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Criteria to be considered set out in IT-332R Reasons FOR POSITION TAKEN: Wide definition of "farming" at 248(1) of the Act (list not exhaustive) 5-942827 XXXXXXXXXX M. ... Some of the criteria which should be considered in determining whether or not a farming operation is a business are set out in Interpretation Bulletin IT-332R at paragraph 4. ... Paragraph 9 of IT-433R gives a list of various sources of income and indicates whether they can be considered to be part of a farming business. ...

Some of the criteria which should be considered in making this determination are set out in Interpretation Bulletin IT-322R. ... However, a taxpayer engaged in the business of logging would not be considered to be a farmer, and will need to report his income using the accrual method of accounting used by businesses. ... Receipts for permitting another person to cut and remove standing trees is considered to be a receipt by the farmer on account of capital which reduces the adjusted cost base of the farm property. ...

Before the application of GAAR may be considered in a particular case it is necessary to determine all other provisions of the Act that may apply. Some of the provisions, inter alia, that would be considered in the proposed cattle sale are the application of subsection 28(5) and section 76 of the Act. ... The application of GAAR would be considered in the type of situation you described. ...

PRINCIPAL ISSUE: Whether the period of notice required under the Employment Standards Act can be considered for the purposes of calculating the number years pursuant to clause 60(j.1)(ii)(A) of the Act. Position TAKEN: Yes (See Decision Summary) Reasons FOR POSITION TAKEN: 1.The period of time to which a payment under section 57 of ESA relates is considered "eligible service" for the purposes of paragraph 8503(3)(a) of the Regulations (Ref. 5-923379). ... Therefore, it is our view that the number of weeks of notice required under section 57 of the ESA could be considered in calculating the number of years for the purposes of clause 60(j.1)(ii)(A) of the Act. ...

Any appreciation in value of the land attributable to the period prior to such date would not be taxable under the Act, since such amount would be considered a windfall. The receipt, by the estate, of compensation for "parts" of the land not returned would also be considered a windfall and, therefore, not taxable under the Act. ... Any appreciation in value of the land attributable to the period prior to such date would not be taxable under the Act, since such amount would be considered a windfall. ...

Brake Attention: XXXXXXXXXX May 23, 1996 Dear Sirs: Re: Classification of Extended Cab Trucks for CCA Purposes This is in reply to your letter of March 25, 1996 wherein you requested our opinion as to whether 1996 Chevrolet extended cab trucks are considered passenger vehicles for capital cost allowance ("CCA") purposes. ... The subparagraph (e)(ii) exception does not contain a seating restriction but the use requirement is more onerous in that "all or substantially all" is considered to be more than 90% of the use made of the vehicle. In our view, the extended cab trucks are considered to have seating capacity for more than the driver and 2 passengers and it will, therefore, be a determination of fact based on the use of each particular extended cab truck, in the year it was acquired, whether that vehicle fits within the subparagraph (e)(ii) exclusion in order that it not be considered a passenger vehicle that falls within Class 10.1 for CCA purposes. ...

During a telephone conversation with the Registered Plans Division (O'Meara/Duff), we were informed that a journal entry as described above is considered to be a permissible funding media acceptable to the Minister since it conforms with the funding media described at paragraph 6(e)(iv) of the IC. Given that such a method is considered to be a contribution pursuant to the Act, paragraph 8502(b)(iii) of the Regulations requires all contributions under a defined benefit plan by an employer with respect to employees or former employees to be eligible contributions. ... Where it is considered that an eligible contribution has been made to a LPP by means of a journal entry and the aforementioned provisions require it to be made pursuant to an actuarial recommendation, then the Department can request such a report. ...

An organization which acts only as Landlord can not be considered Charitable. 2. ... Our Comments The Department's view is that in a landlord\tenant relationship the renting of commercial real property to medical doctors by the corporate owner cannot be considered charitable. ... With respect to the requirements of paragraph 149(1)(l) of the Act, we agree that health care could, depending on the specific facts of a particular case, be considered "social welfare". ...

Watkins Award (the "Watkins Award") would be considered to be a prescribed prize for purposes of subparagraph 56(1)(n)(i) of the Income Tax Act (the Act) as defined in section 7700 of the Income Tax Regulations (the Regulations). ... Our Comments The word "prize", in the context of the Act, has been considered by the Supreme Court of Canada in The Queen v. ... In view of the forgoing, it is our opinion that the Watkins Award would not be considered to be a prescribed prize as defined in section 7700 of the Regulations. ...

We have been asked whether a settlement arrangement will still be considered a structured settlement, as contemplated in IT-365R2, if the annuity contracts referred to above were commutable after the death of the claimant. ... Accordingly, under such an arrangement, the payments remaining under the guarantee period must not be capable of commutation in the event of the death of the claimant during such guarantee period in order for the arrangement to be considered a structured settlement as contemplated in IT-365R2. With respect to the annuity contract to fund the care element under a settlement arrangement, such contract must be non-commutable during the life of the claimant in order for the arrangement to be considered a structured settlement as contemplated in IT-365R2. ...