Search - considered

In addition, we indicated that if the employer subsequently incurs an expense in adding to the value of the article of such jewellery, the employee would also be considered to have received a taxable benefit at that subsequent time. ... While the fair market value of the benefit involves a question of fact, the value of the article of jewellery would ordinarily be considered to be no less than the expense incurred by the employer. ... With respect to the situation under consideration, this would be the case if the use of the "fair market value" concept is not considered to be determinative of the amount that is to included in an employee's income. ...

., XXXXXXXXXX Your main concern is that the mandatory inventory losses in paragraph 28(1)(c) of the Income Tax Act may eliminate the XXXXXXXXXX loss unless both operations are considered to be one business. ... As discussed (Albert\XXXXXXXXXX), we also assume that this corporation has been incorporated in Canada and that it is considered resident in Canada. ... When determining whether business operations are of the same kind, the principal factor to be considered is the type of business that a taxpayer is in. ...

The same would be the case for a trip from a branch to their home;- travel from one branch to another would also be considered to be for business purposes, as would travel between the employee's base office and a branch;- travel from the employee's home to the base office would be considered to be personal, and the same treatment would be given to travel from the employee's base office to home. ... These particular trips are not considered to be of a personal nature. 2. Whether an employee's place of work is to be considered a "regular place of work" is a question of fact that can only be determined on a case by case basis upon a review of all the individual's circumstances. ...

It should be noted that for purposes of the Act, life insurance corporations are considered to be public corporations. ... If the corporation is part of a group of related corporations, the combined services of their employees and the combined salaries and wages paid must be considered in making this determination. ... Due to the detail and complexity of the Regulations regarding these issues, the foregoing comments are meant only to provide an overview of the relevant provisions and under no circumstances are they to be considered to be either comprehensive or all inclusive. ...

You have also asked for our opinion on whether Highway 556 (Case #l) and Highway 6 (Case #2) referred to in your memorandum can be considered to be "ordinarily continuously usable" all-weather roads for the 1987 and 1988 taxation years. ... Based on the above, it is our view that Highway 6 may be considered an all-weather road for the 1987 taxation year but should not be considered an all-weather road for the 1988 taxation year as it was not ordinarily continuously usable in the 1988 taxation year. In addition, it appears that as the road will be closed to all traffic from September 7, 1989 to December 8, 1989 it should also not be considered an all-weather road for the 1989. taxation year. ...

In your opinion the portion of the Rescheduling Fee that can reasonably be considered to relate to the Credit Facility is deductible under paragraph 20(1)(e) of the Act. ... We agree with your opinion that the portion of the Rescheduling Fee that may reasonably be considered to relate to the Credit Facility is deductible under paragraph 20(1) (e) of the Act. In our opinion however the portion of the Rescheduling Fee that can reasonably be considered 24(1) 24(1) In our opinion paragraph 20(1)(f) of the Act is not applicable to the Debenture Fee but it may be considered an eligible capital expenditure within its meaning under paragraph 14(5)(b) of the Act and accordingly a deduction may be claimed under paragraph 20(1)(b) of the Act. ...

In determining whether a loan comes within the exemption provisions of subparagraph 15(2)(a)(ii) of the Act, it is our view that the term "dwelling for his habitation" includes only that portion of the land subject to and contiguous to the dwelling which can reasonably be considered to be required for the use and enjoyment of the dwelling. While the Department does not generally dispute the use and enjoyment of land which is less than 1/2 hectare, land in excess of 1/2 hectare will only be considered as part of the dwelling if it is established to be necessary for the use and enjoyment of that dwelling. ... You also asked us to confirm than an arrangement need not be in writing in order to be bona fide and that an arrangement which is evidenced by way of letter between employer and employee or a corporate policy applicable to all such loans would be considered to be a bona fide arrangement. ...

Whether an employee can be considered to regularly report for work at any location is a question of fact with consideration given to all relevant facts such as duration of time the site is reported to in relation to other work sites, the wording of the employment agreement if there is one and so forth. Those tree planters that report to several job sites in the course of the year, that cannot be considered to regularly or ordinarily report to any one place of business of the employer, can clearly meet the "in different places" clause of subparagraph 8(1)(h)(i) of the Act. ... Those tree planters that are considered to ordinarily carry on their duties of employment in different places may not be considered to ordinarily report for work at any particular employer establishment or municipality and hence may be precluded from a meals deduction by virtue of subsection 8(4) of the Act. ...

It should be noted that for purposes of the Act, life insurance corporations are considered to be public corporations. ... If the corporation is part of a group of related corporations, the combined services of their employees and the combined salaries and wages paid must be considered in making this determination. ... Due to the detail and complexity of the Regulations regarding these issues, the foregoing comments are meant only to provide an overview of the relevant provisions and under no circumstances are they to be considered to be either comprehensive or all inclusive. ...

We considered whether the union's payment of the premium could be considered as a form of strike pay. ... In determining whether the premium can be considered the employer's contribution, it is not the manner in which the payments are remitted to the insurer which determines whether the premiums are that of the employer or the union. ... If, as we have assumed, the employer is the group policyholder and is required to pay the premium to keep the policy in force, then it is our view that payment of the premium can be considered to be the employer's contribution notwithstanding that the union has agreed to reimburse the employer for the costs so incurred. ...