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However, it remains difficult to distinguish the current situation from the facts considered by the Federal Court of Appeal in Dudney. ... In that document, the CRA acknowledged that there are numerous factors to be considered in making a determination as to whether a permanent establishment exists, one of which is the legal right to exercise control over a place of business. ... " In order to determine whether a permanent establishment existed in the situation that you have described, we considered the facts and supporting information that was provided to us. ...

Accordingly, our comments are limited to the issues of whether the Swap Contracts may be considered to be inventory for the purposes of paragraph 85(1.1)(f) and whether the elections on Forms T2057 are invalid. ... Otherwise, it would be considered an inventory property of XXXXXXXXXX and thus would still be eligible property as described in paragraph 85(1.1)(f). ... Accordingly, based on the facts described above, the Swap Contracts are considered to be inventory for the purposes of paragraph 85(1.1)(f). ...

When is an employer committed, or considered to have committed to an eligible project for OETC purposes? ... Dependent on whether the extension or renewal period is considered to be in connection with the original commitment made by the employer. 3. ... You have requested our comments on when an employer is committed, or considered to have committed to an eligible project. ...

(c) Would interest paid on a guaranteed investment certificate or on a term deposit only once on maturity be considered to be paid on a periodic basis? ... (b) See paragraph 19.1 of IT-212R3 (c) Since interest accrues on a daily or other periodic basis, such interest is considered to be payable on a periodic basis even though it may not be due until maturity (d) Undeclared dividends would not be included in the deceased individual`s income under subsection 70(1). ... For tax purposes, a taxpayer is generally considered to have disposed of each of his properties upon death; accordingly, the deceased's estate would be required to include in its income dividends declared after the deceased individual's death. ...

If a taxpayer is considered to have POD then the disposition of a depreciable property could lead to potential recapture, capital gain or terminal loss. Additionally, the replacement property rules relating to recapture in subsection 13(4) and relating to capital gains in section 44 may also be considered. ... In general, an amount included in income under subsection 13(1) is considered to be income from the same source against which CCA on the property was deducted. ...

Specifically you ask whether the following properties would be considered “specified foreign property” assuming the total cost amount of such property exceeds $100,000 during the year: 1. ... If a property is considered a personal-use property, it is not a specified foreign property and would be excluded from the reporting requirements of Form T1135. ... The U.S. dollar and Euro accounts are considered properties held or deposited in Canada. ...

Reasons: Proper treatment of a payment depends on whether a receipt is required (i.e accountable vs non-accountable) and whether the expense is considered primarily for the benefit of the officer or the employer (i.e. personal vs municipal business). ... The Canada Revenue Agency ("CRA") accepts that where an amount is paid by an employer in respect of an item that is primarily for the benefit of the employer then it is generally not considered to be a taxable benefit to an employee or officer. ... The types of allowances that are exempted by this provision are those that are otherwise considered to be taxable. ...

Reasons: When personal injury relates to the loss of employment, the related damage award would generally be considered a retiring allowance. ... Our Comments Generally, compensation received by an individual from the individual’s employer or former employer may be considered employment income, retiring allowance, non-taxable damages, or a combination thereof. ... Only if the answer to the first question is no and the answer to the second question is yes, will the amount be considered to be a retiring allowance. ...

As noted in paragraph 33 of IT-75R4, if a taxpayer establishes a temporary base in a place other than his or her home, the taxpayer may be considered to be temporarily residing in that place (sojourning) rather than travelling. ... If a taxpayer is temporarily residing in a place, amounts paid for meals and lodging in that place are considered to be personal and living expenses rather than travelling expenses and therefore, they are not allowable research expenses. ... In the case of a PDF, it is our view that income received will most likely be considered to be employment income, research grants, scholarship or fellowship income, or some combination of these types of income. ...

In such circumstances, an amount donated by the individual to the qualified donee to enable the donee to pay the premiums in respect of that policy is considered to be a gift for the purposes of the Act. Where the individual pays the premiums under the policy directly to the insurance company at the request of, or with the concurrence of, the donee who owns the policy, the amount paid is also considered to be a gift for the purposes of the Act. ... The CRA has previously noted the possibility that a portion of the life insurance premiums paid by an individual under a split dollar or shared ownership arrangement may be considered a gift under the proposed split-receipting legislation. ...