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Principal Issues: Paragraph 27 of IT-119R4 indicates that repayments are considered to apply first to the oldest loan or debt outstanding (first-in, first-out basis) unless the facts clearly indicate otherwise. ... Three excerpts from the Memorandum are set out below and are considered to reflect AAD’s opinion of the effect of the decision of the TRB in that case: “In our opinion, the Sargent Case confirms our view that the taxpayer should be allowed to choose how the repayments should be applied.” ... Paragraph 27 states that “Repayments are considered to apply first to the oldest loan or debt outstanding (first-in, first-out basis) unless the facts clearly indicate otherwise”. ...

In certain circumstances, amounts paid to another person at the taxpayer's direction are considered to be received by the taxpayer. ... The amount is considered to be income or capital to the taxpayer in the same way it would have been if the taxpayer had received the amount directly. ... A charitable donation credit will only be available if the taxpayers are considered to have made a gift to the College. ...

Factors which might be considered would be: a) the income of the grandchild from all sources; b) the cost of living and the ability of the grandchild to provide for self-support; and c) the support provided to the grandchild by other persons. It will generally be assumed unless the contrary is established that a grandchild who is supported by the deceased may not be considered financially dependent upon the deceased for support at the time of death if the grandchild's income in the year preceding the death of the deceased was greater than $500 plus the basic personal credit in subsection 118(1) of the Act (set at $6,456 in 1998). ... Where the grandchild is living with another individual who is providing support for the grandchild at the time of death, the grandchild would not generally be considered to be financially dependent upon the deceased for support at that time. ...

All factors must be considered when determining whether an undue benefit exists. ... However, an undue benefit does not include a disbursement or a benefit conferred to the extent that it is a gift made or a benefit conferred in the course of a charitable act in the ordinary course of the charitable activities of a charity unless it can reasonably be considered that the eligibility of the beneficiary related solely to the relationship of that person to the charity. ... In our view, given that subsection 189(1) of the Act and subsection 188.1(4) of the Act apply to different parties, each of these provisions must be considered independently of each other. ...

The issue of whether property was used or held by a corporation in the course of carrying on a business was considered by the Supreme Court of Canada in Ensite Limited v. ... If the withdrawal of the property would have a decidedly destabilizing effect on the corporate operations, the property would generally be considered to be used in the course of carrying on a business. ... In the current fact situation, while we cannot provide definitive comments, given that the office space was unoccupied since the eligible entity moved to a new office in XXXXXXXXXX, the old office space would likely not be considered to be used in the ordinary activities of the eligible entity. ...

It is our position that CEE and CDE incurred by a partnership are considered to be incurred by a partner, to the extent of his share thereof at the end of the partnership's fiscal period.This administrative position permits the inclusion of such expenses in the partner's respective cumulative resource expenditure pools, which only include expenses "incurred" by a taxpayer.  ... The comments were those of the officials who gave them and are not to be considered binding on the Department.  ... As there is no technical basis for your position (i.e. it rests on stretching our administrative position, noted above), we advise our position that expenses incurred by a partnership are considered to be incurred by a partner, to the extent of his share thereof at the end of the partnership's fiscal period, is limited to the inclusion of such expenses in the partners cumulative resource expenditure pools only. ...

You have requested our opinions related to the following questions: 1)     Would the building be considered to be "acquired" on a gradual basis as construction progresses, in a manner similar to the gradual acquisition of a building under construction described in Interpretation Bulletin IT-50R in the context of capital cost allowance deductions? ... However, we are prepared to offer the following general comments: 1)     We confirm that provided that the conditions in the transitional rules are met, a building would be considered to be "acquired" on a gradual basis as construction progressed. 2)     Whether a specific building and written contracts related to it will meet the criteria to be considered when determining if the transitional rules will apply is a question of fact which can only be answered when all of the pertinent facts are known.  ...

Paragraph 4(c) of IT-337R2 indicates that termination of employment as a result of death is not considered to be a form of retirement.  ... On the other hand, when an employee terminates employment and a payment is made in respect of accumulated vacation leave not taken prior to the retirement, this payment is considered to be ordinary remuneration and included in the employee's income in the year of receipt pursuant to subsection 6(3).  ... In our view, such a payment is considered to be ordinary income and should be included in the employee's income in the year of receipt.  ...

Position: 1) No, however, additional factors should be considered in determining whether or not the spouse holds beneficial ownership in the property. 2) No. ... Please refer to the Folio, which is on the Canada.ca website, for factors that should be considered when determining whether someone has beneficial ownership. ... Therefore, if both spouses are considered to have beneficial ownership of the Home, they would both be required to file the election under subsection 45(2) in respect of the Home. ...

OUR COMMENTS The tax status of income earned by Indian employees has been considered by the Courts.  ... This issue was considered by the Federal Court-Trial Division in The Queen v. ... Therefore, in the case presented, the employment income of an Indian is exempt if the 24(1) employee performs the service on the reserve or if the employer is considered to have a permanent establishment on the reserve. ...