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We have considered the arguments raised by XXXXXXXXXX representative that the shares should be considered to be eligible capital property. ... You ask whether a membership in a grazing association that is not a corporation can be considered qualified farm property. ... However, a permit which gives the farmer a right to use the land, with no interest in the land, would not be considered to be real property. ...

Generally, the activities of distributing, retailing or maintaining frozen food that was acquired frozen or the thawing of such food by a taxpayer would not be considered to be food processing.  However, the Department considers that original blast freezing and maintaining of food at O deg F by a taxpayer would be considered as a processing activity.  ... Subject to our comments above, it is our view that certain activities in the meat, bakery and produce operations carried on by a corporation could be considered as manufacturing and processing.  ...

Salary and wages were, in the Bulletin, considered to be earned where the services were performed. ... In summary, salary and wages were considered, until 1983, to be earned where the services were performed. ... First Nations that do not meet these requirements can be considered on a case-by-case basis. ...

Our Comments If the terms of the contract and the actual facts indicate that the payment for such service is not considered to be part of the computer software license fee, withholding under Regulation 105(1) would not be required since that service is not considered to constitute the rendering of services in Canada. ... Corporation and you should withhold Part XIII tax on any portion of a payment that is considered to be part of the computer license fee with the U.S. ... We have attached a copy of Information Circular 75-6R which outlines the conditions under which such a waiver would be considered (see paragraphs 10 to 16).  ...

As such, the court considered the amount received by the taxpayer to be compensation for the loss of a substantial portion of its business (i.e., a capital receipt) even though the court noted that there was some evidence that suggested that the payment could be considered as compensation for the loss of trading profits (i.e., an income receipt). ... (footnote 8) If the evidence suggests that the Settlement Amount is considered to be on account of capital, the amount may be considered as an "eligible capital amount". ... For instance, in Pe Ben the court considered and rejected such treatment. ...

Are the duties performed by project staff working at the employer’s various project work sites considered “'temporary” for purposes of subparagraph 6(6)(a)(i) of the Act? ... Paragraph 14 of IT-91R4 explains that for a particular work location to be considered to be remote from an established community, the following factors are considered: the availability of transportation; the distance from an established community; and the time required to travel that distance. ... A residence is considered to be an SCDE if it is a living unit with restricted access that contains a kitchen, bathroom and sleeping facilities. ...

A single member LLC created pursuant to the laws of the U.S. which is treated as a disregarded entity for U.S. tax purposes is not considered to be a resident of the U.S. under paragraph 1 of Article IV of the Treaty. ... Under paragraph 6 of Article IV, an amount of income, profit or gain is considered to be derived by a resident of the U.S. if 1) the person is considered under U.S. taxation law to have derived the amount through an entity (other than an entity that is a resident of Canada), and 2) by reason of that entity being considered fiscally transparent under U.S. tax laws, the treatment of the amount under U.S. tax laws is the same as its treatment would be if that amount had been derived directly by that person. ... However, if, as a result of paragraph 7 of Article IV of the Treaty, a person who is a resident of the U.S. is not considered to have derived or received an amount of income, profit or gain, that person shall not be entitled to the benefits of the Treaty with respect to such amount. ...

If the XXXXXXXXXX know in advance about these expenses, it is your view that the remuneration can be considered fixed and ascertainable under the definition of "office" in subsection 248(1). ... These FCA cases stand for the position that it is not required for the number of sittings to be known in advance, for an amount to be considered sufficiently fixed or ascertainable, for the position to be considered an office. ... Since "stipend and remuneration" are considered to refer to gross (not net) amounts under the definition of "office", unreimbursed expenses (whether or not the nature or quantum of the expenses is known in advance by the individual) are not considered when determining whether a particular amount is fixed or ascertainable. ...

Reasons: Mineral rights of a reporting entity situated outside of Canada are considered tangible property that is specified foreign property for purposes of section 233.3 of the Act. ... As such, it is our view that the right of a reporting entity to mine minerals in a mineral resource outside of Canada would be considered tangible property that is specified foreign property for purposes of section 233.3 of the Act. It remains a question of fact, however, whether mineral rights held outside of Canada would be considered capital property or property held exclusively in the course of carrying on an active business. ...

Therefore, in our opinion, the corporation cannot be considered to be manufacturing or processing goods for sale or lease if its sole activity is SR&ED. ... " Therefore, the corporation would still be considered to be conducting only SR&ED where it produced prototypes, and no part of its activity would be considered to include the manufacturing and processing of goods for sale or lease (i.e. no commercial production). ... As stated above, a corporation that is solely performing SR&ED would not be considered to be manufacturing and processing goods for sale or lease and would not be a considered a manufacturer entitled to the capital tax credit for manufacturers under the Taxation Act. ...