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Our Opinion I- If the pension plan itself states that surplus amounts are to be paid to the employer, the payments made to the employees would not be considered superannuation or pension benefits. The amounts being paid by the City to the employees (current, former or their estate) would, in our opinion, be considered a taxable benefit received by the employees by virtue of their employment pursuant to paragraph 6(1)(a) of the Income Tax Act (the "Act"). ... As for the amounts to be considered "rights or things" pursuant to subsection 70(2) of the Act, the employees must have had a clear right to the amounts at their death. ...

Provided the trust is governed by the RCA, it will be considered to be an RCA trust per subsection 207.5(1) of the Act. 2. ... The portion of the premium related to the death benefit and paid directly by the employer will be considered to be employment income to the employee pursuant to paragraph 6(1)(a) of the Act and deductible to the employer pursuant to 18(1)(a) of the Act. ... Since the total cost of the death benefit will be, in effect, paid by the employee and the benefit is payable directly to the employee's estate or nominee, the death benefit will not be considered to have been received as a distribution from the RCA nor will it be subject to tax in the beneficiary's hands. ...

XXXX Manufacturing and Processing Profits Deduction Receipts, from a business interruption insurance policy, that are separate and distinct front any property damage coverage and which represent payments for the loss of earnings, are considered to be income. ... "where a taxpayer has a right to compensation for a property or income loss because of contract... compensation. for loss or destruction of inventory or for loss of profits is considered to be income from the carrying on of the taxpayer's business". ... In the case of logging these receipts from the non-operation of the business are considered to be... ...

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 W.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 beneficiary would be included in computing the income of the beneficiary under paragraph 104(13)(c) of the Act. ...

While it would appear that you and your daughter would probably be considered a non-resident of Canada for taxation purposes, you may confirm your taxation status with the Ottawa District Taxation Office located at 360 Lisgar Street in Ottawa by completing the attached forms. ... Provided you and your daughter are considered non-residents of Canada for taxation purposes, you would be exempt from Canadian tax provided that the income is subject to tax in Austria except in the circumstances where you are considered to be a deemed resident of Canada. ...

As it would appear that XXXX was operating a business, through an agent, and the paintings on hand were considered to be inventory; XXXX Inventory or capital property? ... Would the sale of the remaining paintings be considered income from a business or income subject to the capital gains provision of the Income Tax Act? ... In examining such course of conduct the following factors would have to be considered: (1) intention; (2) the relation of the transactions to the taxpayer's regular business; (3) the nature of the transactions and the type of asset being disposed of; (4) the number and frequency of the transactions. ...

Since no information as to the specific pipelines involved was forwarded with either your memo or with XXXX letter of April 2, 1986, we can only reiterate our interpretive position on this matter which was previously considered in the case of XXXX Further, we would think the actual determination of which pipelines come within Class 2 by virtue of this position is best determined by field investigation. ... We note that XXXX in its letter of April 2, 1986 refers to a synthetic crude unit and argues that the pipelines between that unit and the existing refinery facilities should be considered "short lines" and their cost capitalized as part of the equipment based on paragraph 9 of IT-482. Such a conclusion does not necessarily follow since those lines must "reasonably be considered to be an integral part of the equipment" before paragraph 9 of IT-482 can be applied thereto. ...

In response to your specific inquiries, we would first of all confirm that it is our view that in the situation described above, no benefit fer the purposes of paragraph. 7(1)(b) of the Act would be considered to have been received by the employees as a result of the cancellation of the old agreements and the entering into the new agreement. ... Furthermore, we would also confirm that in the event that the old agreements are simply amended to reflect the current share price- rather than being expressly cancelled with new agreements being extended- the amended agreement could be considered to be a new. agreement to issue shares for the purposes of paragraph 110(1)(d) of the Act and the date of that agreement would be the date of the amendment. The foregoing represents our considered opinion with respect to the issues raised in your letter, but this is not a ruling and is not binding upon the Department. ...

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 24(1) (a registered charity) may issue receipts respecting donated restrictive covenants providing the donation qualifies as a gift. ...

Humenuk (613) 957-2135 19(1) December 17, 1990 Dear Sirs: Re: Section 80.4 of the Income Tax Act (the "Act") This is in reply to your letter of June 11, 1990, wherein you requested our views on whether voluntary payments of interest would be considered to be interest paid for the year on a loan which bears no interest or bears interest at a rate lower than the prescribed rate for purposes of paragraphs 80.4(1)(c) and 80.4(2)(e) of the Act. ... You referred to a letter written by this Department on April 3, 1981 wherein we set out four conditions which had to be met in order that a voluntary payment of interest by the employee be considered interest for the purpose of computing the taxable benefit under subsection 80.4(1) and in order that the loan be considered unmodified in the context of subsection 80.4(1.1) of the Act. ...