspaper that was previously considered a Canadian newspaper will continue to be considered so for purposes of subsection 19(1) of the Act. ... To be considered a Canadian newspaper, certain Canadian ownership criteria must be met. ... Therefore, there is twelve-month "grace period" in which a newspaper that was previously considered a Canadian newspaper will continue to be considered so for purposes of subsection 19(1) of the Act. ...