Search - considered

A gain arising on the sale of real estate will be considered to be business income, property income or a capital gain. ... This definition can cause an isolated transaction involving real estate to be considered a business transaction. ... However, in making such determinations, the courts have considered factors such as those listed below: (The list is not intended to be exclusive of any other factor.) ...

This definition of "structure" was considered by the Supreme Court of Canada in British Columbia Forest Products Ltd v. ... A building made of logs is considered to be a building of logs regardless of its framework (if any). 14. ... Where the purported lease of component parts is considered to be a sale, (see the current version of IT-233), component parts are considered to be owned by the lessee and are included in the same class as the building or other structure. ...

In applying the test in 15(b) above, all of the taxation years during which the debt or obligation was outstanding must be considered. ... However, in such circumstances, section 80 is considered not to be applicable. 24. ... Where the terms of a government loan include a forgiveness feature contingent upon the happening of an event that is considered remote at the time the loan is negotiated, the provisions of subsection 13(7.1) and paragraph 53(2)(k) with respect to "forgivable loans" are not considered applicable. ...

Attachments to a pipeline that are not considered to be an integral part of the pipeline are included in another class—such as Class 1(n), (o), or (p); or Class 8(i). ... Where an attachment to a pipeline is not an integral and component part of the pipeline, it is considered to be separate equipment from that of the pipeline (a "pipeline appendage"). ... A lump sum one-time payment for damages to crops or property is generally considered to be part of the capital cost of a pipeline. ...

However, an amount which can reasonably be considered to be income from employment rather than an award of damages will not be excluded from income. ... Awards Not Considered to be Annuities 3. An award of damages for personal injury or death that decrees that it be paid in periodic payments is not, despite such periodic payments, considered to be an annuity contract for the purposes of subsections 12.2(3) and 56(1) and the periodic payments themselves are not considered to be annuity payments. ... If the receipt relates to the loss of an income-producing asset, it will be considered to be a capital receipt; on the other hand, if it is compensation for the loss of income, it will constitute business income. ...

For example, a request made in 2006 must relate to the 1996 or a subsequent tax year to be considered. ... If, under a tax treaty, you are considered to be a resident of another country, this may not apply. ... If you stayed in Canada for 183 days or more in 2005, you did not establish significant residential ties (see previous section) with Canada, and, under a tax treaty, you were not considered a resident of another country, you will be considered a deemed resident of Canada. ...

In applying the test in 15(b) above, all of the taxation years during which the debt or obligation was outstanding must be considered. ... However, in such circumstances, section 80 is considered not to be applicable. 24. ... Where the terms of a government loan include a forgiveness feature contingent upon the happening of an event that is considered remote at the time the loan is negotiated, the provisions of subsection 13(7.1) and paragraph 53(2)(k) with respect to "forgivable loans" are not considered applicable. ...

This definition of "structure" was considered by the Supreme Court of Canada in British Columbia Forest Products Ltd v. ... A building made of logs is considered to be a building of logs regardless of its framework (if any). 14. ... Where the purported lease of component parts is considered to be a sale, (see the current version of IT-233), component parts are considered to be owned by the lessee and are included in the same class as the building or other structure. ...

However, an amount which can reasonably be considered to be income from employment rather than an award of damages will not be excluded from income. ... Awards Not Considered to be Annuities 3. An award of damages for personal injury or death that decrees that it be paid in periodic payments is not, despite such periodic payments, considered to be an annuity contract for the purposes of subsections 12.2(3) and 56(1) and the periodic payments themselves are not considered to be annuity payments. ... If the receipt relates to the loss of an income-producing asset, it will be considered to be a capital receipt; on the other hand, if it is compensation for the loss of income, it will constitute business income. ...

For example, a request made in 2006 must relate to the 1996 or a subsequent tax year to be considered. ... If, under a tax treaty, you are considered to be a resident of another country, this may not apply. ... If you stayed in Canada for 183 days or more in 2005, you did not establish significant residential ties (see previous section) with Canada, and, under a tax treaty, you were not considered a resident of another country, you will be considered a deemed resident of Canada. ...