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For example, provided Canada or a province has the right to grant permission for an employer to perform any of the activities outlined in paragraph 255(a) of the Act, the employer will be considered to carry on business in Canada whether it is 186 or 250 miles offshore. Accordingly, all rigs operating on the continental shelf off the east coast of Canada will be considered to be located in Canada and the employees working on such rigs will also be considered to perform their duties of employment in Canada for purposes of subsection 122.3(1) of the Act. ...

The limited liability companies in the two cases that we have reviewed, Wyoming and Florida, would be considered corporations rather than partnerships. Where the U.S. limited liability company is considered a corporation for purposes of the Act and is a foreign affiliate pursuant to paragraph 95(1)(d) of the Act, a computation of its surplus accounts for purpose of the foreign affiliate regulations will be done in a manner similar to that of any other foreign affiliate. However, if any limited liability company is treated as a partnership for the purposes of the Internal Revenue Code (the Code) such that the shareholders ("partners") rather than the company are liable to tax under the Code on the income of the company, such company will not be considered to be a resident of the U.S. under paragraph 1 of Article 4 of the Canada-U.S. ...

(and)...where the succeeding business operation of a corporation is of the same kind, but ownership of the corporation has changed, the two operations will normally not be considered the same business if the first business ceases operation before the second operation begins. ... The sale of all fixed assets of a business is not considered a mandatory requirement for the ceasing of a business if it can otherwise be established to have ceased." Consequently, if the business that sustained the losses can be considered to have ceased operation prior to the acquisition of control, the non-capital losses incurred by the corporation prior to the acquisition of control will not be available for carry-forward after the acquisition of control. ...

If the terms of such a plan are "materially altered", however, another plan is deemed to be established (a "statutory arrangement") and contributions made to the plan from the time of the alteration (or January 1, 1988, if the alteration occurs later) are considered to have been made to a retirement compensation arrangement ("RCA"). If the change in investments or custodian which you are contemplating can be considered a "material alteration" in the terms of your Plan, then the total amount of the new investments or all the property transferred to the new custodian would be considered a contribution to an RCA. ...

XXXXXXXXXX 950155 Attention: XXXXXXXXXX April 12, 1995 Dear Sirs: Re: Definition of Foreign Property This is in reply to your facsimile transmission of January 19, 1995, in which you ask for our opinion concerning certain warrants to be issued by a Canadian subsidiary of a U.K. parent and whether the warrants would be considered "foreign property" as defined in subsection 206(1) of the Income Tax Act (the "Act"). ... It is not likely that such warrants will be considered "foreign property" as defined in subsection 206(1) of the Act unless, as you suggest, they can be considered shares or debt obligations of the issuer which derive their value from foreign property in the manner described in paragraph 206(1)(d.1) of the Act. ...

It is our view that the crude oil in question would be considered as "property" for the purpose of the exemption provision under subparagraph 212(1)(d)(iii) of the Act. ... Such a determination could only be made after all the relevant facts are considered and we do not have all the relevant facts at this time. ...

It is the constituent's understanding that if the former husband defaults on his obligation to pay child support and the former wife incurs legal costs in order to enforce their payment, such costs would be considered deductible in computing her net income. If, on the other hand, the former husband incurs legal costs in order to enforce visitation rights granted under the court order, his costs would not be considered deductible by him in computing his net income for the year. ... The expense would not be considered laid out to earn income and would, therefore, not be deductible. ...

Principal Issues: Would the payment of cash on a purchase for cancellation be considered a disposition of property for purposes of 55(3)(a)(i)? ... Your Questions Would the purchase for cancellation by Corporation A of its common shares owned by the unrelated estate be considered part of the Spinoff Transaction? Would the payment of cash on the purchase for cancellation by Corporation A of its common shares owned by the unrelated estate be considered a disposition of any property to a person with whom Corporation A was dealing at arm's length? ...

In our opinion, provided the reimbursement is paid into the RRSP trust and not to the annuitant, the payment would not be considered to be an advantage pursuant to paragraph 146(2)(c.4) of the Income Tax Act ("Act"), and it would not constitute income to the annuitant. ... Redemption fees are considered expenses of the RRSP trust and, consequently, a reduction of these fees will result in increased earnings of the trust. You indicated by telephone on June 5, 1995 (XXXXXXXXXX/Duff) that your agents were not employees but were considered to be running a business. ...

Palamar (613) 957-8953 Attention: XXXXXXXXXX July 19, 1995 Dear Sir, This is in response to your letter of March 27, 1995 requesting our opinion regarding whether a corporation would be considered to be a small business corporation in the following circumstances. ... It is our view that this requirement would also be met and that Corporation A would be considered to be a small business corporation. ... Accordingly, where, as in your example, the related corporations in aggregate use more than 50% of the building in an active business, the entire building will be considered to be used principally in an active business. ...