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If this is not accepted by the taxpayer, the application of subsection 15(1) should be considered. 2. ... However, if the consideration for all properties transferred is taken into account, no benefit may be considered to have been conferred. ... If he fails or refuses to provide them within a reasonable time period, the election could be considered invalid. ...

Amounts received during this period of leave from employment would not be considered a retiring allowance, nor would they qualify for a tax-free transfer to the recipient's registered retirement savings plan ("RRSP") under subsection 60(j.1) of the Act. ... Generally, where CPP and UIC are deducted the payments made by the employer would be in the nature of salary and would not be considered an eligible retiring allowance. With respect to the alternatives given in your letter, it is our opinion that only Alternative 1 would be considered a retiring allowance and that the other alternatives would be considered employment income. ...

If this is not accepted by the taxpayer, the application of subsection 15(1) should be considered. 2. ... However, if the consideration for all properties transferred is taken into account, no benefit may be considered to have been conferred. ... If he fails or refuses to provide them within a reasonable time period, the election could be considered invalid. ...

Whether a business ceases is dependent upon factors such as the following: i) sale of all inventory ii) dismissal of all employees iii) vacation of the business premises The sale of all fixed assets of a business is not considered a mandatory requirement for the cessation of a business if it can otherwise be established to have ceased. Paragraph 5 offers some specific examples of business operations that are considered to be of the same kind. ... The department's criteria as outlined in IT-376 were considered by the courts in Yarmouth Industrial Leasing Limited v. ...

You have requested our comments related to the following questions: 1) Will the shares of Holdco be considered to be shares of a small business corporation as defined in subsection 248(1) of the Act and as such be considered to be QSBCS's in the above situation? ... The partnership interest and the loan to the partnership will both be considered to be "assets that were used in an active business carried on primarily in Canada by the particular corporation". ... As such, provided the other requirements in the definition of QSBCS in subsection 110.6(1) are met, the shares of Holdco will be considered to be QSBCS's. ...

You have requested that we provide our comments as to whether the taxpayer, in the situations described below, would be considered to derive all or substantially all of his revenue from the prosecution of or sale of rights in or arising out of SR & ED. ... Should the taxpayer derive his revenue in the manner described in examples 3 and 4 above, it is our view that the income would generally be considered to have been derived from the prosecution of SR & ED. ... Accordingly, this revenue would not be considered to have been derived from the prosecution of or sale of rights in or arising out of SR & ED. ...

Our Comments It is our view that where cash that is temporarily surplus to the needs of a business is invested in short-term income-producing investments those investments may be considered to be used in the business. Where on the other hand substantial amounts of cash and deposits which are obviously in excess of that required for use in the business are retained in the corporation on a permanent basis, they would not be considered to be funds used in the business. Rather such funds would be considered as permanently set aside for investment or non-qualified uses (i.e. uses other than in an active business). ...

A residence is considered to be a self-contained domestic establishment if it is a living unit with restricted access that contains a kitchen, bathroom and sleeping facilities. ... If there is such a community, the XXX work site could not be considered a remote work location for purposes of subparagraph 6(6)(a)(ii) of the Act. ... Evidence of the XXX work site being a temporary work site would be one factor, among others, indicating that the site cannot be considered an established community. ...

Accordingly, travel between the residence and the first business location and the residence would not be considered personal. On the other hand, if the employee is not entitled to claim expenses in respect of an office in the home, the residence would not be considered his settled place of work. ... However, in both of these situations, travel between business locations of customers is not considered to be travel of a personal nature. ...

Will the federal, state and local governments of the U.S. be considered residents of that State for purposes of The Canada-U.S. ... Therefore, it is our view that they should be considered residents of the U.S. for purposes of the Convention, and we respectfully request an interpretation to that effect. ... If it is considered so resident, then the remaining question to be resolved is whether a division of that government, the sole function of which is to administer pension plans, would be considered an "organization" within the meaning of paragraph 2 of Article XXI of the Convention. ...