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In such cases, if the lease agreement is regarded as a disposition of property under the Act, then the payments made by the Canadian lessee to the non-resident lessor are considered to be blended payments of principal and interest, and not rental payments (the interest portion of the blended payment may be exempt from withholding tax by virtue of subparagraph 212(1)(b)(vii)). ... In both instances, the Canadian lessee is considered to have acquired a property for purposes of the Act. ...

(d)     Would PC be considered to have conferred a benefit on Spouse A, the child or the trust pursuant to subsection 15(1) of the Act? ... (d)     This position was not advanced in this case, however, we agree that PC could be considered to have conferred a benefit on Spouse A, the child or the trust for the benefit of Spouse A and the child, as the case may be, such that subsection 15(1) of the Act may apply. ...

In particular, payments and receipts in respect of an interest rate swap will be considered to be on income account. ... To be considered capital in nature, the funds must be surplus and must be exclusively for dividend or capital expenditures (i.e., "earmarked primarily" is not enough). ... Therefore, in this case, since we have a loan to Sisterco as the underlying transaction, the loan would be considered on capital account since it was for the purpose of paying a dividend. ...

Thus, it is easier to qualify for a tuition tax credit if the school offering the courses can be considered an "educational institution in Canada". ... This list may be used as a guide to assist in identifying institutions that may be considered universities and colleges. ... With respect to courses taken over the internet, it is our view that there must a connection between the internet courses taken and the Canadian campus in order for a student to be considered to be "enrolled at an educational institution in Canada". ...

Generally, if a benefit is taxable for income tax purposes, you will be considered to have made a supply of a good or service to the employee. If the good or service that gives rise to the taxable benefit is subject to GST/HST, you are considered to have collected GST/HST on that benefit. However, there are situations where you will not be considered to have collected GST/HST on taxable benefits given to employees. ...

If subsection 137(4.1) of the Act applies to deem a payment in respect of a share to be interest, that payment at law must, but for this deeming provision, be considered to represent a dividend. Stated another way, subsection 137(4.1) of the Act would not apply to deem an amount to be interest where that amount was already considered to be legally interest. ... For example, based on XXXXXXXXXX GAAP financial statements and the other information provided to us (i.e., the minutes of the annual board of directors meeting dated XXXXXXXXXX) it appears that the annual "return" paid on the total share capital account was considered to legally represent a dividend. ...

Status Indian employee (programmer) of the Federal Government participates in the Telework Program: Are the employment duties he performs at his on-reserve home, under the telework arrangement, considered to be performed on a reserve for purposes of the Guidelines? ... Is standby time and overtime considered to be performed on or off reserve? ... Thus, in our view, while participating in the telework arrangement outlined in the Telework Memorandum, and until such a time as this agreement is terminated, the employment duties performed by the above-noted taxpayer at his on-reserve home, and pursuant to the terms of the agreement, are considered employment duties performed on a reserve for purposes of the Guidelines. ...

Where an organization, which would otherwise not be considered to be resident on reserve, is asserting that it satisfies the definition because it holds its board of directors meetings on reserve, it should generally be considered to satisfy the definition where management and control over the organization is legitimately exercised during those meetings. ... In Recalma, the court considered the taxability of income earned by an Indian living on reserve, from investments purchased from an on reserve branch of a bank. ... While the court considered all of these factors it placed considerable weight on (g)(ii), the location of the income generating activity of the issuer of the securities. ...

However, based on the information provided and departmental position we are in agreement with Head Office that the XXXXXXXXXX would not be considered a nursing home from the purposes of the Act. Reasons FOR POSITION TAKEN: Level of care provided not indicative of level expected of a facility to be considered a nursing home. ... It would be a question of fact then as to whether or not these facilities would provide such a level of care to the otherwise qualifying individuals so as to be considered a nursing home. ...

It is arguable that the XXXXXXXXXX right would be considered an "original right" by virtue of paragraph (a) of the definition of timber resource property in subsection 13(21) of the Act. It is also arguable that the XXXXXXXXXX right would be considered a timber resource property by virtue of paragraph (b) of such definition. ... This is the case even though the XXXXXXXXXX right would otherwise be considered a timber resource property. ...