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5 November 1999 Internal T.I. 9910637- MAKING OF LOANS-- summary under Non-Resident-Owned Investment Corporation Summary Under Tax Topics- Income Tax Act- Section 133- Subsection 133(8)- Non-Resident-Owned Investment Corporation Where a promissory note is issued to pay a dividend, the creditor (in this case, an NRO) will not be considered to have made a loan because no borrower-lender relationship will have been created as a result of the issuance of the promissory note. ...

5 February 2001 Internal T.I. 2000-0062927 F- Société civile française-- summary under Section 96 Summary Under Tax Topics- Income Tax Act- Section 96 French civil partnership is a partnership, not a corporation A French civil partnership had attributes that were more similar to those of a partnership than of a corporation, so that it was a partnership for ITA purposes The Directorate stated: The fact that such an entity has legal personality under French law does not in itself prevent it from being considered a partnership for the purposes of the Act. ...

12 July 2011 Internal T.I. 2010-0366321I7- Tax treatment of break fees received-- summary under Paragraph 12(1)(x) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(x) break fee In indicating that a break fee should be included in income under s. 12(1)(x) even if it were not includable under s. 9(1), CRA indicated that per BJ Serices it was received "in the course of earning income from a business or property," it was received as an inducement as the target had wished for the taxpayer to make an offer for the target's shares and, in addition, a portion of the break fee may be considered as a reimbursement for expense incurred by the taxpayer. ...

Partnership-- summary under Business-Income Tax Summary Under Tax Topics- Income Tax Act- Section 126- Subsection 126(7)- Business-Income Tax Where a limited partners in a U.S. partnership is required to pay U.S. tax on his share of the income of the U.S. partnership, such tax will be considered to be tax in respect of income of the Canadian taxpayer from a business carried on by him in the U.S. and, as such, to be a business-income tax, assuming that the income of the partnership from its assets is business income. ...

Black and Decker, [1975] 1 S.C.R. 411 (two streams coming together but continuing to exist) Opco 2 was considered to have disposed on the merger of its shares of two Canadian subsidiaries, thereby realizing the accrued gains on those shares. ...

CRA stated that "generating electricity from a 'wind farm' does not meet the definition of "farming" in subsection 248(1)," and went on to note that "whether or not the income from… the other activities can be included in the taxpayer's farming income generally depends on whether the other activities are considered to be incidental to the taxpayer's farming operations, or are, in fact, a separate business. ...

16 July 2013 Internal T.I. 2013-0481151I7- Application of 152(4)(b)(iv) and 110.5-- summary under Subsection 152(4) Summary Under Tax Topics- Income Tax Act- Section 152- Subsection 152(4) s. 110.5 addition Respecting whether an addition to income under s. 110.5 is considered a permissive amount for purposes of IC 84-1, so that the Minister may allow this adjustment beyond the period provided in s. 152(4)(b)(iv), CRA agreed that this amount is permissive. ...

Profit- Foreign Exchange swap contract treated as inventory CRA found that cross-currency swaps with accrued gains, which for redacted reasons were considered to be held on income rather than capital account, qualified as "inventory" under the broad s. 248(1) definition, so that they could be transferred on a rollover basis into subsidiaries under s. 85(1). ...

The Directorate stated: [I]f a person is employed to provide a single service, such as providing household or transportation services, the provision of these services is not considered to be attendant care. ...

In finding that this did not give rise to a taxable benefit, CRA indicated that as there have been no relevant changes since Cooper, s. 105(1) "would not be considered favourably as a ground for including a foregone interest benefit in the income of Mr. ...