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For instance, in Ensite Ltd. v R. (86 DTC 6521) interest earned on funds deposited by the Canadian taxpayer in a foreign bank as security for foreign currency loans was considered ineligible for foreign investment income treatment.  ... Consequently income on such funds was considered active in the context of subsection 129(4.2). ...

As a result, we considered whether the lump-sum payment could be reported in a prior taxation year of the Estate. ... Subsections 104(6) and 104(13) must be considered in conjunction with subsection 104(24) of the Act, which provides that an amount is deemed not to have become payable to a beneficiary in a taxation year unless it was paid in the year to the beneficiary or the beneficiary was entitled in the year to enforce payment of the amount. ...

Article 24(1) of the Agreement provides that a reserve may be accumulated as part of the Fund where such a reserve is considered to be in the best interest of the Fund.  ... In connection with this comment, we also note that a shareholder or officer would not be considered an employee representative.  ...

In your enquiry, you describe a situation where the CRA has started examining the activity of a non-resident trust that has never filed a Canadian return of income and that has not previously been assessed or considered a taxpayer under the Act. ... A paragraph 94(3)(f) election would be considered valid if it is filed with the return of income for the “first taxation year” even if that return is filed past its due date. ...

Given that the athlete is a non-resident, it is necessary to determine for purposes of paragraph 2(3)(a) if the employment income earned by the athlete in the relevant taxation years is considered to be “from the part of those duties that were performed in [Canada]” according to paragraph 4(1)(b). ... In Nonis v The Queen, 2021 TCC 31, at paragraph 68, the Court determined that the “relevant factor to be considered [for a non-resident individual] is whether the remuneration is attributable to duties performed in Canada”. ...

Jurisprudence Given these comments as to the apparent intension of the legislators, it should then be considered how this provision has been interpreted in the jurisprudence. ... Within that industry development expenses would be committed only when a reserve has been established that is considered to be likely to produce a satisfactory profit from production as a result of planned investment in a specific project. ... Support for this view may be found in the decision of the Tax Court of Canada in the Alberta Energy Company Ltd. case (95 DTC 220) wherein the provisions of former subparagraph 66(15)(c)(vii) [now paragraph (f) of the CRP definition] were considered by the Court. ...

A Netherlands Antilles private foundation will generally be considered to be a trust for purposes of the Act. ... Separate entity status Separate legal entity status is no longer considered a distinctive feature of corporations alone. ... However, as noted above, it is our view that the existence of a separate legal existence would not, in and of itself, preclude an arrangement from being considered a trust for purposes of the Act. ...

The amounts could also be considered as an inducement for the purposes of paragraph 12(1)(x) as the contractor is obliged to release the licencee from any claims as consideration for the receipt of the amount. ... In addition, the Court in the FBL case did not consider whether the amount received could be considered to be proceeds of disposition for a timber resource property. ... However, if it can be shown that the payments are intended to compensate XXXXXXXXXX for any loss resulting from destruction or crippling of XXXXXXXXXX 's profit making apparatus, such amount would be considered on account of capital. ...

However, based on our understanding that a Non-Exempt SRL that is considered resident in Barbados for Barbados tax purposes (i.e., its mind and management is located in Barbados) is subject to tax in Barbados on its worldwide income at the normal higher rate specified in the BITA (40%), we are of the view that Article XXX(3) would not apply to such a Non-Exempt SRL, rather such a Non-Exempt SRL should be considered a resident of Barbados under Article IV(1) of the Barbados Convention. ... Accordingly, assuming that the International/Exempt SRL is resident in Barbados under general Canadian common law principles, that is, its central management and control is located in Barbados, it would be considered resident in a designated treaty country for purposes of Part LIX of the ITR. ... Thus, assuming that the Non-Exempt SRL is resident in Barbados under general Canadian common law principles, it would also be considered resident in a designated treaty country for purposes of Part LIX of the ITR. ...

Position: 1- No. 2- Maybe (we do not have a complete picture). 3- No. 4- It will depend on the plan under review. 5- Dealt verbally. 6- Not considered. 7- Yes. ... Section 251 defines circumstances in which persons are considered not to deal with each other at arm's length for the purposes of the Act. ... In light of the answers given above, we have not considered the application of section 245 of the Act. ...