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Upon expiry of the lease and the return of the car to the dealership, a change in use is considered to have occurred. ... However, because of the very nature of the operation of a car dealership, it is difficult to see how the sale of used leased cars could be considered to be separate and distinguishable from the normal operations of the dealership. ...

1 November 1990 Ministerial Correspondence 90M11344 F- Purchase of Shares- Open Market Test Unedited CRA Tags 181, 84(6), 183.1(1)(b), 183.1(6) CTF- 1990 Conference Report QUESTION I 85 Purchase of Shares- Open Market Test In Interpretation Bulletin IT-300, dated April 2, 1976, which was cancelled in June, 1982, some indication was given of the Department's view as to when shares are considered to have been purchased in the open market "in the manner in which shares would normally be purchased by any member of the public in the open market" for the purposes of former section 181 and subsection 84(6) of the Income Tax Act. ... If the vendor and the purchaser have made an arrangement with respect to the purchase and sale of the shares in question, the purchase would not be considered to be carried out in the manner in which any member of the public would normally purchase shares in the open market. ...

Amounts received by post-doctoral fellows will likely be considered employment income, research grants, scholarship income, or some combination of these. In the past, the CRA has generally considered the income received by post-doctoral fellows to be either employment income or research grants. ... If a post-doctoral fellowship is considered to be scholarship income, a $500 scholarship exemption is available; however, the fellowship does not qualify as earned income. ...

Bank account transfers between corporations, related or otherwise, are considered as loans and advances. ... TD Bank, 17 O.R. (3d), 363 daily bank transfers from subsidiary corporations to a concentration account under a mirror accounting system were considered to be legally effective. ... It is our view that where the balance sheet of a corporation, prepared in accordance with GAAP, reflect the intercompany obligations that these obligations would be considered as loans and advances for purposes of subsections 181.2(3) and (4) of the Act. ...

Position: Yes Reasons: The amount is considered to be a designated benefit and the amount can be transferred to the spouse's RRIF; the amount so transferred may be taxed to either the deceased or the spouse and, if taxed to the spouse, would be eligible for a deduction if transferred to the spouse's RRIF. ... When you die you will be considered to have received immediately before death, an amount equal to the fair market value of all the property held in the RRIF at the time of death. ... If your wife is not a beneficiary of the RRIF, but rather of the estate, please refer to the enclosed form T1090 Death of a RRIF Annuitant- Designated Benefits which can be used by your wife and your legal representative to have the amount paid out of the estate to your wife's RRIF to be considered a "designated benefit" received by her directly. ...

The bulletin states that a new location probably would not be considered a replacement property for an old location if the business operations at the two locations are carried on simultaneously, other than for a brief transitional period. ... For example, the Income Tax Rulings and Interpretations Directorate has previously given a general interpretation that the purchase of a 3,000-acre farm would likely not be considered a replacement property for a 200-acre farm. then there are no other aspects to consider, such a vast change in size gives the impression that the acquisition was more than a replacement. ... However, I would emphasize that, in order to make a definitive determination in an actual case, all other factors would have to be considered in order to determine if the replacement property rules are applicable. ...

However, if the scope of the fundraising activities is significant, fundraising can be considered a purpose of the organization, in which case the organization may not qualify as a paragraph 149(1)(l) entity. ... Generally, fundraising, by its very nature, is considered a for-profit activity. ... However, the scope of the fundraising activities, especially by comparison with other activities, should not be so significant that fundraising can be considered a purpose of the organization, in which case the organization may not qualify as a paragraph 149(1)(l) entity. ...

If the funding taxpayer receives, in consideration for a reasonable royalty payable to such a researcher, the exclusive rights to manufacture and distribute in Canada products made as a result of using those rights, the funding taxpayer would normally be considered to be entitled to exploit the results of the SR&ED performed.  ... In such a case, the funding taxpayer would still normally be considered to have met the "entitled to exploit" test.  ... In order to do so, the results of the SR&ED must be considered to have a direct and beneficial application in a business that is carried on by the taxpayer in the year by leading to or facilitating an extension of that existing business. ...

We would comment at the outset that from the limited information submitted we are unable to determine with any certainty whether the taxpayer sojourned in Canada in the year for a period of, or periods the aggregate of which is 183 days or more in order to be considered a deemed resident in Canada pursuant to paragraph 250(1)(a) of the Act.  ... Real property or an interest in real property situated in Canada is considered to be "taxable Canadian property" as that term is defined in subsection 248(1) of the Act.  ... Additionally, as the taxpayer is not considered a resident of Canada, the capital gains deduction is not available to the taxpayer as subsection 110.6(3) of the Act states, in part, "In computing the taxable income for a taxation year of an individual (other than a trust) who was resident in Canada throughout the year... ...

The SPA is considered to be a pension plan within the meaning of that expression as found in the applicable provincial pension standards legislation. ... Any increases in the value of the letter of credit subsequent to issue would also be considered benefits received by the employee and taxable under paragraph 6(1)(a) of the Act to the extent that they arose as a consequence of the employment. 3.     The payments by the RCA trust of the annual fees for the letter of credit would be considered to be a benefit to the employer out of an RCA and therefore taxable under the provisions of paragraph 12(1)(n.3) and subsection 56(2) of the Act. ...