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We understand that, to the best of your knowledge and that of the taxpayer involved, none of the issues involved in this ruling request: (i) is in a previously filed tax return of the taxpayer or a related person; (ii) is being considered by a Tax Services Office or Taxation Centre in connection with a previously filed tax return of the taxpayer or a related person; (iii) is under objection by the taxpayer or a related person; (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (v) is the subject of a ruling previously issued by this Directorate. ... The relevant exclusion portion in the definition of Beneficiaries is set forth in the penultimate paragraph of section XXXXXXXXXX of the Trust Deed which provides as follows: Provided, however, that notwithstanding the provisions of this Trust, if at any time and from time to time in a calendar year an individual who would otherwise be a Beneficiary (as defined hereunder) is a United States Person (as such term is hereinafter defined), then such individual shall not be a Beneficiary hereunder for that calendar year and such individual shall have no right or entitlement to be considered for any appointment nor to any distribution of income or capital under any provision of this Trust until such time as such individual shall cease to be a United States Person for a full calendar year. ... For greater certainty, in regards to this letter, the CRA has not considered, confirmed or made any determination in respect of: i) whether the amendment to the Trust Deed, described herein as the Proposed Transaction, will result in the termination of Trust under the laws of the province of XXXXXXXXXX; ii) the tax consequences of any amendments made to the Trust Deed before the date of this letter; iii) whether Article XXXXXXXXXX of the Trust Deed provides the Trustees with the power to complete the Proposed Transaction; and iv) any income tax consequences relating to the facts or Proposed Transaction described herein other than those specifically described in the rulings given above. ...

There are various to be considered in determining whether or not parsons deal with each other at arm's length. ... In such circumstances, the third person is seen as the directing mind of the transaction and the parties will be considered factually not at arm's length with each other and with that third person. •     If more than one person is required to exert control over the other party to a transaction, the persons exerting that control must be acting in concert before a directing mind can be said to exist. Parties will be considered to be acting in concert if they have the same economic interest in achieving a common objective.  ...

We have also considered whether subparagraph 75(2)(a)(i) of the Act has any application in this case. ... Paragraph 1 of IT-111R states that irremovable contributions of capital to a charity in return for immediate guaranteed payments tot he individual for life "are considered to be annuity contracts for purposes of the Income Tax Act".  We could take the administrative position that in this case the trust shall be considered tot be a contract. ...

For greater certainty, for purposes of this distribution: (d) any tax accounts such as the balance of any non-capital losses of the Canada Group or the balance of any RDTOH or CDA of the Canada Group, if any, will not be considered property; (e) advances to related persons (other than as described in (g) below) will be considered cash or near-cash property; (f) DC will be considered to have significant influence over a corporation if it has significant influence over that corporation or over any other corporation that has significant influence over that corporation, or if DC in combination with corporations over which it has significant influence have significant influence over that corporation, and for greater certainty the following corporations have significant influence over the other: i) DC will be considered to have significant influence over all of the entities of the A Co Group and E Co Group; ii) A Co will be considered to have significant influence over B Co, C Co and D Co; iii) B Co will be considered to have significant influence over C Co and D Co; iv) C Co will be considered to have significant influence over D Co; v) E Co will be considered to have significant influence over F Co, G Co and H Co; vi) F Co will be considered to have significant influence over G Co and H Co; vii) G Co will be considered to have significant influence over H Co; viii) Each entity of the A Co Group will be considered to have significant influence over each entity of the E Co Group; and ix) Each entity of the E Co Group will be considered to have significant influence over each entity of the A Co Group; (g) for the purposes of determining the FMV of each type of property of DC, the FMV of the shares of the capital stock of any corporation over which any of the above mentioned corporations has the ability to exercise significant influence and of any indebtedness receivable by any such corporation from a corporation over which it has significant influence will be allocated among the three types of property described above, by multiplying the FMV of the shares of the particular corporation or amount receivable from the particular corporation, as the case may be, by the proportion that the net fair market value of each type of property owned by the particular corporation (as determined in accordance with the methodologies described herein) is of the aggregate net fair market value of all the property owned by such corporation (as determined in accordance with the methodologies described herein); (h) the XXXXXXXXXX Property will be considered to be a business property; (i) the XXXXXXXXXX Lease referred to in Paragraph 73 will be considered to be a business property where the FMV of the XXXXXXXXXX Lease is positive at the time of the Proposed Transactions; and (j) amounts paid in respect of costs capitalized under SAB 101 will not be considered a property as there is no legal right to recover the amount or receive further services. 133. ... For greater certainty, any contingent obligations of DC or the Foreign Subsidiaries will not be considered a liability. ... Any such payments made by DC to TC will be considered to be part of the distribution, as described in paragraph 136, made by DC to TC. ...

