Search - considered

Is the deceased's estate considered to be a contributor to the child's trust or is the only contributor the deceased himself? ... Accordingly, the deceased's estate will be considered to be a contributor to the child's trust. ... Therefore, in the given instance, the deceased is also considered to be a contributor to the child's trust. ...

In general, travel between an employee's home and regular place of employment (“RPE”) is considered personal. ... While it is always a question of fact whether a particular location is considered a RPE for an employee, it is the view of the Canada Revenue Agency that a particular location may be considered a RPE even though the employee may only report to work at that particular location on a periodic basis (e.g., once or twice a month) during the year. ... Where an employee (as required by the employer or with the employer's concurrence) proceeds directly from home to a point of call other than the employee's RPE, or returns home from such a point, such travel is generally considered employment-related. ...

Our Comments When considering the deductibility of travel expenses or motor vehicle expenses under paragraphs 8(1)(h) and (h.1) of the Act, one of the factors that must be considered is whether the employee’s place of work is considered to be his or her “regular place of employment.” It is the position of the Canada Revenue Agency (the “CRA”) that the cost of travelling between an employee’s home and the place where he or she regularly reports for work is personal and would not be considered travelling in the course of employment. ... Generally, it is the view of the CRA that any location to which an employee regularly reports for work or performs the duties of the office or employment is considered to be a regular place of employment. ...

To the extent that a taxpayer, in order to acquire a property as a residence, is required because of such a law or regulation to acquire land that exceeds one-half hectare, the land that must be so acquired is generally considered to be necessary for the use and enjoyment of the housing unit as a residence throughout the period that the property is continuously owned by the taxpayer after the acquisition date...... where any portion of the land in excess of one-half hectare is not used for residential purposes but rather for income-producing purposes, such portion is usually not considered to be necessary for the use and enjoyment of the housing unit as a residence. ... If the taxpayer then subdivides the excess land, it will be considered to have been necessary until the time of its subdivision. ... The severed lots would be considered to have been necessary until the time of the severing. ...

Where the ATTC is received in respect of SR&ED activities, the ATTC is considered government assistance. ... Whether assistance can reasonably be considered to be in respect of SR&ED is a question of fact to be determined on a case-by-case basis. ... Where the ATTC, is in respect of SR&ED, it would be considered government assistance for the purposes of subsection 127(18) of the ITA and sections 38 and 96 of the TA. ...

Position: No Reasons: They are essentially gift certificates and are considered to be a near-cash gift or award. ... Near-cash gifts are considered to be an item that can easily be converted to cash or are essentially the equivalent to cash, such as a gift certificate. ... Therefore, they are considered to be a near-cash gift or award and the receipt of a Companybuck will result in a taxable benefit to the employee under paragraph 6(1)(a). ...

29 June 2011 Internal T.I. 2011-0408171I7- Crossover Utility Vehicles Unedited CRA Tags 248(1) "automobile" Principal Issues: Whether a CUV is considered similar to a pick-up truck or van for the purposes of paragraph (e) in the definition of "automobile" in subsection 248(1) of the Act. ... Reasons: To the extent that a CUV has the same utility and function as an SUV, it will be considered a similar vehicle to a pick-up truck or van for the purposes of paragraph (e) in the definition of "automobile" in subsection 248(1) of the Act. ... In our view, a particular CUV will be considered a "similar vehicle" to a pick-up truck or van for the purposes of paragraph (e) in the definition of "automobile" in subsection 248(1) of the Act only to the extent that it has the same utility and function as an SUV. ...

Is a Liechtenstein Foundation considered a corporation or a trust for the purposes of the Income Tax Act? ... A Liechtenstein Foundation is considered a trust for the purposes of the Income Tax Act 2. ... Is a Liechtenstein Foundation considered a corporation or a trust for the purposes of the Income Tax Act (the "Act")? ...

3 June 2010 External T.I. 2010-0355931E5- Home Buyers' Plan Unedited CRA Tags 146.01 Principal Issues: Whether an individual who owns a home but does not reside there is considered a first-time homebuyer with respect to the purchase of a new home intended to be inhabited as the individual's principal place of residence. ... Ward (613) 957-9769 June 3rd, 2010 Dear XXXXXXXXXX: Re: The Home Buyers' Plan This is in reply to your email of January 29, 2010 in which you requested our comments on whether you would be considered a first-time home buyer for the purposes of the Home Buyers' Plan ("HBP") and would be able to participate in the HBP in 2010. ... Consequently, you would not be considered a first-time homebuyer and would not be able to participate in the HBP in 2010. ...

23 December 2010 External T.I. 2010-0390021E5- Farming Income and Riding Stables Unedited CRA Tags 28(1), 248(1) "farming" Principal Issues: Whether horse boarding services and horse riding lessons are considered farming. ... You are wondering if the horse riding lessons and the horse boarding activities will be considered farming for the purposes of the Act. ... In and of themselves, the activities you described would not, in our opinion, be considered farming under the Act. ...