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8 August 2012 External T.I. 2012-0442321E5 F- Pompiers volontaires-- summary under Subsection 118.06(1) Summary Under Tax Topics- Income Tax Act- Section 118.06- Subsection 118.06(1) firefighter is not “volunteer” if remuneration is “comparable” to regular firefighter In the course of a general discussion as to whether firefighters in a Town who received remuneration for their work were volunteers, CRA stated: 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.... [A]n 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. ...

28 June 2017 External T.I. 2016-0653921E5 F- Beneficiary/person beneficially interested-- summary under Subsection 248(25) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(25) testamentary trust could be considered to have a right as beneficiary in estate S. 70(3) provides that the rights and things election under s. 70(2) is unavailable if the rights or things (the “Property”) have been distributed by the estate before the deadline for making the election has expired to beneficiaries or other persons beneficially interested in the estate. In the situation where the will bequeathed the Property to a testamentary trust, CRA considered that: To the extent that the testamentary trust is, under applicable private law, a beneficiary of the estate at the time of the transfer or distribution of the Property by the estate, the testamentary trust could be considered a beneficiary or a person beneficially interested in the estate of the deceased individual for the purposes of subsection 70(3). ...

" After a review of jurisprudence on the phrase, CRA stated: [W]hile there are several elements to be considered in determining the existence of a conjugal relationship, it is not necessary that all of the elements be present in a particular situation. Furthermore, as emphasized by the Supreme Court of Canada justices, the weight to be given to each of the elements to be considered may vary from one situation to another. For example, two persons not living in the same household may be considered, for the purposes of the Act, to be living in a conjugal relationship based on their own circumstances. ...

25 October 1994 External T.I. 9417505- LIMITED LIABILITY COMPANY (HAA 4093-U5-100-4)-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 If any limited liability company is treated as a partnership for purposes of the Internal Revenue Code such that the shareholders rather than the limited liability company are liable to tax under the Code on the income of the limited liability company, the limited liability company will not be considered to be a resident of the U.S. under Article IV, paragraph 1, of the Canada-U.S. ... Where the mind and management of the limited liability company is situate in the U.S., it will be considered resident in the U.S. for Canadian tax purposes, but will not be considered a resident of either contracting state under the Convention. ...

20 October 1993 External T.I. 9323775 F- Capital Account and Life Insurance Proceeds in Trust-- summary under Capital Dividend Account Summary Under Tax Topics- Income Tax Act- Section 89- Subsection 89(1)- Capital Dividend Account In order for life insurance proceeds to be included in the capital dividend account of a corporation, the proceeds must be considered to be received by the corporation. If the amounts are received by a trust, other than a bare trust, and then distributed to the corporation, they are not considered to have been so received. A corporation can be considered to have received the proceeds of a life insurance policy which it owned and on which it paid the premiums where it directed the payments to a third party provided the corporation was the beneficiary under the policy. ...

7 July 2000 External T.I. 2000-0015455 F- Allocation de retraite-- summary under Retiring Allowance Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Retiring Allowance the principal shareholder continues as an officer, he is not considered to have retired, even if the corporation's business has been sold Can the principal shareholder be considered to have retired when the corporation has sold all its assets, but the shareholder wishes to retain the corporation in order that it can carry on another business on an occasional basis? ... However, where the principal shareholder continues as an officer, he is not considered to have retired, even if the corporation's business has been sold. ...

DSI of Opco considered to be transferred to Holdco 2: $170- $98= $72. 3. ... DSI of Holdco 2 after reorg: (DSI of Holdco 2 prior to reorg ($10) + $72 DSI considered to have been received from Opco per 2 above) x net cost amount of assets considered retained by Holdco 2 ($37 per 3 above, plus the $20 cost of other assets, totaling $57) / (net cost amount of assets of Holdco 2 “prior to” [sic] reorg ($57) + net cost amount of assets considered to have been received from Opco ($100 cost of Property 1)) = 82 x 57/157 = $30. 5. DSI of Holdco 2 considered to be transferred to Holdco 1: $82 – $30 = $52. 6. ...

Would LP2 be considered to be a foreign affiliate of Canco for the purposes of the definition of "excluded property"? ... However… the requirement in paragraph (b) of the definition of "foreign affiliate" is not met in these circumstances and therefore LP2 cannot be considered a foreign affiliate of Canco. ... Accordingly, Canco would not be considered to be related to LP1 for the purposes of determining whether LP2 is a foreign affiliate of Canco for the purposes of the definition of "excluded property". ...

A be considered income that is derived directly or indirectly from a related business for s. 120.4 purposes? CRA stated: Dividends paid by Investco out of its after-tax income from its investments in publicly-traded corporations would not be considered to be derived, directly or indirectly, from the related business of Opco in respect of Mrs. ... However, gains earned by Investco as a result of the investment of those dividends would not be considered to be derived, directly or indirectly, from the related business of Opco in respect of Mrs. ...

CRA stated: It should be noted that under the definition of "periodic pension payment" in section 5 of the [Income Tax Conventions Interpretation Act], neither a payment from an RRSP before maturity or in full or partial commutation of the retirement income under an RRSP (such as a a fixed or single lump-sum payment from your RRSP annuity that is equal to the current value of all or part of your future annuity payments from the plan), or a payment from a RRIF that exceeds either twice the minimum payment or the 10% threshold, is considered to be a "periodic pension payment". ... In addition, since the Current Treaty and the New Treaty have pension and annuity provisions, then the pension provision, as the more specific provision, is considered to apply and, by extension, a periodic pension payment would not be considered to be an annuity. ...