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Position Payments to a non-resident for the use of a signal carrying a live telecast of a sporting event are subject to Part XIII tax (they are considered to be use payments and are not eligible for the subparagraph 212(1)(b)(vi) exemption as live signals do not have copyright protection in Canada), but are exempt from withholding tax pursuant to Article XIII of the 1942 Treaty. While live signals are not copyrightable in Canada they are in the U.S. and as a tax treaty has to be given a broader interpretation then the Income Tax Act, the payments are considered to fall with the opening words of Article XIIIC which read "Royalties for the right to use copyright... ...

Specifically, you requested our views as to whether the sentence, "Where 90% of the fair market value of the assets of the business that was carried on in Canada are sold, all or, substantially all of the assets of the business will be considered sold" can replace the previous sentence, "All or substantially all is considered to be at least 90% of the property used in carrying on the business", in IT-188R. ...

Furthermore, are the expenses incurred during a refinancing covered by paragraph 20(1)(e) of the Act or are they considered eligible capital property? ... Expenses which do not qualify under paragraph 20(1)(e) of the Act because they were incurred in the course of a refinancing that does not involve borrowing money would, generally speaking, be considered eligible capital expenditures if they meet the definition provided in paragraph 14(5)(b) of the Act. ...

In your situation the XXX would be considered paid to you if they 1) are sent to you in XXX, or 2) are kept in Canada for your use. As they are considered paid to you in either of these situations the 25% tax would have to be withheld. ...

In such a case, although B Company continues to own the property, will the paragraph 111(4)(e) election be considered a disposition for purposes of applying subsection 69(11) to A? Department's Response A deemed disposition pursuant to paragraph 111(4)(e) would be considered to be a disposition for the purposes of subsection 69(11). ...

We would suggest reversing the two questions so that your question b) becomes a), and question a) becomes b), and responding as follows: a) With respect to the application of the provisions of section 116 of the Act to the disposition of partnership property. i) the assumptions in subsection 96(1) of the Act are not applicable, ii) on the disposition of partnership property, each member of the partnership is considered to have disposed of his share of that property, and iii) each non-resident partner is a non-resident person referred to in section 116. ... Each remaining partner is considered to be the person referred to in subsection 116(1)(a). ...

Misinformation has been disseminated that such payments are considered income in the year received by farmers. ... ADVANCES RECEIVED UNDER THESE TWO ACTS ARE CONSIDERED LOANS AND ARE NOT TREATED AS INCOME IN THE FISCAL PERIOD YOU RECEIVE THEM. ...

SUBJECT: DEBTOR'S GAIN ON SETTLEMENT OF DEBT SECTION: 80(1), 80(4)] 1992 Corporate Management Tax Conference FORGIVENESS OF LOAN INTEREST- FARMERS Question 15 Subsection 80(4) provides that interest that was deductible is considered to be principal for the purposes of subsections 80(1) and (3). Prior to amendments to this subsection, only interest that was actually deducted was considered to be principal. ...

M.N.R. [[1991] 1 C.T.C. 2001] 91 DTC 211 Factors to be considered would include the location of the books and records, where the Directors meet, where day to day management and control is exercised, where major business transactions are carried out, where employee files are maintained and major Personnel and Payroll decisions are made, and where one would sue if legal action were being contemplated. XXX Finally, we note that representatives of the XXX were advised by us in a letter dated May 30, 1988 that "a corporate entity will be considered to reside in the place in which the control and management of the entity is exercised and such a determination will depend upon the relevant facts of each case. ...

Both matters are now being considered by us as a request for remission of tax under the Financial Administration Act assuming that Bill C-62 will become law. ... • Comments on XXX overall compliance record, credibility and other personal data which may be considered in his favour to support remission. • Description of circumstances that led to his reassessment XXX which gave rise to the unpaid taxes. ...