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Archived CRA website

ARCHIVED - Options on Real Estate

In normal circumstances involving lease-option agreements where a true lease exists, a reasonable rental paid prior to the exercise of the purchase option by the lessee is considered to be rental expense to the lessee and income to the lessor, even where a rebate or discount on the purchase price is given at the time the option to purchase is exercised for a portion of the previous rentals paid. ... The grantee on the other hand is considered to have disposed of an option and any resulting gain or loss is subject to the capital gains or loss rules. ... Generally, the benefit is considered to be the amount by which the full fair market value of the property at the time the option is exercised exceeds the sum of the amount paid for the option and the exercise price. ...
Archived CRA website

ARCHIVED - Rental of Real Property by Individual

The operator of a rooming or lodging house, hotel or motel would normally be considered to be carrying on a business where, in addition to the basic services that relate to the operation and maintenance of the property as described in 5, extra services such as the supply of cleaning and maid services, linens, washroom supplies, dining facilities, etc., are provided for the convenience and comfort of guests. The operator of a trailer court or campground where services such as laundromat, cafeteria, swimming pool, washrooms, showers, playground, etc., are provided would also be considered to be carrying on a business. ... Whether the renting of real property by an individual is a business or not, the depreciable property may be considered to be a 'rental property' or a 'leasing property' for the purposes of the capital cost allowance restrictions contained in subsection 1100(11) or 1100(15) of the Regulations. ...
Archived CRA website

ARCHIVED - 5013-g-05 - General Income Tax and Benefit Guide for Non-Residents and Deemed Residents of Canada - 2001

Note If you were a resident (including a deemed resident) of Canada in 2001 but, under a tax treaty, you were considered a resident of another country, you may be a deemed non-resident of Canada for tax purposes in 2001. ... You were a deemed resident of Canada for tax purposes in 2001 if you did not have residential ties in Canada, but you stayed here for 183 days or more in 2001 and, under a tax treaty, you were not considered a resident of another country. ... If so, though we may consider you to be a deemed resident of Canada, under Quebec law you may also be considered a deemed resident of that province. ...
Archived CRA website

ARCHIVED - Guide for Non-Residents and Deemed Residents of Canada - 2000

Note If you were a resident (including a deemed resident) of Canada in 2000 but, under a tax treaty, you were considered a resident of another country, you may be a deemed non-resident of Canada for tax purposes in 2000. ... You were a deemed resident of Canada for tax purposes in 2000 if you did not have residential ties in Canada, but you stayed here for 183 days or more in 2000 and, under a tax treaty, you were not considered a resident of another country. ... If so, though we may consider you to be a deemed resident of Canada, under Quebec law you may also be considered a deemed resident of that province. ...
Archived CRA website

ARCHIVED - General Income Tax and Benefit Guide for Non-Residents and Deemed Residents of Canada - 2001

Note If you were a resident (including a deemed resident) of Canada in 2001 but, under a tax treaty, you were considered a resident of another country, you may be a deemed non-resident of Canada for tax purposes in 2001. ... You were a deemed resident of Canada for tax purposes in 2001 if you did not have residential ties in Canada, but you stayed here for 183 days or more in 2001 and, under a tax treaty, you were not considered a resident of another country. ... If so, though we may consider you to be a deemed resident of Canada, under Quebec law you may also be considered a deemed resident of that province. ...
Archived CRA website

ARCHIVED - General Income Tax and Benefit Guide for Non-Residents and Deemed Residents of Canada 2000

Note If you were a resident (including a deemed resident) of Canada in 2000 but, under a tax treaty, you were considered a resident of another country, you may be a deemed non-resident of Canada for tax purposes in 2000. ... You were a deemed resident of Canada for tax purposes in 2000 if you did not have residential ties in Canada, but you stayed here for 183 days or more in 2000 and, under a tax treaty, you were not considered a resident of another country. ... If so, though we may consider you to be a deemed resident of Canada, under Quebec law you may also be considered a deemed resident of that province. ...
Archived CRA website

ARCHIVED - Gifts by Individuals of Life Insurance Policies as Charitable Donation

A gift by an individual of a life insurance policy (both "whole life" and "term life") to a registered charity or any other donee described in any of paragraphs (a) to (g) of the definition of "total charitable gifts" in subsection 118.1(1) of the Income Tax Act is considered to be a charitable gift within the context of that subsection. ... If the premiums on the policy are paid directly to the insurance company at the request of, or with the concurrence of, the donee, this action is considered to be constructive payment of a donation to the donee and therefore a charitable gift for the purposes of the Act. ... For the purpose of subsection 148(1), it is considered that the donor's proceeds of disposition of the life insurance policy will be the value of the policy at the time of the assignment (see 3 above). ...
Archived CRA website

ARCHIVED - Rental of Real Property by Individual

The operator of a rooming or lodging house, hotel or motel would normally be considered to be carrying on a business where, in addition to the basic services that relate to the operation and maintenance of the property as described in 5, extra services such as the supply of cleaning and maid services, linens, washroom supplies, dining facilities, etc., are provided for the convenience and comfort of guests. The operator of a trailer court or campground where services such as laundromat, cafeteria, swimming pool, washrooms, showers, playground, etc., are provided would also be considered to be carrying on a business. ... Whether the renting of real property by an individual is a business or not, the depreciable property may be considered to be a 'rental property' or a 'leasing property' for the purposes of the capital cost allowance restrictions contained in subsection 1100(11) or 1100(15) of the Regulations. ...
Archived CRA website

ARCHIVED - Options on Real Estate

In normal circumstances involving lease-option agreements where a true lease exists, a reasonable rental paid prior to the exercise of the purchase option by the lessee is considered to be rental expense to the lessee and income to the lessor, even where a rebate or discount on the purchase price is given at the time the option to purchase is exercised for a portion of the previous rentals paid. ... The grantee on the other hand is considered to have disposed of an option and any resulting gain or loss is subject to the capital gains or loss rules. ... Generally, the benefit is considered to be the amount by which the full fair market value of the property at the time the option is exercised exceeds the sum of the amount paid for the option and the exercise price. ...
Archived CRA website

ARCHIVED - Lawyers' trust accounts and disbursements

The following rules are considered applicable to all lawyers in practice who maintain trust accounts. 2. With the exception of advances which the lawyer is entitled to treat as his or her funds by specific agreement with the client and retainers which the lawyer is entitled to keep whether or not services are rendered or disbursements are made, advances received from a client for services to be rendered or disbursements to be made are considered to be trust funds and are not income at the time of receipt. ... Disbursements that a lawyer customarily makes in the ordinary course of practice which are not chargeable directly to funds advanced by clients are considered to be the lawyer's own expenses which may or may not be recoverable from the clients through regular billings. ...

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