Search - considered

Position: If a temporary base has been established overseas amounts paid for meals and lodging in that place are considered personal expenses and are not deductible as research expenses. ... Specifically you ask whether the following expenses incurred in New Zealand would be considered research expenses:? ... While those expenses cannot be deducted in the year in which they are incurred, they are considered to be deductible in the year in which the grant is received. ...

It Is our view that where cash that is temporarily surplus to the needs of the business is invested in short-term income-producing investments, those investments may be considered to be used in the business.  Therefore, income from such investments would be considered to pertain to or be incident to that business.  ... Rather such funds would be considered as permanently set aside for non-qualified uses (i.e. uses other than in an active business).  ...

Accordingly for purposes of section 114 of the Act the individual in situation (i) above would not be considered to be employed in Canada during the non-residency period. In accordance with common law, where a partnership carries on business each of the partners, whether limited or general, will be considered to carry on that business. Where the partnership carries on that business through a permanent establishment, each of the partners are considered to carry on that business through a permanent establishment. ...

While, in these circumstances, the sub-leasing revenue would be considered from the operation of ships, in any case where the sub-time chartering activity constitutes a separate business the revenue therefrom would not be considered to be from the operation of ships. ... Income from shipbroking will not be considered income from the operation of ships. ... Interpretation Bulletins IT-290, IT-371 and IT-400 outline some of the criteria that should be considered when determining which of a corporation's businesses should be considered its principal business. ...

S-Corp owned by a US resident individual are entitled to the 5% withholding rate under Article X(a) of the Canada-United States Tax Convention (Treaty) Position: The 5% rate is applicable where the S-Corp is, pursuant to Article X(2)(a), considered to own at least 10% of the shares of Canco, the dividends are considered to be derived by the S-Corp pursuant to Article IV(6), and the S-Corp is eligible for benefits under Article XXIX A of the Canada-United States Tax Convention (Treaty). ... You have asked us: (a) Whether the Treaty would apply to limit Canada's taxation to 5% of the gross amount of the dividend; and (b) Whether the S-Corp would be considered a qualifying person under Article XXIX A of the Treaty. ... Subparagraph 2(a) of Article X of the Treaty provides, that for the purpose of determining whether the beneficial owner of a dividend is a corporation that is a resident of a Contracting State that owns at least 10% of the voting stock of the company paying the dividend,... a company that is a resident of a Contracting State shall be considered to own the voting stock owned by an entity that is considered fiscally transparent under the laws of that State... in proportion to the company's ownership interest in that entity Under subparagraph 2(a), the S-Corp would be considered to own the shares of Canco owned by the US LLC. ...

It is a question of fact whether a particular employer's arrangement is considered a HWT. ... Our comments It is a question of fact whether a particular employer's plan is considered a PHSP. However, to be considered a PHSP, the plan must be an insurance plan. ...

Position: It is a question of fact, but no if the work location is considered to be the employee's RPE. ... Travel between the employee's home and a regular place of employment is considered to be personal travel. ... Where an employee works at a particular location for an extended period of time such place will most likely be considered to be that employee's regular place of employment. ...

At issue is whether CC would be required to reduce its otherwise eligible SR&ED expenditures by virtue of subsection 127(18) for a portion of the government assistance on the basis that a portion of the assistance "can reasonably be considered to be in respect of" SR&ED. ... Subsection 127(18) of the Act applies to reduce qualified expenditures where the government assistance, non-government assistance or contract payment "can reasonably be considered to be in respect of" SR&ED. ... Whether an amount "can reasonably be considered to be in respect of" SR&ED in a particular situation is a question of fact to be determined with reference to the circumstances, agreements, etc., relevant to the particular situation. ...

Accordingly, the loan would be considered as assistance. As well, if the lender is committed to forgive the loan because of insufficient revenue or for any other reason, the loan would be considered to be a forgivable loan. ... Your concern would appear to be whether the funding would be considered "assistance", for the purposes described above. ... An amount paid to a production company that otherwise would be described under subparagraphs 12(1)(x)(i) to (iv) of the Act may not necessarily be considered as assistance. ...

If the training falls into category 1 or 2 it will be considered non-taxable. Category 3 training will be considered taxable. Each case must be examined. ... As such, benefits paid out of the TTF would not be considered taxable under 6(1)(g) of the Act. ...