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XXXXXXXXXX I also understand that the Department previously considered this matter and gave the opinion that such contributions would not qualify as a gift since each owner has the potential of receiving a considerable benefit for his or her contribution; XXXXXXXXXX. ... In order for an expenditure to be considered a gift, it must be made without conditions, from detached and disinterested generosity, out of affection, respect, or charity or like impulses, and not from the constraining forces of any moral or legal duty. ... This is a subjective test and each claim has to be considered on its own merits. ...

Where an organization asserts that it satisfies the residence requirement because it holds its board of directors meetings on reserve, it will generally be considered to satisfy the residence criteria where management and control over the organization is legitimately exercised during those meetings. In addition, the fact that the board of directors meetings may be held on different reserves would not, in and by itself, cause an organization not to be considered resident on a reserve. In our view, in a situation where the board of directors meets regularly on a reserve, albeit different reserves, and decisions are made at these meetings which direct an organization's operations, such an organization would generally be considered resident on a reserve. ...

As a result, no gain or loss is recognized on the transfer of assets to a bare trust; however, as stated in the attached copy of Income Tax Technical News No.7, under the heading Bare Trusts, the transferor would continue to be considered the owner of the property for all purposes related to income tax. The information contained under the headings Revocable Living Trusts, Protective Trusts and Bare Trusts sets out the criteria to be considered in determining whether a change in beneficial ownership has occurred upon the transfer of assets to a trust. ... Under the 21-year rule, certain trusts are considered to have disposed of all their assets on the dates specified in the Act for an amount equal to their fair market value at that time and to have reacquired them for the same amount. ...

The income tax treatment of the award depends on whether the amount is considered, for income tax purposes as a research grant or as a scholarship or bursary.  We have reviewed the information brochures you submitted entitled "CIDA Awards for Canadians 1990-1991- Long Term Awards" and "CIDA Professional Awards- networking for the Future" and concluded that, based on the general information provided therein, these awards would not normally be in the nature of research grants as explained in paragraph 18 on the attached Interpretation Bulletin IT-75R2 "Scholarships, Fellowships, Bursaries, Prizes, and Research Grants" and Special Release thereto, an award will only be considered to be a research grant where the terms of the specific grant or award establish that the primary purpose of the award is to carry out research rather than to further the recipient's training or education.  ... Where the recipient of the award sets up a temporary residence in the host country to carry out the work specified in the award, the amount expended for meals and lodging in that place would typically not be considered travelling expenses and would thus not be deductible as a research expense. ...

Under subsection 256(5.1) of the Act, Holdco may be considered to be "controlled, directly or indirectly in any manner whatever" by Mr. ... It is the Department's view that persons will be considered as having collectively acquired control of a corporation where there is evidence that they have a common link or interest or they act together to control the corporation.  ... The comments expressed are not advance income tax rulings and are not considered binding on the Department in respect of any taxpayers, in accordance with paragraph 24 of Information Circular 70-6R dated December 18, 1978. ...

Where a bank account is considered to be situated at a location on reserve, this is one factor to weigh in determining whether interest earned on deposits in that account is exempt from taxation. ... Her Majesty the Queen (96 DTC 1520), the Tax Court of Canada considered the taxability of income earned by an Indian living on reserve, from investments purchased from an on reserve branch of a bank. ... Whether income earned on these monies is exempt or taxable depends on the facts of any particular situation, including whether the monies are held in a trust, and, if so, the allocation of trust income and whether the Band is considered exempt under paragraph 149(1)(c) of the Income Tax Act as a public body performing a function of government. ...

If a court order is varied after April 1997 to change the child support amount payable by your constituent or if a new court order is made after April 1997, the effect of which is to change the total child support amount payable by your constituent, the court order will be considered to have a commencement day and the new rules will apply. ... Under certain circumstances, the retroactive provisions in the Act can cause a written agreement or court order that was made after April 1997 to be considered to be made prior to May 1997, and therefore all child support payments provided thereunder may be subject to the old rules. ... Accordingly, any changes to tax policy or amendments to the legislation would have to be considered by that department. ...

In addition, in the Department's view, where an Indian organization is a non-share corporation, it is generally considered to be controlled by its board of directors. ... The central management and control of an organization is usually considered to be exercised by the group that performs the function of a board of directors of the organization. ... Nevertheless, in our view, in a situation where the board of directors holds meetings on a reserve, at which decisions are made which direct an organization's operations, such an organization would generally be considered to be resident on a reserve. ...

For the purposes of calculating a taxpayer’s capital gain, or loss, from the disposition of shares of a merging foreign corporation in exchange for shares of the merged corporation, the taxpayer generally will be considered to have received proceeds of disposition equal to the fair market value of the merged corporation shares received on the exchange. ... Since tax policy issues and amendments to the Act are the responsibility of the Department of Finance, any changes would have to be considered by that Department. ...

You state that you are aware that amounts received in respect of a fellowship are not generally considered earned income for RRSP purposes. ... However, if a fellowship award is considered a research grant that is included in income under paragraph 56(1)(o) of the Act, the fellowship award would be included in earned income for RRSP purposes. ...