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We also advised them that we would have some difficulty accepting that 24(1)          can be considered to have been "wound up" on December 30, 1990 if it were to subsequently reacquire the real estate and issue additional shares as consideration therefor. ... In paragraph 5 of Interpretation Bulletin IT-126R it is stated that "(w)here the formal dissolution of a corporation is not complete but there is substantial evidence that the corporation will be dissolved within a short period of time, for the purpose of section 88 the corporation is considered to have been wound up. ... For example, we have recently provided an advance ruling that a company will be considered to have been wound up at the time that its property was distributed to its parent even though the formal dissolution may be delayed for several years due to a number of outstanding lawsuits. ...

For the purposes of this analysis, it is assumed that there is no issue with the classification of XXXXXXXXXX – both are considered corporations for the purpose of the Act. ... Under the relevant provisions of XXXXXXXXXX law and XXXXXXXXXX law, the Conversion is not deemed to constitute a wind-up or dissolution of XXXXXXXXXX is considered to be the same entity as and a continuation of XXXXXXXXXX. Provided that the plan of conversion does not provide for XXXXXXXXXX to cease to exist, it is our view that, for the purposes of the Act, XXXXXXXXXX is considered to be the same entity that it was prior to the Conversion. ...

QUERIES 1) Is the deemed dividend under subsection 247(12) considered a dividend for purposes of subsection 212(2)? ... If a corresponding adjustment is made in the U.S. to consider that Canco has paid a dividend that is derived by Parentco through Parentco LLC, the conditions of paragraph IV(6) should be met since Parentco would be considered to have derived a dividend through Parentco LLC. Before a corresponding adjustment is made or even if no corresponding adjustment is made, we are of the view that the conditions of paragraph IV(6) should still be met since Parentco is considered to have derived an amount (that is not disregarded) through US Sisterco LLC. ...

Furthermore, those regulations also provide that any assessment of tax may be made in the name of CFA1, an assessment naming CFA1 would be considered as an assessment with respect to each US Member, notice and demand for payment of taxes may generally be given only to CFA1, and such notice and demand would be considered as a notice and demand to each US Member. 21. ... Context of the tax sharing payments Before analyzing the technical application of any relevant provisions of the Act and the Regulations, one must first determine the relevant transactions or events to be considered. ... It is our view that the amounts paid may reasonably be considered to represent the amount which the particular US Member would have paid in respect of its separate income tax liability. ...

Previously, when the employees were being paid by the Contractor, the income was considered taxable. ... There must be sufficient control exercised from a reserve in order for the organization to be considered to be resident there. ... For the purpose of the proration rule, it is the general position of the CRA that when time spent on the reserve is minimal such that it is considered incidental in relation to the employee's employment duties off reserve, this time will not be considered to have a strong connection to the reserve for purposes of determining the exemption from tax. ...

In 2000-0046375 (November 22, 2000), Rulings considered a debt obligation the return on which was calculated by reference to the change in an internationally recognized foreign stock exchange. ... Share price would generally be considered to reflect, at least in part, the profitability of the issuer’s business or investments. ... In this case, the Court considered whether participation-type payments made under a loan agreement could be deducted under the predecessor to paragraph 20(1)(e). ...

An LLC is not considered to be resident of the U.S. for the purpose of the Convention. ... If the mind and management of the LLC is in the U.S., the LLC would be considered resident of the U.S., a designated country, for the purpose of the exempt surplus rules. ... The result, which may be considered anomalous, is that the Canadian resident corporation gets no credit for foreign taxes paid and is taxed on the full amount of FAPI. ...

The details of exactly when the Minister is considered to have “ascertained” a loss has not been discussed in many documents. ... In our view, the more appropriate interpretation of paragraph 4 of IT-512 is that where a taxpayer’s requested amendment is fully reflected (or accepted by the Minister), the Minister will not be considered to have ascertained a different loss amount from the taxpayer. ... If a nil assessment is not considered an assessment, (footnote 15) and a penalty of nil is not considered a penalty, (footnote 16) in our view, a fully rejected amendment request should not be considered a return. ...

A Liechtenstein foundation will generally be considered as a trust for the purposes of the Act. ... It is our view that the existence of a separate legal entity clause contained in foreign foundation legislation would not, in and by itself, preclude an arrangement from being considered a trust for purposes of the Act. ... Separate legal entity status is no longer considered a distinctive feature of corporations alone. ...

If the answer to this question is sufficiently clear, then the following question should be considered. 2. ... When compensation is received for the loss or destruction of capital property, the amount of the compensation is considered to be proceeds of disposition received on the disposition of that property, whereas any compensation received for the loss or destruction of inventory or for loss of profits is considered to be income from carrying on a business or income from property, as appropriate. ... A property is considered to be a replacement property for a former property only if the conditions outlined in subsections 13(4.1) (footnote 4) or 44(5) are met and the taxpayer specifically elects to have the replacement property rules apply. ...