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Will the trust's income received by the beneficiaries be considered to be the personal property of an Indian situated on a reserve for purposes of the exemption from taxation contained in the Indian Act? ... Income from a trust resident on a reserve when received by a status Indian beneficiary would be considered personal property of an Indian situated on a reserve and, thus, exempt from income tax pursuant to section 81(1)(a) of the Income Tax Act. ... However, a trust is generally considered to reside where the trustee who manages or controls the trust's assets resides-or where the majority of trustees who manage or control the trust's assets reside. ...

Will this refund be considered a prescribed benefit for purposes of the tax shelter reporting rules? Department's Position In our view, such a refund would generally be considered to be a prescribed benefit for the purposes of the tax shelter reporting rules.  ... Any exceptions to the above position could only be considered on a case by case basis and after consideration of all of the relevant facts. ...

Day   (613) 957-2136 May 5, 1992 Dear 19(1) We are writing in reply to your letter of March 10 1992, wherein you requested  our views as to whether or not discounted services provided to employees would be considered to be analogous to merchandise discounts as discussed in paragraph 27 of Interpretation Bulletin IT-470R. Since the situation described in your letter appears to relate to an actual taxpayer and a proposed transaction, that would normally be considered by way of an advance income tax ruling request, we are unable to comment on the specifics of your situation.  However, it is our view that the administrative position set out in paragraph 27 to IT-470R applies only to discounts on tangible property that could be considered as merchandise as that term is ordinarily understood.  ...

21 May 1992 Roundtable, 9214730 F- Calculating Currency Unedited CRA Tags 95(2)(f)(ii), ITR 5907(6) Prepared by:  Tim Kuss Date:  May 21, 1992 Canadian Tax Foundation Corporate Management Tax Conference Subparagraph 95(2)(f)(ii), Regulation 5907(6) Question For purposes of subparagraph 95(2)(f)(ii) and Regulation 5907(6), under what circumstances will a particular currency be considered "reasonable in the circumstances"?  ... Where a particular currency has become the generally accepted currency for conducting business in a country, such currency may be considered "reasonable in the circumstances", notwithstanding that some other currency is the official currency of that country.  As well, the currency that is used for income tax purposes in the foreign jurisdiction would normally be considered "reasonable in the circumstances". ...

If the individual is considered to be such for purposes of the Canada Pension Plan or Quebec Pension Plan, the Department will accept this as evidence that the aforementioned condition is met. However, if the individual does not qualify to claim disability benefits under one of those plans because she has never contributed thereto, she should provide to the Department other evidence of her disability and if such evidence is considered satisfactory, the aforementioned condition will be considered to be fulfilled. ...

We have recently considered submissions from banks and District Offices as to whether or not liabilities which are otherwise on income account can be considered to be on capital account where a substantial capital asset has been purchased with funds that cannot be traced to a specific borrowing. In our view a liability should not be considered to be on capital account unless it can be demonstrated that the borrowed funds are being used for capital purposes. ...

Will the latter transfer be considered as part of the same series of transactions which included the first transfer and which results in a disposition of property of Xco to an arm's length person such that paragraph 55(3)(a) would not apply? Department's Position Although it is a question of fact to be determined on the basis of the facts in each case, it is our general view that the transfer of property from Aco to Cco and Dco would normally not only be considered as part of the same series of transactions as, but would normally also be considered to be "in the course of" the same reorganization as, the first transfer of property from Xco to Aco and Bco. ...

This right cannot be considered to relate to future services but relates solely to services rendered in the year or preceding year. ... Therefore, it is our opinion that although the plan will not be considered an SDA before maturity, it may or may not be considered an SDA on maturity. ...

Holloway (613) 957-2104 19(1) February 15, 1991 Dear Sirs: Re: Personal Services Business This is in response to your letter dated January 2, 1991 requesting the Department's interpretation regarding the tax treatment of corporations considered to be personal services businesses. Whether or not a particular corporation is a personal services business is a question of fact to be determined from an examination of all the facts, however, under paragraph 125(7)(d) of the Act, a corporation is considered to be carrying on a personal services business if among other factors an individual performs services on behalf of the corporation (the "incorporated employee") and the incorporated employee or a person related thereto owns 10% or more of the shares of the corporation and the incorporated employee would otherwise, but for the existence of the corporation, reasonably be regarded as an employee or officer of the person who received the services from the corporation, unless the corporation employed, throughout the year, more than five full time employees in the business or the services were performed for a corporation with which it was associated. Thus where the corporation meets either one of the two exceptions stated above; it will not be considered to be carrying on a personal services business. ...

We concur with your position that the 52 weeks Separation Pay will be considered salary or wages under subsection 5(1) of the Income Tax Act (the "Act") and as such, would be reported on a T-4. Furthermore, we concur with your position that the 21 weeks severance pay and the 57. payment in lieu of foregone benefits will be considered to be a "retiring allowance" under subsection 248(1) of the Act. ... For your information, it is our position, as indicated in paragraph 36 of Interpretation Bulletin IT-470R, that the reimbursement of relocation expenses on termination of employment will be considered a taxable benefit unless the employee is moving from a remote place. ...