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This position is consistent with the definition of "excluded property" in paragraph 95(1)(a.1) in that it was considered necessary to enact, for purposes of paragraphs 95(1)(d) and 95(4)(a) as they apply to paragraph 95(1)(a.1), the deeming provisions in subparagraphs 95(1)(a.1)(iv) and (v) in order that where a foreign affiliate had an interest in a partnership and the shares of the capital stock of a corporation in which all or substantially the assets were used in an active business were partnership property such shares could be considered excluded property. ... In this regard the partner would be considered to have an undivided interest in the partnership property based on his proportionate interest in the partnership. ...

If the objects (the pictures) are still, the video-tape recordings are not considered to be "motion picture films" within the meaning of Article XIIIC of the Convention. ... Factors considered by the Department will include the nature and source of the opinion as well as the degree of sophistication of the recipient of the opinion and the taxpayer concerned. Unless clear evidence to the contrary exists, such opinions are not considered to have created hardship situations where they have not been relied upon, for example, where tax under Part XIII was withheld, notwithstanding an opinion to th-e contrary. ...

The basis for this position is as follows: (1) The Financial Administration Act refers only to the remission of "tax, fee or penalty" in section 23. (2) Based on an informal legal opinion obtained some 15 years ago, it was indicated that there was legal support for the view that interest could properly be considered as a "tax" for purposes of section 17 (now 23) of the F.A.A. (3) Since in economic terms interest charges can be considered to be compensation payable by the taxpayer to the government for use of funds that are rightfully the government's once a tax debt becomes due, collection of interest charges was not considered an unfair burden to a taxpayer in cases "here it was accepted that the tax debt upon which it was based was legitimate. ...

It is our opinion that as long as the amount is paid after the employee has left his employment, the sum of money in lieu of the month's notice will be considered a retiring allowance. 3. As Interpretation Bulletin IT-337R2 states, a payment will be considered a retiring allowance if it is in recognition of long service or in respect of loss of an office or employment. ... These constitute the payments that will be considered as retiring allowances. 4. ...

The transaction cannot be considered an outright purchase due to the various restrictions on the use of the software listed in the license agreement. ... As indicated in the 1986 letter, telephone hotline services, where the person providing the information or advice on such hotlines is outside Canada, will not be considered to be rendered in Canada. ... However, in order that it will not be considered part of the computer software license fee which is subject to Canadian withholding tax, the payment for these services must be optional and reasonable in relation to the software license fee. ...

It is our opinion that, where the securities dealer acts as a principal, the above described transaction would be considered a securities lending arrangement as that term is defined under section 260 of the Income Tax Act the "Act"). Furthermore, it is our view that the transaction may be considered as a dividend rental arrangement under subsection 248(1) of the Act since it may reasonably be considered that the main reason for the arrangement is to enable the securities dealer to receive the dividend. ...

Essentially, a "gift", eligible for tax credit treatment, is considered to have been made: i) in circumstances where the gift vests at the time of the giving of the gift, and ii) where the value of the residual interest is reasonably ascertainable. ... Therefore, as long as all ownership interests vest with the charity on the date the property is transferred, a gift will be considered made for tax purposes. ... The present value of a $10,000 bond not due to year 2020 would in our view be considered less than $10,000. ...

Furthermore, horses used in a riding business would not be considered inventory of that business. ... This means that although the original cost of acquiring the horses, as well as the cost of any expansion in the number of such animals, is considered a capital expenditure, the cost of replacing these horses is considered a deductible expense in the year of replacement. ...

It is now the Department's position that where a reasonable allowance or a reimbursement of costs incurred to purchase and clean special clothing is paid to employees engaged in full-time plain clothes duty, such an amount will be considered a reimbursement of expenses and, therefore, not taxable. ... Fuoco's December 17, 1991, letter to you based on the information provided to the Department, the plain clothes allowance provided to members on full-time plain clothes duty would be considered an allowance in respect of special clothing used in the course of their employment. ... In those cases where members receive a per-diem allowance for occasional plain clothes duty, the amounts will be considered taxable and subject to deduction and reporting in the regular manner. ...

Thus, in such cases, the payment of reasonable membership fees by an employer are not considered to be a taxable benefit to the employee. ... Thus the employer would generally be considered to be the primary beneficiary of such policies and the employee should not be considered to be in receipt of a taxable benefit. ...