Search - considered

In finding that the taxpayer could claim the tuition tax credit (“TCC”) respecting the tuition fees paid for the 2007 taxation year, the Directorate stated: [S]ince May 3, 2007, the CRA has considered that a student may claim the TTC in respect of courses taken via the Internet to the extent that the student can demonstrate that this is equivalent to attending university on a full-time basis and to the extent that the other conditions applicable to the TTC are satisfied. … Regarding travel and living expenses, those expenses are not considered eligible tuition fees. ...

CRA stated: Where transfer prices differ from arm’s length terms, it can generally be considered that a benefit is conferred on the person overcharging or underpaying for goods or services. ... On this basis, it is our view that the benefit conferred in the situation described cannot be considered a capital contribution by Canco to CFA for purposes of paragraph 53(1)(c). ...

., ensuring compliance with ITA requirements including monitoring for non-qualified investments and ensuring all transactions occurred at fair market value), and stated: In light of these statutory duties and obligations, the central management and control of a TFSA trust will rest with, and be exercised by, the trustee in Canada … [so that] a TFSA trust will always be considered resident in Canada for the purposes of the Act. The Directorate similarly stated that RRSPs, RRIFs, RESPS and RDSPs “will always be considered resident in Canada.” ...

[Furthermore] … it is highly doubtful that the Right can be considered real property …. Article 900 of the Civil Code of Québec, which states that "fruits and other products of the soil may be considered to be movables … when they are the object of an act of alienation,” leads us to believe that the Right would not constitute immovable property but rather movable property. ...

CRA proposed to disallow the interest deduction to the S.E.N.C. and to include the amount of the advances in the income of the holding companies pursuant to s. 15(2) (on the basis that the S.E.N.C. was connected to the shareholders of the holding companies since each partner was considered not to deal at arm's length with the S.E.N.C.). The taxpayer considered that the disallowance of the interest expense to the S.E.N.C. resulted in additional income allocated to the partners and that the latter must also include the same amount in their income for tax purposes pursuant to s. 15(2), contrary to s. 248(28). ...

4 October 2002 Internal T.I. 2001-010564A F- PENSION ALIMENTAIRE-ARRERAGES-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt set-off does not constitute payment unless the parties so agree After finding that a lump-sum payment to cover support-payment arrears could be considered as an amount payable on a periodic basis, even though it was less than the amount initially anticipated, the Directorate went on to note: The Court of Appeal judge decided to credit the amount of $XXXXXXXXXX, which consisted of expenses incurred by Monsieur for the benefit of the child, against the balance of the arrears owed to Madame by Monsieur. ... Consequently, we are of the view that the amount of $XXXXXXXXXX cannot be considered a payment. ...

Consequently, any proportional distribution of income or capital gains by a corporation to its shareholders may be considered a dividend payment, unless the corporation can demonstrate that it is some other type of payment. ... In light of this proposition, in order for an amount to be considered a dividend, it must be distributed to a person who qualifies as a shareholder of the Corporation, which does not appear to be the case here. … Consequently, you cannot characterize this amount as a non-deductible dividend to the corporation. ...

Accordingly, if all the LLCs were fiscally transparent for U.S. income tax purposes (so that LLC1 was a partnership for U.S. purposes), USCo1 and USCo2 would be considered to be deriving income through LLC3 that met the same tax treatment condition in Art. IV(6) – and, similarly, LLC1 Itself would be considered to be deriving such income as a qualifying person if it had chosen to be treated as a corporation. ...

[E]mployee lease-out services should generally be considered a separate business from other activities of the corporation. ... Where the location from which the business is actually directed and administered is located on a reserve, the employer will generally be considered to reside on that reserve. … As we noted in Employee Leasing: Tax-Planning Arrangements Based on Section 87, the location of the employer on a reserve is not a connecting factor strong enough, on its own, to exempt the employment income from tax where an Indian is employed through an on-reserve employer but performs the duties of employment off-reserve. ...

23 April 2019 Internal T.I. 2018-0750821I7 F- Revenu d’emploi d’un Indien-- summary under Paragraph 4(1)(a) Summary Under Tax Topics- Income Tax Act- Section 4- Subsection 4(1)- Paragraph 4(1)(a) employee leasing-out generally considered to be a separate business The employer is located on a reserve and carries on a construction business. ... As a result, we are of the view that employee lease-out services should generally be considered a separate business from other activities of the corporation. ...