For the purposes of determining the types of property: a) The housing loan receivable from XXXXXXXXXX (Shareholder 4) will be considered investment property; b) The XXXXXXXXXX Advances will be considered investment property; c) The XXXXXXXXXX Advances will be considered investment property; d) NISA accounts will be considered business property; and e) shares and reserves in Co-operative organizations from which Distributor purchases goods used in its business (including, for greater certainty, shares and reserves in XXXXXXXXXX) will be classified as business property. ... For the purpose of calculating the net fair market value of the types of property of Distributor; a) deferred taxes will not be considered; b) deferred revenue will be considered to be a liability to the extent that the amount of such deferred revenue gives rise to a legal obligation to repay such amount should the services not be provided or goods not delivered; c) all loans will be considered to be related to business property, and therefore no loans payable will be considered to relate to investment property. These debts have been incurred in support of the purchase of equipment and land; d) RDTOH recovery anticipated from amending the XXXXXXXXXX income tax return will be considered an asset valued at the amount of the estimated recovery; and e) an estimate of income taxes payable on fiscal XXXXXXXXXX income to the date of the distribution will be considered a current liability. ...

We understand that, to the best of your knowledge and that of the taxpayer, none of the issues considered in this advance income tax ruling request is: (i) in an earlier return of the taxpayer or a related person; (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person; (iii) under objection by the taxpayer or a related person; (iv) before the courts, or if a judgment has been issued, the time limit for appeal to a higher court has not expired; or (v) the subject of a ruling previously considered by the Directorate. ... Ruling Given Provided that the preceding statements constitute a complete and accurate disclosure of all the relevant facts, proposed transactions and the purpose of the proposed transactions, and provided further that the proposed transactions are completed in the manner described above and there are no other transactions that may be relevant to the ruling given, our ruling is as follows: The acquisition and holding of solar photovoltaic systems, as described in paragraph 8, by LP would be considered, if LP were a trust, property described in subparagraph 122.1(1)(b)(ii) of the definition of "real or immovable property". Opinion It is our opinion, subject to the caveats noted below, that the Guaranteed Amounts described in paragraph 10 that will be received by LP under the FIT Program would be considered, if LP were a trust, revenues for purposes of the tests in paragraphs 122.1(1)(b) and (c) of the definition of "real estate investment trust". ...

The remainder of the proposed transactions described in your advance income tax ruling request will be considered in the context of a separate advance income tax ruling request. ... In accordance with the comments contained in paragraph 3 of Interpretation Bulletin IT-392, DC will be considered to have a capital stock of 100 issued shares. At the time of DC's formation, the number of shares that Parent and Subco will each be considered to own will be proportional to their beneficial interest in DC at that time. ...

We understand that, to the best of your knowledge and that of Canco, none of the issues involved in this ruling request: (i) is in an earlier return of Canco or a related person, (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of Canco or a related person, (iii) is under objection by Canco or a related person, or (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired. ... Since the Joint Venture is considered to be a corporation for the purposes of the Act, and since the ownership of the Joint Venture is not divided into "shares", the CRA's position in Interpretation Bulletin IT-392, that the foreign business entity is viewed as having a capital stock of 100 issued shares and each owner of a beneficial interest in the foreign business entity is considered to own that number of shares that is proportionate to their beneficial interest in the foreign business entity, will apply to the Joint Venture. Accordingly, for the purposes of the foreign affiliate provisions of the Act, the Joint Venture would be considered to have capital stock of 100 shares and the Taxpayer, by virtue of its XXXXXXXXXX% beneficial interest in the Joint Venture, would be considered to own XXXXXXXXXX of such shares. ...

Whether the implementation of the New Plan will cause the New Plan to be considered an EBP, an ET, an RCA or an SDA pursuant to subsection 248(1). 2. ... The implementation of the New Plan will not, in and by itself, cause the New Plan to be considered an EBP, an ET, an RCA or an SDA pursuant to subsection 248(1) of the Act. ... The New Plan will be considered a PHSP as defined in subsection 248(1) of the Act. ...

We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in the requested rulings is being considered by a district office or a taxation centre in connection with a tax return already filed, or is under objection or appeal. ... B.For the purposes of determining the ACB of a common share of XXXXXXXXXX, a share of any one of the XXXXXXXXXX different classes will only be considered to be identical to another share of that class and will not be considered to be identical to a share of any of the other XXXXXXXXXX classes of XXXXXXXXXX common shares. ... I.Control of XXXXXXXXXX will not be considered to have been acquired as a result of the Proposed Transactions. ...