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The dividend payments made by Luxco to XXXXXXXXXX were considered as interest expense of Luxco 1 for domestic tax purposes in Luxembourg. 13. ... It is arguable that the acquisition of the Class B MRPS is not considered part of the ordinary course of business carried on by XXXXXXXXXX, but rather the acquisition may be considered an isolated and special transaction that is not part of a course of conduct that involves repeated dealings of a similar nature. ... R, 2002 DTC 6876, the court considered whether certain shares should be considered “term preferred shares” for the purposes of subsection 112(2.1) and made the following comments about the purpose of the rules: “In my analysis, Parliament intended to tax arrangements which were, in substance, debt arrangements. ...

Would the joint venture (JV) be considered to be operating a business and would each member of the JV be considered to be in the same business even if they have designated one of the participants, the Operator, to run this business? ... Would the above JV be considered to be operating a business and would each member of the JV be considered to be in the same business even if they have designated one of the members, the Operator, to run this business? ... Issue 1 Your view is that the JV would be considered to be operating the XXXXXXXXXX business and that each JV member would be considered to be operating in the same business. ...

In applying subparagraph 95(2)(a)(i), the activities of each of the affiliates would be considered individually to determine whether the two conditions therein have been satisfied. ... However, as is illustrated by the examples provided by the Department of Finance in its Technical Notes, it is insufficient that an argument may be made that the activities of the group made up of USCO and all of the Landcos together could be considered one active business. ... In the above case, it would appear that the activities of USCO are critical to the profitability of each Landco and the activities of each Landco would for that reason be considered as being "directly related" to the activities of USCO for the purposes of the test in clause 95(2)(a)(i)(A) of the Act. ...

XXXXXXXXXX OUR COMMENTS Issue One We have considered only the impacts of the legislation on the transfer of the equipment and not the other assets since based on our communications with the auditor this seems to be the focus of her concern. ... Since the Branch is not a separate legal person from the US Head Office (they are the same person), the "loan" between the Branch and the US Head Office is not considered to be a debt obligation. ... In addition, since there is no debt, the foreign exchange "gain" or "loss" recorded on the Branch's balance sheet is considered a paper transaction which is not recognized for tax purposes. ...

If an organization sells goods or performs services to earn income, it may be considered to have a profit purpose, even if the income is used in furtherance of the organization's not-for-profit objectives. ... Where an organization does not meet these conditions, the organization would no longer qualify for the tax exemption provided for in paragraph 149(1)(l) and would therefore be considered a taxable organization. Generally, fundraising, by its very nature, is considered a profit activity. ...

In our analysis, we considered two possible approaches to determine the application of subsection 261(21). In the first approach, we considered whether the conditions in subsection 261(20) were met looking only to each Hedging Agreement as the specified transaction. ... In our view, the same principles apply for purposes of subsection 261(21), and the Hedging Agreements would not be considered part of the same specified transaction as the Loan. ...

Position: Question of fact to be determined on a case-by-case basis; however, travel between an employee’s residence and the place where the employee regularly reports for work is generally considered to be personal travel and not employment-related travel. ... In conclusion, travel between an employee’s residence and the employee’s regular place of employment is generally considered to be personal travel and not employment-related travel. As explained on page 29 of the T4130 Employers’ Guide: Taxable Benefits and Allowances, “Any location to or from which the employee regularly reports for work or performs the duties of employment is generally considered a regular place of employment”. ...

However, based on subsequent modification of organizational policies and procedures, and reconsideration by the Canada Revenue Agency (the "CRA"), the Navigators is considered a religious order for purposes of paragraph 8(1)(c). ... The question was, is that considered "ministering to a parish or congregation? ... Accordingly, in our view, the Individual is considered to satisfy the function test of 'ministering to a congregation'. ...

OUR COMMENTS Whether or not a taxpayer's business operations are considered to be "farming" for the purposes of the Act is a question of fact. ... The income from the other activities would generally be considered farming income if they are incidental to the farming business operations. ... Generally, non-farming activities would be considered to be part of the farming operation where the taxpayer carries on a bona fide farming operation; the activities are related to the taxpayer's other farming activities; the activities are undertaken on a small scale; and the income generated by these activities is incidental to the taxpayer's other farming revenue. ...

All amounts received as damages for personal (that is, physical or mental) injury are considered non-taxable receipts. ... Where a complaint involving a human rights violation by an employer is settled out of court, a reasonable amount in respect of general damages would be considered a non-taxable receipt. ... Also, where payments are made to settle a dispute without the dispute being fully addressed, the underlying grievance will still be considered in determining the purpose of the payment; and such a payment will not generally be considered a capital receipt for the extinguishment of the right to grieve or proceed with a lawsuit. ...