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Timeliness is another factor that would likely be considered to ascertain whether the advance income tax rulings process would facilitate the commercial transaction. ...

We would like to hear the CRA’s thoughts around whether USco may be considered to be (i) carrying on business in Canada for purposes of the Income Tax Act (Canada) (the “Act”), and, if so (ii) earning income through a permanent establishment (as defined for purposes of the Treaty) in Canada if, for example, 50 of the 1,000 USco employees are Canadian residents. ...

These criteria must be considered in relation to each other, and not as separate criteria. ...

If a partnership is considered a reporting entity, the administrative position relating to reporting entities that are members of a related group would be extended to partnerships if at least one of the partners is related to every other reporting entity forming the related group. 2. ...

However, in a case where an amount paid to Publico by the LLC could be considered a reimbursement of its initial subscription under its relevant constituting documents, the amount paid would be considered a reduction in the paid-up capital rather than a dividend for the purposes of the Act. ... Safe income on hand means the safe adjusted income that could reasonably be considered to be contributing to the capital gain that would have been earned on the disposition of a share of a corporation. ... Since this loss is not considered to be contributing to the capital gain that would have been earned on the disposition of a share of the corporation, it should be deducted when calculating the safe income on hand. ...

.… From the wording of paragraph 212.3(2)(a) it is evident that the quantum of the benefit, which is considered to be a contribution of capital under the definition of "investment," is the fair market value of the benefit at the time the investment is made (i.e., when the benefit is conferred). ...

/ 1) Whether some specific benefits are considered taxable under section 6? ...

Questions to the CRA As the concept of beneficial ownership is not really a notion recognized in the application of the civil law in Québec: a) Can the CRA confirm that in a situation identical to the above-mentioned one (hereafter the "particular situation") for an individual living in Québec, only the individual who assumes all the responsibilities and obligations attached to the residence will be considered as the sole owner for the purposes of computing the capital gain at the time of the resale and claiming the principal residence exemption if the facts and the intention of the parties clearly demonstrate such? ...

With respect to the payment of premiums, Interpretation Bulletin IT-244R3 8 states that "if the premiums on the policy are paid directly to the insurance company at the request of, or with the concurrence of, the donee, this action is considered to be constructive payment of a donation to the donee and therefore a charitable gift for the purposes of the Act. ...

It is possible that the trust deemed to be resident in Canada is also resident of another country pursuant to its domestic tax legislation and accordingly, it would be considered a resident of both Contracting States. ...