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Model Income Tax Convention; 2) A portion of the gain would be considered not to be derived in connection with the U.S. trade or business. ... An activity in Canada will be considered to be part of a trade or business in the U.S. if the trade or business in the U.S. is upstream, downstream or parallel to the activity in Canada. Business activities will generally be considered to be upstream, downstream or parallel to each other if they relate to the production of the same types of products or the provision of the same or similar services. ...

Can the CRA provide us: (a) with the current status of the Working Group’s study of compliance issues relating to Delaware and Florida LLPs and LLLPs, and (b) with an update on any new entities or arrangements that have recently been considered? ... Regarding the first condition of the administrative practice, the following examples will generally not, in and of themselves, be considered by the CRA as “inconsistent positions”: a. ... A SECS is considered to be a “société commerciale” under French law, as is also the case for a “société en nom collectif”, “société à responsabilité limitée” and a “société par actions”. ...

The rental property would be considered real or immovable property situated in Canada and depreciable capital property for purposes of the Act. ... Prior to the time when the estate administration is complete, the executors are generally considered to hold legal and beneficial ownership of the estate property and the estate is still considered to be in existence. It is a question of mixed fact and law as to when beneficial ownership of the estate property is considered to pass to the beneficiaries. ...

Reasons: A partnership, in itself, is not considered resident. TEI – CRA Liaison Meeting December 3, 2013 Question 9: Tax Residency Certificates When entering a competitive bidding process for contracts in foreign jurisdictions, Canadian businesses are frequently required to provide — on an urgent time frame — tax residency certificates to their customers.  ... Under these procedures, those eligible to obtain a certificate of residency from the CRA are: an individual; a corporation; a trust; a non-profit organization, or a charity that is considered resident in Canada. ... As you have noted, in itself, a partnership is not considered resident in Canada. ...

If such a proxy is reasonable in the circumstances, and no element of profit is built in, the relevant Canadian corporation would not be considered to be providing services to the foreign affiliate, and subparagraph 95(2)(b)(ii) would not apply. That is the key distinction: if the Canadian parent earns a profit, then it would be considered to provide the services of its seconded employees in the course of its own business and that, in our view, would trigger the application of subparagraph 95(2)(b)(ii). If it is simply receiving a full reimbursement for all of its costs relating to the seconded employees, the situation is no different than if the FA had hired the employees directly and, as such, the Canadian parent would not be considered to be providing services to the FA. b) Depends on the facts and circumstances and the application of proper transfer pricing principles. ...

24 November 2015 CTF Roundtable Q. 7, 2015-0610611C6- Entity Classification CRA Tags 248(1) "corporation" Principal Issues: 1) In light of the Anson UK case, has the CRA changed its position that US-LLCs are generally considered to be corporations for the purposes of the Act? ... Thus, we are maintaining our position that LLCs would generally be considered to be corporations for the purposes of the Act, based on the application of our usual “two-step approach”. We say “generally” because we haven’t analyzed every state’s LLC statute and have not updated very many of our opinions for any possible changes to the statutes we have previously considered. b) As for the status of our deliberations in respect of the classification of LLPs and LLLPs governed by the laws of the State of Florida, we have not yet concluded our analysis but we are heavily leaning towards treating them as corporations for the purposes of the Act. ...

5 March 2009 Roundtable, 2008-0300591C6- Investment tax credit- SR&ED Principal Issues: 1.Whether the provincial/territorial ITC for R&D that is not renounced by the filing-due date is considered government assistance that reduces the federal ITC under ITA 127(18). 2. ... In view of the different wording employed, subsection 127(18) is considered to have a broader application than is paragraph 12(1)(x). ... That is, unless it is renounced, the tax credit would be considered to be government assistance that the taxpayer is entitled to receive or can reasonably be expected to receive and accordingly would reduce the federal qualified expenditures under subsection 127(18). ...

A determination as to whether a loan can be considered to have been rec'd "because of" or "as a consequence of" employment will be made for purposes of 80.4(1) with the comments in Hoefele given due consideration Reasons: Note: the following speaking notes were prepared for the 1996 annual meeting of the Canadian Tax Foundation. ... Tax equalization benefits, for example, are considered taxable amounts under paragraph 6(1)(a) or (b) of the Act depending on whether the amount is paid as an allowance or as a reimbursement. ... A determination as to whether a loan can be considered to have been received "because of" or "as a consequence of" employment will be made for the purposes of subsection 80.4(1), with the comments in Hoefele on this point given due consideration. ...

To the extent that the annuity payments during the lifetime of the donor are not expected to exceed the amount of the contribution, the difference will be considered to be a gift and the payments to the donor from the charity will be considered to be capital payments. ... As this type of an arrangement is considered to be an annuity for income tax purposes it is subject to tax under the rules relating to annuities except in the very narrow circumstances of paragraph 3 of Interpretation Bulletin IT-111R. ...

For the purpose of this question, assume that, under the taxation laws of the United States, the ULC is considered to be a branch of USCo and, therefore, the interest payable on the Debt is not recognized as an item of income by USCo. ... Question Does Article IV(7)(b) of the Treaty apply to the interest on the Debt that is deemed to have been received by USCo pursuant to paragraph 78(1)(b) of the Act such that it is considered, for the purposes of the Treaty, not to have been paid to or derived by USCo? ... Accordingly, it is our view that Article IV(7)(b) would apply with the result that the interest on the Debt that is deemed to be received by USCo pursuant to paragraph 78(1)(b) would be considered not to be paid to or derived by USCo for the purposes of the Treaty. ...