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This is similar to the position stated in paragraph 2 of Interpretation Bulletin IT-50R that a taxpayer is considered to have acquired a property on the date on which he has all the incidents of title even though legal title remains with the vendor. ... Even if an individual is not considered to have acquired the home at the beginning of the contract, he has an interest in it as the contracts require the vendor to repurchase the purchaser's interest at specified amounts. ... Consequently it is our opinion that an individual who already has an interest in a home is considered to have previously acquired it and generally cannot participate in the RRSP Home Buyers' Plan because of the provisions in the definition of eligible amount requiring him to acquire it after February 25, 1992, or not more than 30 days prior to withdrawing funds from his RRSP. for DirectorFinancial Industries DivisionRulings Directorate ...

Accordingly, provided Canada or a province has the right to grant permission for the employer to exercise the activities outlined in paragraph 255(a) of the Act, that employer will be considered to carry on his business in Canada whether he is 186 or 250 miles offshore. ... Accordingly, all rigs operating on the continental shelf off the east coast of Canada will be considered to be located in Canada and therefore employees working on such rigs will be considered to perform their duties of employment in Canada for purposes of subsection 122.3(1) of the Act. ...

It is our view that the crude oil in question would be considered as "property" for the purpose of the exemption provision under subparagraph 212(1)(d)(iii) of the Act. ... Such a determination could only be made after all the relevant facts are considered and we do not have all the relevant facts at this time. ...

As a result, a reference specifically to an individual in a particular provision of a tax convention cannot be considered as a reference to a trust. ... The above position is different from the interpretation set out in document number 912246 dated September 27, 1991 and should be considered to override such earlier interpretation. ... Other Comment Even if a trust were considered an individual for the purposes of an income tax convention, the tie-breaker rule applicable to individuals would be of no use in clarifying the residence of a trust for the purposes of the convention because terms like "permanent home", "center of vital interest" and "habitual abode" used therein have meaning only in reference to natural persons. ...

Principal Issues: General comments on whether Indians Bands can be considered public bodies performing a function of government. Position: Reasons: June 28, 2000 Small & Medium Enterprises Division HEADQUARTERS Audit Directorate Karen Power, CA Compliance Programs Branch (613) 957-8953 Attention: Diana Favel 2000-001254 Indians Bands as Public Bodies Performing a Function of Government Further to our recent meeting (Albert/Power/Favel/Mott) we are writing to clarify the Agency's position regarding whether Indian Bands may be considered public bodies performing a function of government in Canada for purposes of paragraph 149(1)(c) of the Income Tax Act (the "Act"). ... More recently, the Agency has taken the position that Bands that do not meet either of these requirements can be considered on a case-by-case basis to determine whether the band performs a function of government such as negotiating and implementing Treaty Land Entitlements. ...

Reasons: Other than bison, the animals are not considered to be bovine animals (i.e., members of the Bovinae subfamily). The issue was carefully considered in 981782. July 19, 2000 Della Mckee HEADQUARTERS Calgary Tax Services Office M. ... Your concern is whether animals such as cattle, pigs/hogs, elk, bison/buffalo, or alpaca would be considered to be "specified animals" for the purposes of subsection 28(1.2) of the Income Tax Act (the "Act"). ...

XXXXXXXXXX accountant has requested that his employment income for the aforementioned period be considered to be exempt from taxation pursuant to the provisions in the Indian Act. ... Section 87 of the Indian Act provides that the personal property of an Indian situated on a reserve is exempt from taxation, and the courts have determined that employment income is considered personal property. ... The Department has issued the Indian Act Exemption for Employment Income Guidelines to assist individuals to determine when their employment income would be considered exempt under the Indian Act. ...

Reasons: Whether the boat slip is real or immovable property is a factual inquiry and depends on whether the boat slip can be considered to be a fixture or structure. ... Gagné-Therrien: Re: Boat Slip as Qualifying Property We are writing in response to your question regarding whether a boat slip can be considered real or immovable property, such that a boat slip is capable of being “qualifying property”, as defined in subsection 125.7(1) of the Income Tax Act (the “Act”), for purposes of the Canada Emergency Rent Subsidy (“CERS”) provided in section 125.7 of the Act. ... Therefore, while it may be possible for a boat slip to be considered real or immovable property such that it is capable of being qualifying property for purposes of the CERS, whether a particular property, such as a boat slip is a real or immovable property is a question of fact, which requires a detailed examination of the specific facts and circumstances. ...

" The purpose test in (d) would be met and the legal fees would be considered to be eligible capital expenditures only where the taxpayer is carrying on a business and the legal fees could be considered as being incurred for the purpose of gaining or producing income from that business.  ... Therefore, based on our limited knowledge of the facts of this situation, it appears that the legal fees would not be deductible as either eligible capital expenditures or expenses of disposition  but rather would be considered 'nothings' for tax purposes. ...

While a guideline based on distance would be appropriate in most cases, there may be situations where other relevant factors should also be considered in making such a determination. We do not think it is appropriate to use the criteria in place for the Northern Residents Deduction to decide whether or not a taxable benefit should be assessed in respect of the reimbursement of removal expenses. 21(1)(b) While the policy objective of encouraging settlement in remote areas may be served by both the Northern Residents Deduction and the position described in the bulletin, the Task Force pointed out that there is a perceived inequity in the definition of a prescribed area in that some prescribed areas are not considered by neighbouring communities as being remote. ... You may be interested to know, that we have not had any queries on whether specific locations are considered remote other than your referral concerning the 24(1) and 24(1) closures. ...