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The insurance company has requested confirmation (1) that the additional premium paid by an employer in respect of the special disability benefit would not be considered a taxable benefit to the employees by virtue of the exclusion in subparagraph 6(1)(a)(i) which refers to payments in respect of group sickness or accident insurance, and (2) that the special disability benefit payable to an employee who becomes incapacitated by certain illnesses (i.e. heart attack, stroke, paraplegia or cancer) would not be taxable under paragraph 6(1)(f) since (a) the amount is not paid on a periodic basis, and (b) the amount payable in calculated as a percentage of the group life insurance coverage and is not referable in any manner to a loss of employment income. 21(1)(b) We would appreciate receiving your views, in tax policy terms, of the above-noted matters. ...

Since most other types of income included in the Convention are considered as income rather than gains and since these specific provisions override the general provisions of Article XIII, it would appear that only capital gains for income tax purpose would qualify as "gains" for purposes of the Convention. ...

It is our opinion that by virtue of paragraph 96(1)(f) of the Act, net income allocated to a partner from a partnership that is earned from class 10(w) or class 12(n) property owned by the partnership is considered to be that partner's income from such property for the purposes of subparagraph 1100(1)(i) of the Regulations. ...

Should you wish to have the merits of a specific case considered by this Department we suggest that you forward all relevant information to our Assessing and Enquiries for review. ...

We can advise that we are generally in agreement with this interpretation of the term although we would also note that this list of assets should not be considered to be exhaustive of the assets to be included or excluded in the determination of "tangible property". ...

The income to be considered consists of both the interest paid on the bonds that still goes to 24(1) pursuant to the lending agreement and the lending fee itself. ...

It is your opinion that, because Opco is ultimately controlled by a single related group and the members of the group would be considered to be insiders of the corporation as defined in subsection 4802(1) of the Regulations, Opco is eligible to make an election not to be a public corporation. ...

Although it is not known with certainty what the fee is, if it is some sort of finders fees, we doubt whether it could be considered a "managment or administration" fee even if it was paid in a non-arm's length situation. ...

In order for a leasehold interest to be considered a depreciable property, it, must have a capital cost. ...

If you encounter cases where you believe the facts differ in substance from those considered in the attached memoranda, we would be pleased to provide our comments in response to a request from you. ...