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11 August 1997 External T.I. 9626335- WHETHER MULTIPLE PROPERTIES CONSIDERED "A PROPERTY? ...

Cash which is temporarily surplus to the needs of the business and which is invested in short-term income producing investments may be considered to be used in the business. Cash balances which accumulate and are then depleted in accordance with the annual seasonal fluctuations of an ongoing business will generally be considered to be used in the business, but a permanent balance in excess of the company's reasonable working capital needs will generally not be considered to be so used. ... [C]ash and near cash assets held to offset the non-current portion of long term liabilities will not generally be considered to be used in the business. ...

9 August 2019 External T.I. 2019-0813021E5- TOSI and excluded shares-- summary under Paragraph 96(1)(f) Summary Under Tax Topics- Income Tax Act- Section 96- Subsection 96(1)- Paragraph 96(1)(f) partner carries on business of partnership CRA considered that: Where the jurisdictional law regarding partnerships provides that a partnership is an agreement among the partners to carry on business in common, each partner will be considered to be carrying on the business of the partnership. Accordingly, where an inactive spouse held 10% (by votes and value) of a Partnerco of a partnership carrying on an active non-services partnership, the Partnerco would be considered to carry on directly the “related business” (i.e., the business of the partnership), so that the test to this effect in the “related share” definition in s. 120.4(1) would be considered to be satisfied. ...

Cash or near cash property is considered to be used principally in the business if its withdrawal would destabilize the business. 3. Cash which is temporarily surplus to the needs of the business and is invested in short-term income producing investments could be considered to be used in the business. 4. Cash balances which accumulate and are then depleted in accordance with the annual seasonal fluctuations of an ongoing business will generally be considered to be used in the business but a permanent balance in excess of the company's reasonable working capital needs will generally not be considered to be so used. 5. ...

Cash or near cash property is considered to be used principally in the business if its withdrawal would destabilize the business. 3. Cash which is temporarily surplus to the needs of the business and is invested in short-term income producing investments could be considered to be used in the business. 4. Cash balances which accumulate and are then depleted in accordance with the annual seasonal fluctuations of an ongoing business will generally be considered to be used in the business but a permanent balance in excess of the company's reasonable working capital needs will generally not be considered to be so used. 5. ...

In the event that, without being equivalent, the hourly rate of a volunteer firefighter is comparable to that of a regular firefighter, we are of the view that the amount paid would not be considered "minimal". As a result, the firefighter in this situation would not be considered to be acting as a volunteer for the purposes of subsection 81(4) and section 118.06. ... Thus, an individual who is required to work a minimum number of hours in a given period of time, except for a very limited number of hours, is generally not considered to be a volunteer firefighter for the purposes of subsection 81(4) and section 118.06. ...

For various of the scenarios considered, CCRA indicated that the changes affected the insurance contract and not the plan. In another scenario, where there were separate contracts of insurance for employees in each province but the terms province-to-province were essentially the same, CCRA considered there to be one plan, so that there would not be a loss of continuity when an employee moved provinces. CCRA also stated [T]wo separate plans could co-exist to the extent that both: the plans are administered separately; the premium rate is determined separately for each plan; the amount of benefits, premium rates, terms of enrolment and other conditions of each plan do not depend on the existence of the other plan; there is no cross-funding between the two plans, i.e., the premiums or returns from one plan should not be used to fund the other plan; for example, if funds were already accumulated in the old plan and used to fund the new plan, then the new plan would be considered a continuation of the old plan; the administration of the plans should indicate that each plan can be considered separate from the other. ...

Are the parents considered to be specified beneficiaries of the trust under s. ... Thus, the parents would be considered to be beneficially interested in the trust and, consequently, they would satisfy the first condition of subparagraph (c.1)(ii) of the definition of "principal residence" in section 54. In addition, where a trust grants a person a right to inhabit a housing unit, owned by the trust, the person would be considered to have a beneficial interest in the trust. ...

Are the parents considered to be specified beneficiaries of the trust under s. ... Thus, the parents would be considered to be beneficially interested in the trust and, consequently, they would satisfy the first condition of subparagraph (c.1)(ii) of the definition of "principal residence" in section 54. In addition, where a trust grants a person a right to inhabit a housing unit, owned by the trust, the person would be considered to have a beneficial interest in the trust. ...

Y are considered, for the purposes of the definition of "qualified farm property" in subsection 110.6(1), to be the fathers of their children (natural, adopted or dependent before the age of 19), grandchildren and great-grandchildren, as well as the spouses or common-law partners of those persons. However, they are not considered to be the father of the brothers and sisters of the spouses or common-law partners of their children, grandchildren or great-grandchildren. ... Y will not be considered to be the father of his son's wife's sister, notwithstanding the fact that that person is considered to be his son's sister pursuant to paragraph 252(2)(c). ...