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2 December 2015 External T.I. 2015-0619501E5- Definition of farming CRA Tags 248(1) Principal Issues: Whether activities such as raising/breeding parrots for pet trade would be considered farming. ... Accordingly, the ordinary definition of farming is somewhat fluid and the particular activities undertaken by a taxpayer would normally have to be considered on a case-by-case basis. ... Therefore, in your particular situation, it is our view that a parrot breeding business would not be considered a farming business. ...

7 January 2011 External T.I. 2009-0348381E5- TFSA Withdrawal Fee Unedited CRA Tags 146.2(1) Principal Issues: Whether a withdrawal fee charged to a TFSA arrangement per withdrawal transaction will be considered a distribution as defined in subsection 146.2(1)? ... You asked if only $4,999.25 would be considered a "distribution". ... Where there is a service charge for withdrawing funds from a TFSA, this service charge is considered a cost to the TFSA and should be paid with funds held within the TFSA. ...

Principal Issues: Whether treaty benefits flow through to partners of an LLC Position: No Reasons: An LLC is not considered a flow-through entity. 1997 Tax Executives Institute Conference Question XVII U.S. ... Moreover, the Department is of the view that a LLC that is a corporation would be considered resident in the United States for the purposes of the Act, if its mind and management resides in the United States. ... Where based on its attributes a LLC is considered to be a corporation, the LLC is considered to have a legal personality and existence that is distinct from the persons who caused its creation or who own it. ...

Principal Issues: Whether treaty benefits flow through to partners of an LLC Position: No Reasons: An LLC is not considered a flow-through entity. 1997 Tax Executives Institute Conference Question XVII U.S. ... Moreover, the Department is of the view that a LLC that is a corporation would be considered resident in the United States for the purposes of the Act, if its mind and management resides in the United States. ... Where based on its attributes a LLC is considered to be a corporation, the LLC is considered to have a legal personality and existence that is distinct from the persons who caused its creation or who own it. ...

In our view that it is necessary to satisfy the conditions in only one of paragraphs 251(2)(b) or 60(j.1)(iv) in order for two employers to be considered "related" at law for purposes of paragraph 60(j.1) of the Act. ... Employment with various Federal Departments, Agencies or Crown Corporations is considered to be a single employment since the employer in each case would be the Treasury Board of Canada. As consequence, Employment with the Bank of Canada as well as the R.C.M.P. is considered to be a single employment since they are ultimately controlled by the Government of Canada. ...

Pursuant to our telephone conversation of November 23, 1994 (XXXXXXXXXX/Leung), you subsequently requested us to provide an opinion as to whether a limitada would be considered to be a corporation for the purposes of the Income Tax Act (the "Act"). ... In accordance with Interpretation Bulletin IT-392, each class of interest holding (rights, participation units or quotas) in the limitada would be considered to comprise of a single class of capital stock of the limitada consisting of 100 issued shares and each owner of a beneficial interest in each class of holding in the limitada is then considered to own a number of shares proportionate to his beneficial interest in that particular class of holding. Each amount distributed on account of profits by the limitada to its owners will be considered dividends for the purpose of the Act and the regulations made thereunder. ...

Principal Issues: 1)Would a granddaughter-in-law be considered a child for purposes of subsection 70(9) and 70(9.2) 2)Would she still be considered a child if grandson predeceases taxpayer Position: 1)Yes 2)No as she would no longer be a spouse of grandson and would no longer meet the extended definition of child pursuant to 252(4) Reasons: XXXXXXXXXX 5-962469 Attention: XXXXXXXXXX October 17, 1996 Dear Sirs: Re: Technical Interpretation of paragraph 252(1)(e) and subsections 70(9) and 70(9.2) of the Income Tax Act This is in reply to your letter of July 9, 1996 in which you request a technical interpretation regarding the transfer of farmland under subsection 70(9) of the Income Tax Act (the "Act") and/or shares in a family farm corporation under subsection 70(9.2) of the Act. ... Accordingly, for the purposes of section 70, it is our view that a granddaughter-in-law would be considered a child of a taxpayer. ... Accordingly, if the grandson predeceases the taxpayer, the granddaughter-in-law would not be considered a child of the taxpayer. ...

To be included in the determination of the C.D.A. of a corporation the proceeds must be considered to be received by the corporation. If the amounts are received by a trust, other than a bare trust, and then distributed to the corporation, they are not considered to be insurance proceeds, rather they are a distribution from a trust. ... Also, if amounts are received by an agent of the corporation or trustee of a bare trust, of which the corporation is the settlor and beneficiary, the amounts would be considered to be received by the corporation. ...

Principal Issues: Would two individuals that are trustees of two diffenet trusts be considered, as co-trustees, the same person for the purposes of paragraph 256(1.2)(c) of the Act? Position TAKEN: Yes Reasons FOR POSITION TAKEN: If they were not considered the same person then there would not be a need for 256(4) of the Act. 951064 XXXXXXXXXX M.P. ... Since subsection 104(1) of the Act provides that for purposes of the Act a reference to a trust is to be read as a reference to the trustee, it is our view that the co-trustees of the trust are considered to own the shares held by the trust for the purposes of paragraph 256(1.2)(c). ...