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We agree that a dam, a weir, a water channel, a turbine or generating or distribution equipment would not be considered a building. ...

Further, paragraph 8 of Interpretation Bulletin, IT-337R2 continues to outline this Department's position with respect to the tests to be applied in determining whether in the case of a non-arm's length payment the amount paid is reasonable in specific circumstances, and may be considered to be a retiring allowance. ...

The comments expresses are not advance income tax rulings and are not considered binding on the Department, in respect of any taxpayer, in accordance with paragraph 24 of Information Circular 70-6R dated December 18, 1978. ...

In our view, in order for the van in the above example to be considered "adapted to carry not more than the driver and 2 passengers" as that phrase is used in the definition of "automobile" in subsection 248(1) of the Act, the interior of the vehicle would have to be altered in such a fashion that the bench seat could not readily be used in the vehicle without modifications being required. ...

Pension income is considered an "other" source of income as defined in section 56 of the Act. ...

However, it is not clear as to whether an individual's learning dysfunctions should be considered to be a "mental handicap" under subparagraph 110(l)(c)(vi). ...

In the situation where the employee stock options do not expire upon the death of the employee and where the fair market value of the option as of the date of death exceeds the exercise price of the option, you have requested confirmation that: 1) There is no deemed disposition of the options upon death; 2) The options are not considered rights or things subject to subsection 70(2) of the Act; 3) The beneficiary acquires the options at a cost base equal to their fair market value at the time he acquires them (i.e. the date of death); 4) The beneficiary acquires the option as capital property; and 5) When the option is exercised, the beneficiary will realize a capital gain equal to the difference between the fair market value of the stock at the time the option is exercised and the cost of the option. ...

In particular, you requested confirmation that the policy of Revenue Canada, Taxation as set out in paragraph 5 of Interpretation Bulletin IT-486R, namely, that an asset is considered to be used in a business if its primary or principal use (i.e. more than 50% of its use) is in respect of that business, applies for the purposes of the definition of "qualified small business corporation share" in subsection 110.6(1) of the Act. ...

In our view the main criteria to be considered in determining whether existing paragraph 146(5)(a) of the Act applies to a specific situation in a year is whether the employer has or may at some future time contribute to a pension plan on behalf of the employee in respect of the year. ...

Therefore, in determining if a payment would result in a capital gain the nature of the property given up or disposed of in return for the payment must be considered. ...