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Therefore an amount is considered to be deductible in the year it is capable of being deducted. If an amount is added to the cost of inventory, and the addition is not elective in nature, the outlay or expense is not considered to be "deductible". If the taxpayer has no option as to whether or not to deduct an expense, that is, he must capitalize the outlay, the amount will not be considered to be deductible' and section 78 would not apply. ...

In considering whether royalties received by a corporation in any business can be considered to be income from an active business for the purpose of subsection 125(1) of the Act as opposed to income from property and therefore constituted income from a specified investment business within the meaning of a paragraph 125(7)(e) of the Act, we believe that as a general rule royalty income is income from a source that is property. ... As noted in paragraph 11 of Interpretation Bulletin IT-73R4 the word "principal" is considered synonymous with the words "chief" and "main". ... However, where it can be established that the royalty income is incidental to an active business carried on by the recipient corporation or the corporation is in the business of developing the property from which the royalties are received, such income would not normally be considered as income from property. ...

Finally, you have considered the rule contained in paragraph 87(2)(l.3) of the Act which, in the case of a new corporation formed upon amalgamation, provides that the new corporation will be considered to be a continuation of the predecessor corporation for purposes of the replacement property rules. ... " Interpretation Bulletin IT-259R4, Exchanges of Property, states in paragraph 9 that "a taxpayer is considered to have acquired replacement property at the time the acquisition would ordinarily be considered to have been made under the provisions of the Act and the general principles of law". ... Each situation must be considered on its facts. We trust these comments are of assistance. ...

We suggest that the entire visit would be considered sojourning, notwithstanding that the visit may include a flight or other employment related duties. ... Our Comments The Earlier Memo attempted to provide guidelines on how to distinguish whether airline personnel could be considered commuting during their stays in Canada in which case the days spent in Canada would not be considered "sojourning". ... Such periods in our view qualify as "sojourning" and could not be considered commuting because all or substantially all of MR. ...

A further factor to be considered in this context is found in paragraph 34 of IT-470R and paragraph 12 of IT-148R2. ... Where access is limited to certain employees the benefit would be considered taxable in their hands. ... In our view, provided that all employees have access to the Municipalities facilities, the passes provided in situation 1 & 2 would not be considered taxable in the employee’s income. ...

Principal Issues: Can a BC Dependant Contractor which is an employee for purposes of Labour Code of British Columbia be considered an employee for purposes of the Act? ... Hollinger 952442 Dependent Contractors This is in reply to your memo of September 11, 1995 requesting our opinion on whether dependent contractors considered "employees" for purposes of the "Labour Code of British Columbia" (the "LCBC") would also be considered "employees" for the purposes of accruing a pension benefit in a registered pension plan. ... You have requested our views on whether the dependent contractors would be considered employees for the purpose of the Act and the Income Tax Regulations (the "Regulations"). ...

What would be considered essential to one person’s impairment may not be considered essential to another. ... Therefore, in our opinion, the weekly blood tests in this case would likely be considered an activity that would be included in the time spent administering therapy. This does not mean that all time for blood tests, in all situations, would be considered an activity included in administering therapy. ...

NEX is located in Canada; therefore, the only remaining question is whether NEX is considered to be a ‘stock exchange’. ... We also looked at whether NEX is considered a stock exchange under Canadian securities legislation. ... Based on this, NEX would also be considered a “stock exchange” from a commercial point of view. ...

Principal Issues: 1) Can payments to a registered music therapist be considered a payment made to "a medical practioner... in respect of medical services"? ... You have also asked whether or not the expenses of travelling to and from, as well as the fees for, the music therapy sessions can be considered eligible medical expenses. ... XXXXXXXXXX contends that the travelling expenses of both he and his wife to obtain the music therapy services for XXXXXXXXXX should be considered allowable as medical expenses. ...

Reasons: The fact that an activity is not considered a commercial activity under the ETA does not mean that the activity is not carried on in the course of gaining or producing income from a business for purposes of the definition of automobile in subsection 248(1) of the Income Tax Act. ... For purposes of the ETA, certain activities carried on by a business may not be considered a commercial activity (e.g. making an "exempt supply"). As discussed, your concern is whether a van, pick-up truck or similar vehicle that is used in a business activity which is not considered a commercial activity for purposes of the ETA, may still be considered "used... in the course of gaining or producing income" from the business for purposes of determining whether the vehicle is an automobile under the ITA. ...