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While it would appear that you and your daughter would probably be considered a non-resident of Canada for taxation purposes, you may confirm your taxation status with the Ottawa District Taxation Office located at 360 Lisgar Street in Ottawa by completing the attached forms. ... Provided you and your daughter are considered non-residents of Canada for taxation purposes, you would be exempt from Canadian tax provided that the income is subject to tax in Austria except in the circumstances where you are considered to be a deemed resident of Canada. ...

As it would appear that XXXX was operating a business, through an agent, and the paintings on hand were considered to be inventory; XXXX Inventory or capital property? ... Would the sale of the remaining paintings be considered income from a business or income subject to the capital gains provision of the Income Tax Act? ... In examining such course of conduct the following factors would have to be considered: (1) intention; (2) the relation of the transactions to the taxpayer's regular business; (3) the nature of the transactions and the type of asset being disposed of; (4) the number and frequency of the transactions. ...

Since no information as to the specific pipelines involved was forwarded with either your memo or with XXXX letter of April 2, 1986, we can only reiterate our interpretive position on this matter which was previously considered in the case of XXXX Further, we would think the actual determination of which pipelines come within Class 2 by virtue of this position is best determined by field investigation. ... We note that XXXX in its letter of April 2, 1986 refers to a synthetic crude unit and argues that the pipelines between that unit and the existing refinery facilities should be considered "short lines" and their cost capitalized as part of the equipment based on paragraph 9 of IT-482. Such a conclusion does not necessarily follow since those lines must "reasonably be considered to be an integral part of the equipment" before paragraph 9 of IT-482 can be applied thereto. ...

In response to your specific inquiries, we would first of all confirm that it is our view that in the situation described above, no benefit fer the purposes of paragraph. 7(1)(b) of the Act would be considered to have been received by the employees as a result of the cancellation of the old agreements and the entering into the new agreement. ... Furthermore, we would also confirm that in the event that the old agreements are simply amended to reflect the current share price- rather than being expressly cancelled with new agreements being extended- the amended agreement could be considered to be a new. agreement to issue shares for the purposes of paragraph 110(1)(d) of the Act and the date of that agreement would be the date of the amendment. The foregoing represents our considered opinion with respect to the issues raised in your letter, but this is not a ruling and is not binding upon the Department. ...

It would provide an incentive for land owners to protect their natural areas if a donation of the restrictive covenant, to Her Majesty or to any registered charity willing to accept the restrictive covenant, could be considered a charitable gift. ... Since a restrictive covenant registered against land is a right it would be considered a property. Consequently a donation of a restrictive covenant registered against the land to Her Majesty or to a registered charity could be considered a gift for purposes of section 118.1 or 110.1 of the Income Tax Act 24(1) (a registered charity) may issue receipts respecting donated restrictive covenants providing the donation qualifies as a gift. ...

Humenuk (613) 957-2135 19(1) December 17, 1990 Dear Sirs: Re: Section 80.4 of the Income Tax Act (the "Act") This is in reply to your letter of June 11, 1990, wherein you requested our views on whether voluntary payments of interest would be considered to be interest paid for the year on a loan which bears no interest or bears interest at a rate lower than the prescribed rate for purposes of paragraphs 80.4(1)(c) and 80.4(2)(e) of the Act. ... You referred to a letter written by this Department on April 3, 1981 wherein we set out four conditions which had to be met in order that a voluntary payment of interest by the employee be considered interest for the purpose of computing the taxable benefit under subsection 80.4(1) and in order that the loan be considered unmodified in the context of subsection 80.4(1.1) of the Act. ...

Whether the Trust Fund would be considered as an employee benefit plan ("EBP") or retirement compensation arrangement ("RCA") as these terms are defined under subsection 248(1) of the Act. ... Alternatively, it is arguable that the surplus received by the Trust Fund from the RPP may be considered as a superannuation or pension benefit and would be included in the income of the Trust Fund under paragraph 56(1)(a) of the Act. ... Consequently, provided that the employer and the RPP deal at arm's length, and provided that the payment by the RPP cannot reasonably be considered to be made on behalf of the employer it is our view that the Trust Fund would not be an EBP or an RCA but would be a trust which is taxable under Part I of the Act. ...

Co. is considered a resident of Canada, under the central- management- and-control concept, for the purposes of the Act. 4. ... Co. is considered to be a resident, for purposes of the Convention, of the U.S. only. ... However, since a deemed disposition under section 48 of the Act is considered to be an alienation of property for the purposes of the Convention, paragraph 4 of Article XIII of the Convention would exempt U.S. ...

You asked whether certain fees charged to a trust governed by a RRSP, RESP or RRIF could be considered expenses and, if paid from a source outside the plan, deductible from income. ... Reasonable administration fees paid by an annuitant to the trustee of a RRSP or to the carrier of a RRIF are considered to be deductible expenses in computing income from property. ... Expenses related to investments include fees for the acquisition or transfer of investments, preparation of title documents, investment.../2 000096 counselling, commissions, brokering, or the like, Furthermore, if a RRSP annuitant reimburses the trust for such costs, the amount would be considered a contribution to a RRSP and would be included in calculating the maximum deduction permitted by subsection 146(5) of the Income Tax Act. ...

Would the amount the company pays to the widow be considered a death benefit? ... Given these circumstances, you are asking if the amount the company pays would be considered a death benefit and if it would be acceptable for the company to pay an amount that is equal to the $10,000 exemption. ... If an employee dies after retirement and his or her spouse then receives such a payment in recognition of the employee's service, this payment would normally be considered to be a retiring allowance. ...