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Townsend February 21, 2012 Dear XXXXXXXXXX: Re: Online Poker This is in response to your fax dated December 23, 2011 asking whether online poker profits are considered income from a business or are non-taxable income such as lottery winnings. ... In addition, paragraph 11 of IT-334R2 discusses the fact that any activity or pursuit, regardless of the source of income, must have a reasonable expectation of profit to be considered income from a business. Where a reasonable expectation does not exist the activity may be considered a hobby and amounts received and expenses incurred, are not included in the computation of income. ...

While in many instances, a student will be considered a full-time student for ETC purposes if the student's program is a QEP, the tests remain distinct and are not necessarily the same. ... If the institution offering the program satisfies itself that it meets the definition of a DEI and the student is enrolled in a program that meets the 10 hours/week on courses or work in the program as required by the QEP criteria then the student would be considered full time. If the student is not considered to be full time by the DEI, the student may be eligible for the part time ETC if the student spends not less than 12 hours per month on courses in the program as required by the SEP criteria. ...

22 August 2011 External T.I. 2010-0374461E5- Prescribed prize Unedited CRA Tags 56(1)(n), 7700 of Regulations Principal Issues: Is a $XXXXXXXXXX prize awarded by the XXXXXXXXXX to a professor at XXXXXXXXXX considered to be a "prescribed prize" for the purposes of subparagraph 56(1)(n)(i) and section 7700 of the Income Tax Regulations? ... In your fax, you asked the following questions: Whether the XXXXXXXXXX ("Prize") awarded by the XXXXXXXXXX (the "Academy") to a professor at the University would be considered to be a "prescribed prize". ... Specific determination of whether the Prize would be considered a prescribed prize is a question of fact. ...

Reasons: The parent company can be considered to be the legal representative of its subsidiary. ... Can the parent company be considered to be the legal representative of the subsidiary? ... Where a subsidiary corporation is wound up into its parent with the parent acquiring its assets, the parent can be considered to be the subsidiary's legal representative under subsection 159(1). ...

Therefore, the taxpayers will be considered to have an owner-occupied home. ... An individual will be considered to have an owner-occupied home where the individual owns (jointly or otherwise) a housing unit and the housing unit is inhabited by the individual as the individual's principal place of residence at that time. ... Therefore, while the partnership existed, the individuals will be considered to have an owner-occupied home where the individuals owns (jointly or otherwise) a housing unit and the housing unit is inhabited by the individuals as their principal place of residence at that time. ...

12 January 2011 External T.I. 2010-0385871E5- Qualified Farm Property Unedited CRA Tags 110.6(1), 110.6(1.3) Principal Issues: Does the taxpayer have to be actively farming the property during the 24 months immediately prior to the sale for the property to be considered qualified farm property Position: No- as long as the requirements in subsection 110.6(1.3) are met Reasons: Legislation XXXXXXXXXX 2010-038587 S. ... Subsection 110.6(1.3) of the Act provides that for the purposes of applying the definition of QFP a particular property will not be considered to have been used in the course of carrying on the business of farming in Canada unless certain ownership and use conditions described in that subsection are met. ... As long as you continue to own the land throughout the period of at least 24 months prior to its disposition the fact that such land might not be used in any farming business carried on by you during that 24 month period will not, in and of itself, preclude such land from being considered as QFP. ...

In Interpretation Bulletin IT-339R2, Meaning of private health services plan [1988 and subsequent taxation years], the CRA lists the requirements a plan has to meet for it to be considered a PHSP. ... As over-the-counter drugs, including natural health products, generally would not qualify for the tax credit, a plan that covers such drugs would not be considered a PHSP. ... Any proposed changes to tax policy or legislation would have to be considered by Finance Canada and approved by Parliament. ...

If the transaction is an instalment purchase and sale agreement, then the property would be considered inventory and would be expensed through the cost of goods sold. Generally, a property subject to a long-term rental agreement would be considered capital property. ... Therefore if your business both sells furniture, electronics, appliances, and computers and also offers rent-to-own agreements, then the assets would be considered inventory unless the conditions in (a) to (c) above are met. ...

XXXXXXXXXX 2009-034799 April 7, 2010 Dear XXXXXXXXXX: Re: Home Buyers' Plan- First-time Home Buyer This is in reply to your November 12, 2009 email, requesting our views on whether a husband and wife would be considered first-time home buyers under the Home Buyers' Plan ("HBP") and be able to participate in the HBP. ... An individual is not considered a first-time home buyer if, at any time during the period beginning January 1 of the fourth year before the year of the RRSP withdrawal and ending 31 days before the withdrawal, the individual or the individual's spouse or common-law partner had an owner-occupied home. An individual will be considered to have an owner-occupied home where the individual owns (jointly or otherwise) a housing unit and the housing unit is inhabited by the individual as the individual's principal place of residence at that time. ...

Whether a postdoctoral fellowship is considered employment income. Position: 1. ... Amounts received by post-doctoral fellows will likely be considered employment income, research grants, scholarship income, or some combination of these. In the past, the CRA has generally considered the income received by post-doctoral fellows to be either employment income or research grants. ...