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What types of equipment are considered to be qualified construction equipment? ... If the concrete mixers and stone slinger are considered to be qualified construction equipment by the Judge, will that property and the related labour costs of the drivers also be considered to be manufacturing and processing capital and labour for the purpose of section 5202 of the Regulations. ... Consequently, the activity of unloading the concrete from the concrete mixer would be considered the delivery of finished goods. 8. ...

In our view an acquisition could be considered to be in contemplation of a Purchase Butterfly, even though the particular assets to be transferred or the identity of the purchaser had not been determined at the time of the acquisitions. (2) We agree that acquisitions made in the ordinary course of business would not be considered to be in contemplation of a Purchase Butterfly. ... We disagree with your suggestion that an acquisition of an asset that is not itself transferred on a Purchase Butterfly could not be considered to be made in contemplation of such Purchase Butterfly. For example, if an asset were acquired to enable 24(1) to transfer another asset on a Purchase Butterfly, the acquisition could be considered to have been made in contemplation of the Purchase Butterfly. (4) We disagree with your suggestion that an acquisition that does not achieve a material tax benefit cannot be considered to have been made in contemplation of a Purchase Butterfly. ...

27 February 2024 External T.I. 2024-1006681E5- Arrangements subject to trust reporting French version at 2024-1006721E5 F Unedited CRA Tags 150(1)(c); 150(1.1); 150(1.2); 150(1.3); 104(1) Principal Issues: Whether an arrangement under which a person can reasonably be considered to act as agent for another person with respect to all dealings with certain property, without the arrangement being a trust or giving rise to the creation of a trust under the applicable private law, is considered to be a trust for the purposes of section 150 for taxation years ending after December 30, 2023. ... (“Act”) would apply to the arrangement, such that it would be considered to be a trust for purposes of section 150. ... Accordingly, the arrangement is considered to be a trust for purposes of section 150, even though it is not considered as such for most other purposes of the Act. ...

Position: No, express consent would not be considered to have been given by a taxpayer in the described scenarios. ... In this regard, it is our view that express consent as provided by subsections 209(3) and (4) of the Regulations would not be considered to be given in the described scenario. ... As such, it is our view that express consent as provided by subsections 209(3) and (4) of the Regulations would not be considered to be given in this scenario. ...

26 May 2015 External T.I. 2015-0565961E5- Reasonable Motor Vehicle Allowances CRA Tags 8(1)(h.1) 6(1)(b)(x) 6(1)(b)(vii.1) Principal Issues: Whether a per-kilometre allowance that exceeds the amounts prescribed by Regulation is considered reasonable? ... Generally, a per-kilometre rate that is designed to cover an employee's out-of-pocket costs for the use of the motor vehicle during the course of performing the duties of employment is considered reasonable. ... However, where an employee receives a flat rate motor vehicle allowance that is not based solely on the number of kilometers driven (e.g., a per-trip amount), the allowance would not be considered reasonable for purposes of subparagraphs 6(1)(b)(v), (vi), and (vii.1) of the Act, and must be included in income. ...

It is highlighted however, that these factors were not considered in isolation and were applied in the context of all the facts and circumstances. ... These factors were not considered in isolation and were applied in the context of all the facts and circumstances of each particular case to determine whether the US business activities can be reasonably viewed as substantial in relation to the activities carried on in Canada. ... In addition, the US business has been equal to, or larger than, the Canadian operations in the majority of situations considered. ...

A settlement payment received as compensation for loss of, or damage to, a capital asset, will generally be considered on account of capital and taxable as proceeds of disposition from property. ... The settlement payment in the situation you described would not be considered a windfall as both you and your husband pursued compensation for your losses. ... Any part of the settlement payment that was intended to compensate for investment income, which would have been earned had there been no negligence, would be considered income from property and taxable. ...

Subsection 60.1(3) provides that such payments made in the year of the order or agreement or in the preceding year are deemed to be paid under the order or agreement if the document provides that they are to be so considered. ... The written agreement also indicates that the amounts paid before January 2011 is considered paid and received under this agreement. [Emphasis added] The payments made in 2010 and 2011 are considered support payments because they were paid in the year of the written agreement and the previous year. ...

In our view the interest in P is not considered to have been disposed of for any other purpose including subsections 116(6.1) and 116(3) of the Act. It is noteworthy that NRco is also not considered to have disposed of its interest in P for the purpose of paragraph 2(3)(c) of the Act. ... However, NRco would be considered to have a taxable capital gain for the purposes of clause 150(1)(a)(i)(C) of the Act and would therefore be required to file an income tax return in Canada. ...

X") emigrated from Canada after October 1, 1996, at a time when he owned certain property (the "Property") that was considered TCP. ... Further, you note that, at the time of its actual disposition, the Property is no longer considered TCP as a result of a change in legislation that took effect after the date of Mr. ... X is not considered to be TCP at the time of its actual disposition, as is required under paragraph 128.1(8)(b). ...