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From the limited information provided it would appear that the taxpayer engages in the following activities: 24(1) Each of these activities and the assets used in the activities must be considered separately in order to determine the correct income tax treatment of the taxpayer's business.  ... Paragraph 4601(c) of the Regulations should be considered in order to determine whether the equipment will qualify as "qualified transportation equipment" as defined in subsection 127(9) of the Act. c)     As stated in paragraph 2 a) above, transportation of raw materials to the plant does NOT qualify as M & P.  ... The property would be included in Class 10(k) as it is would not be considered to have been acquired for the purpose of gaining or producing income from a mine. b)     In our opinion, the processing plant is considered to be a "facility" as defined in the RDIA, and structures, machinery and equipment used in the processing 24(1) will qualify as "certified property" provided that they are primarily for use in a prescribed area. c)     In our opinion, as stated in 1 c) above      24(1) 4)     Transporting the Finished Product to a Storage Area a)     As stated in paragraph 31 of IT-145R, the shipping and storing of finished goods is NOT a qualified M & P activity.  ...

In particular, it is your contention that in the hypothetical situation described above, Corporation A should be considered a Canadian-controlled private corporation as control in fact, to the exclusion of all others, rests with Corporation B. ... Nevertheless, it is important to note that corporation can be considered to be controlled at the same time by several persons or groups of persons. ... Therefore, in the hypothetical situation outlined in your letter, Corporation N will be considered to control Corporation B directly whereas, Corporation A will be considered to control Corporation B indirectly. ...

What types of equipment are considered to be qualified construction equipment? ... If the concrete mixers and stone slinger are considered to be qualified construction equipment by the Judge, will that property and the related labour costs of the drivers also be considered to be manufacturing and processing capital and labour for the purpose of section 5202 of the Regulations. ... Consequently, the activity of unloading the concrete from the concrete mixer would be considered the delivery of finished goods. 8.      ...

Consequently a deemed disposition can not be considered a "sale" of securities for purposes of Regulation 230(2).    ... As regards "cancels" a deemed disposition of a security would not be considered a cancellation of the security for purposes of Regulation 230(3).  ... Consequently, on a deemed acquisition by a trust or corporation of its securities, the trust or corporation would for purposes of Regulation 230(3) be considered to have acquired securities it issued.  ...

A business would not be considered to have commenced if there was no reasonable expectation of profit. ... Therefore such expenditures are considered to be of a capital nature.  ... It is therefore our opinion that the better view is that expenditures relating to the coaching of athletes be considered a current expense and not a capital expenditure. ...

In our opinion the filing of an agreement pursuant to paragraph 78(1)(b) of the Act in respect of an unpaid amount owing by a Canadian resident debtor to a non-resident creditor residing in a country with which Canada does not have a tax treaty would not in and of itself result in the non-resident creditor being considered to carry on business in Canada. The opinion expressed herein is not an advance income tax ruling and, in accordance with paragraph 21 of information Circular No. 70-6R2 dated September 28, 1990, is not considered binding on the Department. ...

The limited liability companies in the two cases that we have reviewed, Wyoming and Florida, would be considered corporations rather than partnerships. Where the U.S. limited liability company is considered a corporation for purposes of the Act and is a foreign affiliate pursuant to paragraph 95(1)(d) of the Act, a computation of its surplus accounts for purpose of the foreign affiliate regulations will be done in a manner similar to that of any other foreign affiliate. However, if any limited liability company is treated as a partnership for the purposes of the Internal Revenue Code (the Code) such that the shareholders ("partners") rather than the company are liable to tax under the Code on the income of the company, such company will not be considered to be a resident of the U.S. under paragraph 1 of Article 4 of the Canada-U.S. ...

It is our opinion that as long as the amount is paid after the employee has left his employment, the sum of money in lieu of the month's notice will be considered a retiring allowance. 3.     As Interpretation Bulletin IT-337R2 states, a payment will be considered a retiring allowance if it is in recognition of long service or in respect of loss of an office or employment. ... These constitute the payments that will be considered as retiring allowances. 4.      ...

Does the Department of National Revenue think that the partners' activities were sufficiently developed for them not to be considered as specified members? ... Based on the facts described above, it seems to us that the members' activities do not meet the criteria mentioned earlier and accordingly they would be considered "specified members". ... In your memorandum you mentioned that if XXXXXXXXXX and the other partner (XXXXXXXXXX) are considered to be specified members there would be no active partners and the ITC on the eligible SR&ED will not be available to either partner. ...

Whether a peat business would be considered farming under subsection 248(1) of the Act. 2.      ... In answer to your first question we should point out that whether a particular business operation is considered to be the carrying on of a farming business is a question of fact that can only be determined after a review of all of the related facts at a particular time.  ... Generally, the harvesting of peat is considered to be more in the nature of mining than of farming.  ...