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13 September 1990 Administrative Letter 901946 F- Indian Band Council Considered Canadian Municipality Unedited CRA Tags 110(1)(a)(iv), 118.1(1) total charitable gifts   19(1) 901946   Bill Guglich   (613) 957-2102   EACC9656 September 13, 1990 19(1) In a letter dated July 24, 1990, Ms. Anita Boscariol of Indian and Northern Affairs Canada requested that we provide you information as to whether your band council could be considered a Canadian municipality for purposes of issuing income tax receipts for charitable gifts. ...

22 December 1989 Administrative Letter 59176 F- Annuities Considered Qualified RRIF Investments Unedited CRA Tags 146.3(1) qualified investment, 204 qualified investment, ITR 4900 19(1) 5-9176   D. ...

If the payments do constitute qualified expenditures, would the reimbursement by the U.S. parent be considered either a "contract payment" or "non-government assistance" as defined in subsection 127(9) of the Act? ... However, should CANCo not be acting as an agent of NRCo, payments made by CANCo     would  normally be considered an expenditure made by CANCo for the purposes of that subparagraph. ... In addition, the amounts received by those Canadian    researchers would not be considered contract payments as they are payable by a non-resident person not subject to Canadian income tax.  ...

For these purposes, current liabilities of a corporation are not considered to relate to any particular asset of the corporation. Generally, a particular liability may be considered to relate to a particular asset if the liability is specifically secured by that asset, regardless of the direct use of the proceeds of the borrowing or of the transaction or event giving rise to the particular liability.  For example, a loan secured by a mortgage of real property would generally be considered to relate to that property regardless of the direct use of the proceeds of the loan.  ...

Each participant of a joint venture is considered to be conducting its own business so that it receives each income and incurs each cost to the extent of its participation in the joint venture.  ... In addition, if a joint venture would be considered to have a permanent establishment in Canada for the purposes of an income tax convention that Canada has with another country, if it were a resident of a contracting state for the purposes of that convention, any member of such a joint venture who is resident in that country will generally be considered to have a permanent establishment in Canada.  ... While the Bulletin does not provide any guidelines for distinguishing a partnership from a joint venture it does discuss factors which may be considered when reviewing such arrangements. for DirectorReorganizations and Non-Resident DivisionRulings DirectorateLegislative and Intergovernmental Affairs Branch ...

Will Canco or the lender be considered to have received a taxable benefit from the parent? ... DEPARTMENT'S POSITION Neither Canco nor the lender would be considered to have received a benefit from the parent. ... However, if Canco's borrowing of funds or the giving of a guarantee by the parent can be considered part of a series of transactions, which series, would result in a tax benefit and may reasonably be considered to have been undertaken or arranged primarily to obtain the tax benefit, the transaction may nevertheless be subject to subsection 245(2) of the Act. ...

Interpretation Bulletin IT-479R effectively excludes capital treatment to those considered to be "traders or dealers in securities" or those engaging in transactions considered to be "adventures in the nature of trade". ... Transactions with respect to commodity futures contracts by a mutual fund trust are considered as investing for purposes of paragraph 132(6)(b). ... Generally, it is the opinion of the Department that a mutual fund trust or corporation which invests primarily in futures would be engaged in transactions considered to be "adventures in the nature of trade" such that the related gains and losses would be on income account. ...

If there is such a community, the 24(1) work site could not be considered a remote work location for purposes of subparagraph 6(6)(a)(ii) of the Act.  However, the site may be considered a special work site if the specific requirements of subparagraph 6(6)(a)(i) of the Act are met.   2)      that in the absence of an established community as mentioned in (1) above, can the 24(1) work site itself be considered to be an established community where the taxpayer can reasonably be expected to establish and maintain a self-contained domestic establishment. ... Evidence of the work site being a temporary work site would be one factor, among others, indicating that the site cannot be considered an established community.  ...

Accordingly, if Bidco is considered, prior to the actual acquisition of shares of Xco, to have a direct or indirect interest in the issued shares of Xco, Aco, Bco, Cco and member(s) of Management will each be considered to be a specified shareholder of Xco prior to the acquisition of control of Xco by Bidco. ... If any of the shareholders of Bidco are considered to be specified shareholders of Xco before Bidco acquires control of Xco, the shares of the Subsidiaries would be considered to be ineligible property. ... Conclusion In our view, the shareholders of Bidco should not be considered to be specified shareholders of Xco, prior to the acquisition of control of Xco by Bidco, for the purposes of clause 88(1)(c)(vi)(B)(I) solely as a result of Bidco's right to acquire the shares of Xco in the circumstances described. ...

These dividend and rental payments are subject to Canadian Part XIII tax.  19(1)  are concerned that we will interpret paragraphs 1 and 2 of Article $ ("Articles 4(1) and 4(2)") (a photocopy of which is attached) of the Australian Convention in such a manner that the Society will not be considered to be a resident of Australia for purposes of this Convention and will thus not be entitled to the benefits contained therein (e.g. reduced withholding rates on amounts subject to Canadian Part XIII tax). ... Accordingly, the Society may be considered to be a resident of Australia for the purposes of Article 4(1) of the Australian Convention Because it would be considered to be a resident of Australia for purposes of its tax. 2)     As the Canadian source income of the Society would be exempt from Australian tax because the Society is a non-profit organization and not solely because such income is subject to Canadian tax, Article 4(2) of the Australian Convention applies to cause the Society to not be considered a resident of Australia for all purposes of this Convention. ... Convention, was it intended that exempt organizations be considered resident in a contracting state for purposes of any treaty in order that they receive the benefits of the treaty? ...