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Principal Issues: Can fishing business be considered the same a that of providing guide services. ... Tevlin Attention: XXXXXXXXXX September 8, 1999 Dear Sirs: Re: Replacement Property We are writing in response to your letter dated January 14, 1999 wherein you requested our confirmation that, for purposes of subsection 14(7) of the Income Tax Act (the "Act"), a guide licence can be considered a replacement property for a fishing licence when the incorporated fishing business is sold and a new guiding business is started with the purchase of the guide license from proceeds of the sale of the fishing licence. ... It states that the term is "interpreted in a reasonably broad manner" and that two businesses will be considered to be ''similar" if they both fall within, amongst others, the category of "fishing". ...

August 21, 2020 André Perrier HEADQUARTERS Legislation Section Income Tax Rulings Program Support and Services Division Directorate Individual Returns Directorate Chris Brennan Assessment, Benefit, and Service Branch (613) 822-6323 2019-083491 Qualified Retroactive Lump Sum Payments This is in reply to your email of December 20, 2019 requesting our view on whether certain payments received by members of the XXXXXXXXXX would be considered a Qualifying Retroactive Lump Sum Payment (QRLSP) for purposes of section 110.2 of the Income Tax Act (the Act). More specifically, you are seeking confirmation of whether the payments would be considered qualifying amounts as defined in subsection 110.2(1) of the Act. ... In our view, it appears that the salary increases and wage adjustment identified in XXXXXXXXXX of the Report could be considered a qualifying amount. ...

That is, to be considered an owner of a film, a taxpayer must acquire sufficient interests of that bundle of rights that would permit the taxpayer to obtain real and effective control of the film.  ... Were the interchangeability is not easy or likely, the less likely of the two rights would be considered as ancillary.  ... In such a case, the Producer would be considered to have previously disposed of the Films to those parties rather than to the taxpayer.       ...

If a telephone conversation of an employment nature does constitute an activity that is 'in connection with or in the course of the office or employment', then, can the travel between a personal residence and the usual work location be considered not to be of a personal nature if such telephone conversations are being conducted during that period of travel? ... Paragraph 5 of IT-63R3 outlines the Department's position on what type of travel is considered personal.  Distance travelled which is not personal in nature (in relation to the employer's business) is considered to be in connection with or in the course of employment; other distance travelled is not. 2&3.      ...

Our Comments It is our general view that, for the purpose of subsection 249(4) of the Act, control of Opco will not be considered to have been acquired by a person or group of persons as a result of the Transaction.  ... X will be considered to control Opco because between himself, X Co. and A Co. he has voting control of Opco.  ... X controls Opco before the Transaction and continues to control Opco after the Transaction, control of Opco will not be considered to have been acquired by any person or group of persons as a result of the Transaction. ...

It is your view that capital gain distributions made by a U.S. based mutual fund trust, regardless of whether the trust is considered to be a corporation or a partnership for U.S. tax purposes, should be treated by the Canadian recipient as income from property by virtue of paragraph 108(5)(A) of the Income Tax Act (the "Act").  ... We agree with your view that capital gain distributions made by a U.S. resident mutual fund trust should be included in computing the income of the Canadian beneficiary as income from property pursuant to paragraph 108(5)(a) of the Act provided that the U.S. mutual fund trust is considered to be a trust for Canadian tax purposes, notwithstanding that it may be considered to be a corporation or a partnership for U.S. tax beneficiary would be included in computing the income of the beneficiary under paragraph 104(13)(c) of the Act. ...

Assuming the taxpayer carries on a business, paragraph 2 of the Interpretation Bulletin IT-290 lays out the criteria to be considered for determining principal business status.  The criteria to be considered are as follows: (a)  the profits realized by each one of a corporation's businesses; (b)  the volume and the value of the gross sales or transactions of each business; (c)  the value of the assets of each business; (d)  the capital employed in each business; and (e)  the time, attention and efforts expended by the employees, agents or officers of the corporation in each business. Although none of the above criteria may be sufficient in or by themselves, they should be considered in determining whether a taxpayer's rental or leasing business is its principal business. ...

Our comments are as follows: (a)       We agree that for the purposes of section 125.1 of the Act the screening of soil, gravel or crushed stone in order to make a product more marketable would be considered to be a processing activity.  ... Such equipment would not be considered to qualify for the ITC.  Our opinion is consistent with the definition of the term "qualified activities" under section 5202 of the Income Tax Regulations which indicates that the activities of transporting. placing or supplying of raw materials do not qualify. (b)       Equipment that is used primarily in construction would not be considered to be used in M & P.  ...

Other than as an initial form of eligibility, the individual's years of service are not considered in determining whether financial assistance is provided or the quantum of the financial assistance. ... An amount received by an individual may also be considered a windfall and not taxable. ... For purposes of the second requirement, each one of the tests is considered to be a financial test. ...

The CRA's previous position was that an entity could be considered a municipality for the purpose of paragraph 149(1)(c) of the Act on the basis of the functions it exercises. ... Typically, it is considered to be a body established or exercising a power under a municipal act or a similar statute of a province or territory with respect to governing the affairs or purposes of a geographic area and is accountable to those governed by it. ... It is unlikely that the agencies or boards you have inquired about would meet the criteria outlined above and, as such, be considered a municipal or public body performing a function of government. ...