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(b)     As stated in Information Circular IC 88-2, if the transfer of any property or any other transaction is undertaken to avoid a specific rule within the Act, such a transaction would generally be considered a misuse of the provisions of the Act and therefore subject to section 245 of the Act. (c)     Where a transaction is specifically permitted by an express provision of the Act, it is the Department's view that such a transaction, in and by itself, will not normally be considered a misuse or abuse of the provisions of the Act. ...

Although an allowance based on the 31 cents/25 cents per kilometre rate specified in draft Regulation 7305 may be considered reasonable in many situations, it is our view that the actual costs incurred by an employee should be taken into consideration in determining what would be a reasonable rate for the allowance. ... The reimbursement 24(1) pays to an employee for the incremental cost of purchasing supplementary business insurance is, in our view, not considered to be a taxable benefit and need not be reported by the employee for tax purposes. ...

One of the essential circumstances to be considered is the relationship of the parties and how each of them arrived at their own apportionment. ... In this case, the highest court of the land considered the relationship that existed between the parties and the method.   ...

We are not in a position to comment whether the settlement of property under a trust would be considered not to give rise to a disposition for income tax purposes based upon a hypothetical example. ... It would be a question of fact whether the settlor/beneficiary would be considered to have made a gift to the trustee of a portion of capital property settled on the trust. ...

As well, since the trust will be considered a non-resident trust for the first 60 months it will not be subject to tax in Canada. Our Comments As a general rule, where property has been transferred to a trust for the benefit of the transferor's spouse, the income produced by the transferred property that becomes payable to the spouse beneficiary would be considered received by the spouse but, by attribution, would be taxable in the hands of the transferor.  ...

Consequently, it is our view that the use of excess cash and term deposits to extinguish outstanding liabilities immediately before a disposition of the corporation's shares generally would not be considered a misuse or an abuse of the provisions of the Act. ... Other conditions referred to in the definition of QSBC shares in subsection 110.6(1) of the Act must also be met before the shares can be considered as QSBC shares. ...

She cannot be considered a shareholder on the basis of contingent provisions in family law reform. ... The subsequent carrying charges respecting borrowed funds to discharge the loan would also not be deductible as the guarantor did not receive any consideration for the guarantee and therefore the expenditures would not be considered to be for the purpose of producing income. ...

In our view, while an award under subsection 53(3) for suffering may be excluded from income, awards under paragraph 53(2)(c) of the CHRA (or a settlement in lieu thereof) would normally be considered employment income. ... We enclose a copy of Interpretation Bulletin IT-337R2 entitled "Retiring Allowances" which discusses the circumstances under which a payment received by a former employee is considered to be a retiring allowance. ...

" You have asked whether the marketing company is considered the "dealer" with the responsibility for reporting the benefit on a T4A information slip or whether the distributor is considered to have given the gift directly to the employee in the following hypothetical situation: •     the three parties involved- a distributor, marketing company and a retail salesperson- are not related to one another; •     the marketing company is engaged by its customers to administer retail sales incentive programmes. ...

The courts have determined that for the purposes of this section, employment income is considered personal property. Therefore, employment income may be exempt from income tax if it is considered situated on a reserve. ...