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(February 1990 Access Letter, ¶1123)-- summary under Specified Investment Business Summary Under Tax Topics- Income Tax Act- Section 125- Subsection 125(7)- Specified Investment Business Where a corporation which is one of a group of corporations in the business of leasing rental properties employs a 7-man maintenance crew which spends 40% of its time working for the corporation and the rest of the time working for the associated corporations in return for a management fee, the corporation will not be considered to employ 5 full-time employees. Where a corporation in the business of leasing rental properties employs 6 people in various functions, approximately 60% of whose time is spent on corporation business and the remainder on contract work for associated corporations, the corporation will not be considered to employ 5 full-time employees. ...

(Tax Window, No. 30, p. 20, ¶2500)-- summary under Paragraph 20(1)(e) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(e) Where there is an acquisition of control of a debtor and of its debt followed in the same day by an amalgamation of the debtor and the purchaser, then provided no election is made under s. 256(9), the amalgamation will be considered to occur on the same day and time as specified in the Certificate of Amalgamation. S.80(2) will deem the debt to have been settled or extinguished immediately before the time that is immediately before the amalgamation, with the result that for purposes of s. 20(1)(e)(v) the debt will be considered to have been settled or extinguished in the taxation year of the predecessor ending immediately before the acquisition of control occurred. ...

Before going on to consider the application of ss. 212(1)(d)(i) and (iii), CRA noted that although the inquiry asked only about the witholding tax treatment of the amount remitted by the Promoter to the US publisher, it considered the gross amount of the fees to be paid or credited by the Canadian advertisers to the US publisher, on the basis that it considered that the Promoter would be receiving the fees from the Canadian advertisers as agent for the US publisher. ...

In finding that ss. 8(5)(a) and (c) did not deny the deduction of the Dues, CRA stated: [U]nion dues used to fund the pension plan of union employees are generally not considered levied for or under a superannuation fund or plan. Further…union contributions to a pension plan for its employees are generally considered to be related to the ordinary operating expenses of the union. ...

13 March 2015 External T.I. 2015-0564611E5- Definition of farming-- summary under Farming Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Farming breeding of rodents as food but not as pets Before concluding that "the raising or breeding of rodents could be considered 'farming' for purposes of the Act if the primary purpose for such activity is to supply a food source, whether that food source is for animal consumption or human consumption ….[but] the raising or breeding of rodents or other animals to be sold for use as pets would not be considered as farming," CRA noted that in Sniderman v. ...

CRA stated: [D]espite the fact that NRCo had previously distributed its property…NRCo should be considered a foreign affiliate of CanCo in the taxation year of CanCo that ended December 31, 2012. We have considered whether NRCo could be regarded dissolved for purposes of the reporting requirement in subsection 233.4(4) prior to its formal dissolution in the circumstances described in IT-126R2…[and] we concluded that IT-126R2… would not apply for purposes of the reporting requirement in subsection 233.4(4). ...

Where the applicable corporate law provides that the predecessor corporations involved in the amalgamation cease to exist, and that a new corporation is formed on the amalgamation, the predecessor corporations will generally be considered to have disposed of any property held immediately before the amalgamation. However, where the applicable corporate law suggests a "continuation type" amalgamation, the predecessor corporations will generally not be considered to have disposed of any assets that they held immediately before the amalgamation. ...

Where the applicable corporate law provides that the predecessor corporations involved in the amalgamation cease to exist, and that a new corporation is formed on the amalgamation, the predecessor corporations will generally be considered to have disposed of any property held immediately before the amalgamation. However, where the applicable corporate law suggests a "continuation type" amalgamation, the predecessor corporations will generally not be considered to have disposed of any assets that they held immediately before the amalgamation. ...

18 August 2014 External T.I. 2014-0540361E5 F- CDA and the deeming rules of 40(3.6) or 112(3)-- summary under Paragraph 40(1)(b) Summary Under Tax Topics- Income Tax Act- Section 40- Subsection 40(1)- Paragraph 40(1)(b) ss. 112(3) and 40(3.6) stop-loss rules modify operation of s. 40(1)(b) A corporation's capital dividend accounts will not be reduced by a loss on the redemption of shares held by it where such loss is deemed to be nil by s. 40(3.6) or 112(3), given that where s. 40(3.6) or 112(3) applies to deem its loss to be nil, it is not considered to have sustained a loss for the purpose of s. 39(1)(b). ... The resulting loss...is considered to be the loss determined in accordance with paragraph 40(1)(b). ...

18 August 2014 External T.I. 2014-0540361E5 F- CDA and the deeming rules of 40(3.6) or 112(3)-- summary under Capital Dividend Account Summary Under Tax Topics- Income Tax Act- Section 89- Subsection 89(1)- Capital Dividend Account no capital loss for CDA purposes where ss. 112(3) and 40(3.6) stop-loss rules apply A corporation's capital dividend accounts will not be reduced by a loss on the redemption of shares held by it where such loss is deemed to be nil by s. 40(3.6) or 112(3), given that where s. 40(3.6) or 112(3) applies to deem its loss to be nil, it is not considered to have sustained a loss for the purpose of s. 39(1)(b). ... The resulting loss...is considered to be the loss determined in accordance with paragraph 40(1)(b). ...