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The shares or trust units are considered to be acquired when legal ownership of the shares has been transferred and the vendor has entitlement to receive payment. ...

1993 APFF Roundtable, Q.1-- summary under Paragraph 256(1)(a) Summary Under Tax Topics- Income Tax Act- Section 256- Subsection 256(1)- Paragraph 256(1)(a) Where a wholly-owned subsidiary ("Holdco II") of Holdco I is the sole general partner of three limited partnerships which, in turn, each hold 1/3 of the shares of Opco, Opco will be considered to be controlled by Holdco II (and therefore associated with Holdco I)- even though the general partner interest of Holdco II is not sufficient to deem a sufficient number of Opco shares to be owned by Holdco II so as to give rise to control by Holdco II- given that Holdco II appears to have de jure control of Opco. ...

22 March 1999 Headquarters Letter HQR0001233-- summary under Place of Amusement Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Place of Amusement In dealing with a question as to whether seminars put on by religious institutions would be considered to be provided at a "place of amusement", CRA stated that "a minor amount of amusement/recreation is not sufficient in order to consider a venue as a place of amusement, and indeed any amusement/recreation that is secondary to another purpose will be insufficient... ...

"Although ForCo is not involved in the creation or design of the advertising message, its provision of advertising space in magazines is considered to be a service of communicating the message and therefore a supply of an advertising service. ...

Where 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 subsections 88(1) and (2) the corporation is considered to have been wound up. ...

Nonetheless, the non-resident supplier is considered to have collected an amount of tax, as set out in section 194, and remains liable for remittance of that tax. ...

The courts have found that, in interpreting the meaning of "pertains to" or "incident to" in context, there has to be a financial relationship of dependence of some substance between the property in question and the active business before the property is considered to be incident to or to pertain to the active business carried on by the corporation. ...

The CRA cannot certify the residency of a partnership because partnerships are not considered resident; however, the individual partners of a partnership can ask for a certificate. ...

6 December 1995 No. 9530400-- summary under Investment Business Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(1)- Investment Business CRA repeated the position set out in 6363-1 immediately below that: a part-time employee who is employed in the active conduct of the affiliate's business would be considered for the purposes of the "equivalent" test in subparagraph (b)(ii) of the "investment business" definition. ...

Part XVIII takes this into account by ensuring that an entity will not be considered to be a Canadian financial institution unless it is included in the definition of the term "listed financial institution" in subsection 263(1) of the ITA. ...