Search - considered

Are the duties performed by project staff working at the employer’s various project work sites considered “'temporary” for purposes of subparagraph 6(6)(a)(i) of the Act? ... Paragraph 14 of IT-91R4 explains that for a particular work location to be considered to be remote from an established community, the following factors are considered: the availability of transportation; the distance from an established community; and the time required to travel that distance. ... A residence is considered to be an SCDE if it is a living unit with restricted access that contains a kitchen, bathroom and sleeping facilities. ...

Position: The international students would generally be considered to be non-residents of Canada, whom are not in full time attendance at a Canadian university. ... The amounts received by the students would therefore be considered to be scholarships, bursaries or research grants as opposed to employment income. ... If the primary purpose of the payment is to carry out research, then the amount may be considered to be a research grant. ...

A single member LLC created pursuant to the laws of the U.S. which is treated as a disregarded entity for U.S. tax purposes is not considered to be a resident of the U.S. under paragraph 1 of Article IV of the Treaty. ... Under paragraph 6 of Article IV, an amount of income, profit or gain is considered to be derived by a resident of the U.S. if 1) the person is considered under U.S. taxation law to have derived the amount through an entity (other than an entity that is a resident of Canada), and 2) by reason of that entity being considered fiscally transparent under U.S. tax laws, the treatment of the amount under U.S. tax laws is the same as its treatment would be if that amount had been derived directly by that person. ... However, if, as a result of paragraph 7 of Article IV of the Treaty, a person who is a resident of the U.S. is not considered to have derived or received an amount of income, profit or gain, that person shall not be entitled to the benefits of the Treaty with respect to such amount. ...

Position: 1.Section 43.1 would not apply. 2.A benefit would be considered to have been conferred on the shareholders if the corporation retains a life interest pur autre vie. ... The elected amount would be considered as both the proceeds of disposition and the amount of the gift of the remainder interest. ... Further, in order for a donation to be considered a gift, it must be made without conditions, from detached and disinterested generosity, out of affection, respect, charity or like impulses. ...

As the taxpayer’s mother lived in Canada in 1998 for more than 183 days, (if she is not a factual resident throughout this period), she would be considered to be a deemed resident of Canada for 1998. ... However, in any particular case, there may be other factors that need to be considered in determining the status of the person providing child care services. ...

The undivided interest of each co-owner in such a situation cannot be considered "principally" used in the business of farming. ... You have submitted extensive representations on the issue of whether rights may be considered property for the purposes of the Act. ... Finally, a property is considered to be used principally in the business of farming if more than 50% of its use is in that business. ...

Principal Issues: (1) Whether shares must be held for a minimum period of time to be considered QSBCS under ss. 110.6(1). (2) Whether such period begins at the time the corporation is created or at the time an active business commences. (3) When is a corporation considered to be carrying on a business. (4) Where overburden is sold in order to access gravel deposits as part of preparing a site for production, would the proceeds be considered on account of income or capital. (5) If on account of capital, can the proceeds be applied to reduce the cost of the property. ... With respect to the latter issue, you ask what activities can be considered business operations where a newly created corporation does not begin to carry on an active business immediately upon its incorporation. ... In that context, what is considered business operations is a question of fact. ...

Scenario 2: (4) Are cash and near cash assets required to be held by a construction company considered to be assets used principally in an active business? ... Cash or near cash property is considered to be used principally in the business if its withdrawal would destabilise the business. 3. ... Cash balances which accumulate and are then depleted in accordance with the annual seasonal fluctuations of an ongoing business will generally be considered to be used in the business but a permanent balance in excess of the company's reasonable working capital needs will generally not be considered to be so used. 5. ...

That is, for the purposes of the Flipped Property Rules, the parent (Corporation B) is not considered to have owned the property for the period of time the property was owned by the subsidiary (Corporation A). ... As a result, the Property could be considered a flipped property under subsection 12(13) of the Act and the flipped property deeming rule in subsection 12(12) of the Act could apply, provided all other conditions are met. ... If Corporation B subsequently disposed of the Property on December 1 of the same year, that is within 365 days of acquiring it from Corporation A, the Property could be considered a flipped property under subsection 12(13) of the Act. ...

24 September 2012 External T.I. 2012-0455741E5- AIM of the London Stock Exchange CRA Tags 248(1) "recognized stock exchange" 248(1) "designated stock exchange" 262 Principal Issues: Is AIM considered a “recognized stock exchange” as defined under subsection 248(1) of the Income Tax Act? ... Given that AIM is located in the UK (a member of the OECD which has a tax treaty with Canada), the only remaining question is whether AIM is considered to be a ‘stock exchange’. ... Given that AIM is a market which allows for the organized purchase and sale of securities and it is considered to be a multilateral trading facility under UK law, it is our view that AIM would be considered a stock exchange for purposes of the Act and therefore a “recognized stock exchange” under paragraph 248(1)(b) of the Act. ...