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You have specifically asked whether board members of the irrigation districts may be considered officers of an "other similar body" as referred to in paragraph (b) of subsection 81(3) of the Act. ... It is our general view that a board, commission, etc. that is established by a province is not one described in paragraph 81(3)(b) of the Act unless it can be considered to be a "similar body" for the purposes of paragraph 81(3)(b) of the Act. We are of the opinion that a board, commission, etc., established by a province can be considered to be a "similar body" provided it can be regarded as being akin or equivalent to a body established at the municipal level of government. ...

However, where it is also reasonable to regard the amount as the payment of an amount in respect of the loss of employment, it will be considered a retiring allowance. ... If the settlement agreement calls for the fulfilment of the term of the employment contract, then the amount so paid would generally be considered employment income. ... As noted above, in cases of doubt where the payment can be considered to be made under the terms of the employment contract, and also reasonably considered to be in respect of the loss of an office or employment, then the CCRA will accept that the payment may be treated as a retiring allowance. ...

Presumably if there is no declaration of dividends and no resolution to reduce the PUC of the shares, the amounts distributed to a shareholder must be considered to be proceeds of disposition of the shares. ... Such an interpretation would give rise to anomalies such as whether FAPI earned by the affiliate in the time following the initial distributions could be considered to relate to shares "owned" by the taxpayer for the purposes of subsection 91(1) (i.e. if the shares were considered to disposed of prior to that time). ... Since the ACT is not computed on the basis of the foreign affiliate's income or profits, it is the Department's position that it should not be considered an "income or profits tax" for the purposes of the Income Tax Act. ...

For example, if the taxpayer could have made an application for severance of the excess land and it is likely that such a request would have been approved, the taxpayer would generally not be considered to have been required to acquire the excess land. ... In these circumstances, the portion of the lump sum paid in the first year that is equal to the periodic payments to be made in subsequent years is considered to be income within the meaning of subsection 9(1). The remainder of the lump sum payment is generally considered to be capital. ...

Principal Issues: Whether certain assets held by a corporation would be considered to have been used principally in an active business. ... Specifically, you enquire whether the common shares, the special shares and the five-year term notes described above would be considered assets used principally in an active business by Opco. ... The issue of whether property was used or held by a corporation in the course of carrying on a business was considered by the Supreme Court in Ensite Limited v. ...

Under clause (a)(vii)(A) of the definition, property must have been used by, among others, the taxpayer or a spouse, child or parent of the taxpayer principally in carrying on the business of farming in Canada in the year the property is disposed of, in order to be considered to have been used in the course of carrying on the business of farming. ... Further, the definition provides that property will not be considered to have been used in the course of carrying on the business of farming in Canada unless it meets the conditions in either subparagraph (a)(vi) or (a)(vii) of the definition. ... Some of the criteria which should be considered in making this determination are set out in Interpretation Bulletin IT-322R. ...

Principal Issues: Whether the land owned by a taxpayer is considered to be "qualified farm property"? ... Consequently, the Property can be considered to have been used in the course of carrying on the business of farming if the requirements of subparagraph (a)(vi) of the definition are met. ... Some of the criteria which should be considered in making this determination are set out in Interpretation Bulletin IT-322R. ...

Presumably if there is no declaration of dividends and no resolution to reduce the PUC of the shares, the amounts distributed to a shareholder must be considered to be proceeds of disposition of the shares. ... Such an interpretation would give rise to anomalies such as whether FAPI earned by the affiliate in the time following the initial distributions could be considered to relate to shares "owned" by the taxpayer for the purposes of subsection 91(1) (i.e. if the shares were considered to disposed of prior to that time). ... Since the ACT is not computed on the basis of the foreign affiliate's income or profits, it is the Department's position that it should not be considered an "income or profits tax" for the purposes of the Income Tax Act. ...

We have considered this issue before see E9919475. 2000-002738 XXXXXXXXXX Karen Power, C.A. (613) 957-8953 July 20, 2000 Dear XXXXXXXXXX: Re: Whether land constitutes "qualified farm property" We are writing in reply to your letter of May 20, 2000, in which you requested our views on whether land which you owned is considered to be "qualified farm property" for the purpose of claiming the capital gains exemption under subsection 110.6(1) of the Income Tax Act (the "Act"). ... Whether a property is considered to have been used in the course of carrying on the business of farming is dependent on when the property was last acquired by the individual. ... Accordingly, a grandparent or great-grandparent can be considered a "parent" of an individual because of the extended meaning of "child" in paragraphs 70(10)(a) and (b) of the Act, which applies for purposes of section 110.6. ...

Must be considered in establishing an individuals entitlement to the GIS. ... In our view, POWA benefits received by former employees, would be considered other income by virtue of subparagraph 56(1)(a)(vi) of the Act. 2. ... In our view, PWAP benefits received by former employees, would be considered other income by virtue of subparagraph 56(1)(a)(vi) of the Act. 4. ...