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21 October 1991 TI 912692 (Tax Window, No. 12, p. 22, 1545)-- summary under Related Companies Summary Under Tax Topics- Income Tax Act- Section 9- Related Companies Management fees paid by a professional practitioner to a related corporation generally will be considered deductible if they do not exceed 115% of the reasonable cost incurred by the corporation. A mark-up on outlays or expenses attributable directly to the practice of the profession would be considered unreasonable. ...

(Tax Window, No. 11, p. 6, ¶1538)-- summary under Paragraph 108(2)(b) Summary Under Tax Topics- Income Tax Act- 101-110- Section 108- Subsection 108(2)- Paragraph 108(2)(b) The activity of buying commodity futures contracts long or short is considered to be investing; and unit trusts which comply with the redemption conditions imposed by the applicable provincial securities commission generally will be considered to satisfy the requirements for a redemption under s. 108(2)(a)(i). ...

(March 1990 Access Letter, ¶1158)-- summary under Subsection 245(4) Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(4) The sale by a corporation with non-capital losses which are about to expire of a capital property to its wholly-owned subsidiary at fair market value would not ordinarily be considered to result in a misuse or abuse. However, there will be considered to be a misuse or abuse if the transfer of the assets was undertaken to avoid a specific rule. ...

(Tax Window, No. 32, p. 15, ¶2611)-- summary under Subsection 122.3(1) Summary Under Tax Topics- Income Tax Act- Section 122.3- Subsection 122.3(1) Activities of developing computer software must involve the use of engineering knowledge in order to be considered an engineering activity, and the provision of instruction and advice on computer programs and maintenance will not be qualified activities. An employer will not be considered to be carrying on business in the foreign country unless the activity is a principal activity of the employer. ...

"Profit Sharing Plan for Corporate Partner")-- summary under Subsection 147(2) Summary Under Tax Topics- Income Tax Act- Section 147- Subsection 147(2) Where a corporation controls a partnership which in turn owns all the shares of an employer, the corporate partner will not be considered to deal at arm's length with the employer, and the controlling partner's share in the profits of the partnership will be considered to be profits from the business of the (partner) corporation. ...

(Tax Window, No. 28, p. 21, ¶2388)-- summary under Paragraph 251(1)(c) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(c) Where a widow is the sole beneficiary of her husband's estate and all the shares of a corporation previously owned by her husband are held by an unrelated trustee, she will be considered to have a right to those shares under s.251(5)(b)(i), with the result that that corporation will be considered to be related to a second corporation that is wholly-owned by her. ...

(Tax Window, No. 28, p. 21, ¶2388)-- summary under Paragraph 251(5)(b) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(5)- Paragraph 251(5)(b) Where a widow is the sole beneficiary of her husband's estate and all the shares of a corporation previously owned by her husband are held by an unrelated trustee, she will be considered to have a right to those shares under s.251(5)(b)(i), with the result that that corporation will be considered to be related to a second corporation that is wholly-owned by her. ...

(Tax Window, No. 9, p. 13, ¶1455)-- summary under Retirement Compensation Arrangement Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Retirement Compensation Arrangement Any security arrangement can be considered a contribution, including the pledging of property as security for the plan, letters of credit, mortgages or asset-backed bank guarantees. An employer who sets apart assets for the benefit of employees in such a way that the assets are not available to creditors also may be considered to have made a contribution. ...

(Tax Window, No. 28, p. 13, ¶2381)-- summary under Subsection 400(2) Summary Under Tax Topics- Income Tax Regulations- Regulation 400- Subsection 400(2) A Canadian corporation whose only business is leasing equipment to franchisees in various provinces and that has no employees in such provinces would not be considered to have a permanent establishment in any of those provinces given that it would not be considered to be using the equipment itself. ...

29 March 2012 External T.I. 2010-0391311E5 F- OBNL, exploitation d'une entreprise-- summary under Paragraph 149(1)(l) Summary Under Tax Topics- Income Tax Act- Section 149- Subsection 149(1)- Paragraph 149(1)(l) Timmins expansive concept of "business" applied CRA quoted from Timmmins, and indicated that an organization whose overall objective is not to earn profit may nonetheless be considered to be carrying on a business if it carries on activities regularly over a period of time, with the result that it would not be considered to be operated exclusively for non-profit purposes. ...