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It would provide an incentive for land owners to protect their natural areas if a donation of the restrictive covenant, to Her Majesty or to any registered charity willing to accept the restrictive covenant, could be considered a charitable gift. ... Since a restrictive covenant registered against land is a right it would be considered a property. Consequently a donation of a restrictive covenant registered against the land to Her Majesty or to a registered charity could be considered a gift for purposes of section 118.1 or 110.1 of the Income Tax Act. ...

It is a saving provision which ensures that one corporation which otherwise controls another corporation will not be considered to control where the Minister is satisfied that certain conditions have been met. Its application extends to provisions such as the definition of a "Private Corporation" at paragraph 89(1)(f), the inadequate consideration rules at subsections 69(6) and (7) and other law where de facto control tests are not considered appropriate. The wording in those specific areas refer to "control" or "controlled", therefore in order to properly match or align the wording among these various provisions and subsection 256(6) it was considered necessary to include the phrase "controlled or controlled directly or indirectly in any manner whatever" in the preamble to subsection 256(6). ...

It is your view that capital gain distributions made by a U.S. based mutual fund trust, regardless of whether the trust is considered to be a corporation or a partnership for U.S. tax purposes, should be treated by the Canadian recipient as income from property by virtue of paragraph 108(5)(a) of the Income Tax Act (the “Act”). ... We agree with your view that capital gain distributions made by a U.S. resident mutual fund trust should be included in computing the income of the Canadian beneficiary as income from property pursuant to paragraph 108(5)(a) of the Act provided that the U.S. mutual fund trust is considered to be a trust for Canadian tax purposes, notwithstanding that it may be considered to be a corporation or a partnership for U.S. tax purposes. ...

The 1979 review of these payments concluded that they would not be considered a taxable benefit under paragraph 6(1)(a) of the Income Tax Act. ... In converting the reimbursement into an allowance the provisions of paragraph 6(1)(b) of the Act must be considered. ... Subparagraph 6(1)(b)(iii) of the Act provides for an exclusion from income for employees, such as those in question, of allowances considered to be "representation or special allowances" paid to the employee while he/she was in service outside Canada. ...

That case involved deposits held in a foreign bank in order to finance operations in a foreign country and whether interest earned on those funds would be considered as `foreign business income' or whether the deposits would be considered as `property used or held by the corporation in the year in the course of carrying on a business'. ... Our standard position is that short term cash may be considered to be used in the business but excess cash held in deposits on a permanent basis are not. ...

11 April 1983 Income Tax Severed Letter RRRR72- Foreign affiliate project LA 5601-C3 Unedited CRA Tags 95(2)(a)(i) XXX In general, where a taxpayer is carrying on an active business or active businesses outside of Canada via a controlled foreign affiliate or controlled foreign affiliates, income from property or an inactive business of a controlled foreign affiliate will in most cases, be considered to pertain to or be incident to the active businesses Subparagraph 95(2)(a)(i) will therefore include this income in active business income thereby excluding it from foreign accrual property income. ... If, on this basis, the income would not be considered eligible for the small business deduction because it is not income from an active business or incident to an active business then it could be considered to be foreign accrual property income. ...

You also requested our opinion on whether architects who perform contract administration and whether architects who design can be considered to be performing activities consistent with section 122.3(1)(b)(i)(B) of the Income Tax Act. ... Your request for our opinion on whether architects who perform certain activities can be considered to be performing activities consistent with section 122.3(1)(b)(i)(B) of the Income Tax Act indicates that you may have some misconceptions concerning the application of the section. ... We also wish to bring to your attention that the opinions expressed herein are not advance income tax rulings and, in accordance with paragraph 24 of Information Circular 70-6R, are not considered binding on the Department. ...

While a guideline based on distance would be appropriate in most cases, there may be situations where other relevant factors should also be considered in making such a determination. ... XXX While the policy objective of encouraging settlement in remote areas may be served by both the Northern Residents Deduction and the position described in the bulletin, the Task Force pointed out that there is a perceived inequity in the definition of a prescribed area in that some prescribed areas are not considered by neighbouring communities as being remote. ... You may be interested to know that we have not had any queries on whether specific locations are considered remote other than your referral concerning the XXX and XXX closures. ...

Dear Sirs: Re: Interpretation of the Definition of "Taxable Preferred Share" in Subsection 248(1) of the Income Tax Act (the "Act") This is in reply to your letter dated June 13, 1990, whereby you requested our opinion concerning our interpretation of paragraph (b) of the definition of "taxable preferred share" in subsection 248(1) of the Act, in a situation which you described as follows: XXX You requested our opinion as to whether a XXX could be considered to be a "taxable preferred share" by virtue of clauses (b)(i)(A) or (C) of the definition of that expression in subsection 248(1), and whether the phrase "it may reasonably be considered having regard to all the circumstances" in that definition provides any latitude in the applicability of the dividend entitlement clauses under consideration. ... Subparagraph (b)(i) of the definition of "taxable preferred share" provides that a determination must be made of whether "it may reasonably be considered, having regard to all the circumstances" that the amount of the dividend that may be declared or paid on a share is fixed, limited to a maximum or established to be not less than a minimum with a preferential dividend entitlement. ...

XXX You have asked whether the loan from the bank will be considered a loan for value as described in subsection 74.5(2) of the Act. ... Accordingly, in the situation described above, a second loan from the bank, whether considered a loan for value or not, would not affect the application of the attribution rules in respect of the shares transferred to the trust. ... We caution that the foregoing represents our considered opinion only and is not binding on the Department. ...