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It is your view that this subparagraph of the Act would limit the taxpayer's application of net capital losses for the purpose of Division E.1 to the lessor of; a)     24(1) the amount which in your view can reasonably be considered to be the amount the taxpayer would have deducted under paragraph 111(1)(b) has paragraph 127.52(1)(d) been applicable in computing that amount, and b)     24(1) the amount which in your view would otherwise be notionally deductible by the taxpayer had paragraph 11(8)(a) of the Act been computed without reference to any fraction for a taxation year commencing after 1985. ...

For example, the following would be considered to be "inducements" and have to be added back to income under paragraph 12(1)(x) of the Act: a)     The Federal small business deduction, as it is an "inducement" to start a small business in Canada. b)     The manufacturing and processing profits deduction, as it is an "inducement" to start a manufacturing and processing business in Canada. c)     The difference between the higher provincial rates large corporations and the lower rates on income subject to the small business deduction, as the difference is an "inducement" to operate a small business.       ...

We have also considered whether fees paid by a resident of a senior's residence can qualify as medical expenses under paragraph 118.2(2)(e) of the Act.  ...

Furthermore, in the event such payments could otherwise be considered proceeds of disposition from the sale of an intangible asset, the definition of royalties in paragraph 4 states "notwithstanding the provisions of Article XIII (Gains), includes gains from the alienation of any intangible property or rights described in this paragraph to the extent that such gains are contingent on the productivity, use  or subsequent disposition of such property or rights". ...

Evanson Canadian Resource Property- Partnership Interests This is in reply to your memorandum of July 21, 1992 in which you requested our views on your draft memorandum to the Calgary District Office in connection with 24(1) During your recent discussion with Jim Gauvreau, it was agreed that it is not necessary for us to comment on your draft memorandum; instead, we would address the principal issue which concerns whether an interest in a partnership should be considered as a Canadian resource property for purposes of the successor rules. ...

Attorney General for Ontario, (1966) 1 O.R. 345:... the Ontario Court of Appeal considered whether the tax imposed by section 4 of the Mining Tax Act, R.S.O. 1950, chapter 237 was ultra vires the Province as not being "direct" as it must be to fall within the taxing authority conferred on the Province by section 92 of the British North America Act. ... Constitutional validity of the OMT has been considered and the Ontario Court of Appeals has held the OMT to be a "direct tax" in the Canadian sense. ... In the above-noted U.S. jurisprudence, OMT did not qualify for foreign tax credit for U.S. tax purposes because under strict interpretation of s. 901 of I.R.C., such tax was not considered to be income tax in the United States sense, even though the U.S. court recognized the importance of the decision of the Canadian Court of Appeal in the case of Nickel Rim Mines, Ltd.- OMT was a profit or income tax in the Canadian sense. ...

Where the government agency then pays that individual an amount based on a means, needs or income test, the amount so received is then considered to be social assistance, which is effectively non-taxable by reason of the offsetting deduction in computing taxable income permitted under paragraph 110(1)(f) of the Act. ...

The Department would normally become involved only after the fact and only if it considered the value assigned to a property to be unreasonable in the circumstances. ...

Regardless, any withholding by the insurer does not represent a definitive tax, rather the withholding is considered as a payment on account of the non-resident's overall tax liability. ...

Under the common law test of residence corporations are generally considered to be resident in Canada if their mind, management and control is in Canada. ...