Search - considered

Is the court order considered to be a court order made after April 1997? ... Position: Yes, the court order dated XXXXXXXXXX, is considered to be a court order made after April 1997 and paragraph (a) of the definition of “commencement day” in subsection 56.1(4) applies. ...

Finally, paragraph 14 of the IT provides that a “taxpayer is considered to be the beneficial owner of the housing unit where the agreement is a conditional sales contract.” Interpretation Bulletin IT-285R2- Capital Cost Allowance- General Comments Paragraph 17 of IT-285R2 further provides that a taxpayer will be considered to have acquired a depreciable property “at the earlier of (a) the date on which title to it is obtained, and (b) the date on which the taxpayer has all the incidents of ownership such as possession, use, and risk, even though the legal title remains in the vendor as security for the purchase price (as is commercial practice under a conditional sale agreement).” ...

Paragraphs 4 and 5 go on to state that an amount is not considered payable if the beneficiary can only enforce payment by either having the trust agreement amended or causing the trust to be wound up. ... The same amount cannot be deducted from the income of the trust for the purposes of paragraph 104(6)(b) but considered to be included in the income of the trust for the purposes of the definition in paragraph 146(1)(c). ...

Based on the loan documentation, his opinion is that the loans are obligations of the individual partners themselves, not of the partnership, and, as a result, would be considered as private debts of the partnership as understood by paragraph 11 of the partnership agreement. 5.      ... " It means that the ownership of property will be considered as a partnership activity for the purpose of subdivision "j" of Division B of Part I of the Act. ...

We would also note, with reference to your first comment under the heading "Vendor is a Farmer", that the comments contained in paragraph 7 of the Bulletin provide an example of how a situation may arise in which it would not be appropriate for an isolated sale of agricultural land to be considered solely a capital transaction. ... Matthews case; 74 DTC 6193) indicate that a taxpayer may be considered to be farming where an area of land is being reforested "...with the objective of producing mature trees at a date that may be 40 or 50 years in the future, or even longer". ...

A reimbursement is usually considered as a repayment of an expense actually incurred and an allowance implies an amount paid in respect of some possible expense without any obligation to account for any actual expense. ... Nevertheless, it is the Department's general position that this requirement may also be considered to have been satisfied where it is tacitly understood by the employer and the employee that the workspace be provided by the employee. ...

Based on our understanding of the facts as outlined above, it is our view that the amount of the settlement which pertains to lost wages is an amount which would be considered as remuneration in respect of an office or employment. ... In summary, it is our view that source deductions are required in respect the award except to the extent that the award can be considered general damages for mental anguish or loss of dignity although it may be appropriate to waive the withholding requirement in respect of the legal fee reimbursement. ...

The following criteria should be considered: the profit and loss experience in past years, the taxpayer's training, the taxpayer's intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ... These criteria are considered whenever we examine the following topical issues: rental operations, especially if the tenants are not dealing at arm's length with the landlord; yacht chartering operations; trailer rentals through an agent; and other operations flowing from, or associated with, a taxpayer's personal interests, hobby, and similar pursuits. ...

His specific question is "how fast is one normally expected to travel these 50 metres before the simple act of walking is considered taking an excessive amount of time? ... While these terms may also be considered subjective, when the phrase is looked at in its context ("...the individual is blind or is unable (or requires an inordinate amount of time) to... ...

The organization in receipt of the assignment should not include the amount of these particular types of payments in the amount reported on the T5007 as they could not be considered to be part of a compensation paid pursuant to 110(1)(f)(ii) or social assistance payment pursuant to 56(1)(u) of the Act. ... In the case of XXXXXXXXXX the issue is whether the Alberta WCB is collecting the amount from the third party insurer on its own behalf or on behalf of XXXXXXXXXX is of the view that these settlement funds were collected on his behalf and accordingly are a damage settlement and cannot be considered a compensation payment from the WCB. ...