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Therefore, the example in the Technical Explanation to the Protocol should stand on its own and each other situation will be considered based on its own facts. (b) gain, it is a question of fact whether or not such an arrangement would be considered to be "in connection with a rental...agreement". ... For these purposes, software is considered to be of an enduring nature where its useful life is anticipated to last beyond one year. ...

Assuming this loss would otherwise meet the requirements for a capital loss (where the indebtedness was interest-bearing) and assuming the terms of the Will provide for a forgiveness of this debt, can the loss be considered a capital loss of the estate? ... The CRA has opined in the past that when indebtedness is forgiven, it would generally be considered a disposition to the creditor and if the debt is determined to be on account of capital, a capital loss may be incurred. ...

Going forward, the CRA's 95(6)(b) Committee intends to review cases and assess whether they include a share investment or divestment in a foreign affiliate that could be considered to have been for the principal purpose of manipulating share ownership in the affiliate in order to secure a tax benefit, such as for example, a subsection 113(1) deduction for a stream of dividends. This may be the case where it could be considered that the share ownership in the foreign affiliate is transitory on the basis that it is reasonable to conclude that a subsequent disposition was contemplated at the outset. ...

29 November 2011 November CTF Roundtable, 2011-0425931C6- 2011 CTF- Question 20 CRA Tags 248(1) "taxable Canadian property" Principal Issues: Is it required that the 25% test and the 50% test used in the definition of taxable Canadian property that is applicable to shares of a corporation listed on a designated stock exchange, be satisfied at the same time in order for shares of a corporation to be considered to be taxable Canadian property? Position: Yes Reasons: The legislation establishes that both the 25% test and the 50% test must be met at a particular point in time during the 60-month period. 2011 CTF- Question 20 Please confirm that the 25% test and the 50% test used in the definition of taxable Canadian property (TCP) that is applicable to shares of a corporation listed on a designated stock exchange must be satisfied at the same time in order for shares of a corporation to be considered to be TCP. ...

Your suggestion will be considered in our future review of the T1134 form. ... Each situation is considered on a case-by-case basis. The TSO may grant relief if satisfied that all the necessary information will still be reported. 2009-031672 Alison Campbell May 1, 2009 ...

It flows through when shares are transferred at ACB on a rollover basis, to the extent it can be considered to contribute to the gain on the shares. ... Where the shares are disposed of as a consequence of the death of the individual at ACB because subsection 70(6) applies, we are of the view that the safe income that can reasonably be considered to contribute to the accrued gain on those shares at that time would flow through to the acquirer of the shares. ...

If an election under subsection 98(3) of the Income Tax Act (the "Act") is not made, (a)at what point is each partner considered to have disposed of its partnership interest? (b)will each partner obtain the increase in the adjusted cost base of its partnership interest pursuant to subparagraph 53(1)(e)(viii) and subsection 66.4(6) of the Act before the partner is considered to have disposed of his partnership interest? ...

B have exactly the same features and can belong to separate classes under the corporate law applicable to the corporation (which we doubt), they will be considered to be separate classes. Otherwise, they would be considered to be of the same class. Note that if there were two series of shares in the class, the calculation of the paid-up capital under subparagraph 89(1)(b)(iii) of the Act should be done by substituting the words “series of the class” for “class” under subsection 248(6) of the Act. ...

It applies where the corporations are related to each other, one corporation (directly or indirectly) transfers assets to the other corporation and one of the reasons for the transfer can reasonably be considered to be to reduce the amount of the adjusted aggregate investment income of the associated group for the purposes of the passive income reduction rule in paragraph 125(5.1)(b). Whether subsection 125(5.2) would apply in any given situation remains a question of fact that can only be made once all the relevant facts of a particular situation are known and have been fully considered. ...

In the case of a building owned by a corporation, 60% of which is leased to third parties, it would appear that the total value of the building could not be considered an eligible element. ... It should be noted that even before the coming into force of the above-mentioned amendments, generally speaking, the Department considered that an asset was used in a business if its primary or principal use (i.e. more than 50% of its use) was in respect of that business (IT-486R, paragraph 5). ...