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., a "swap") are considered a "disposition" as defined in 248(1); the proceeds of disposition of the securities is equal to their fair market value at the time of their disposition. ... An in-kind contribution of securities by an individual to an RESP trust is considered a disposition of the securities for the purposes of the Act. ... The individual would be considered to have disposed of the securities for proceeds equal to their fair market value at the time of the transaction and the RESP trust would be considered to have acquired the securities at a cost equal to that value. ...

Reasons: Medical services to treat melasma that is severe, persistent and disfiguring would generally be considered to have a medical or reconstructive purpose. ... In Interpretation Bulletin IT-339R2, Meaning of Private Health Services Plan, the Canada Revenue Agency has set out the requirements that must be met in order for a plan to be considered a PHSP. ... In our view, cosmetic procedures to treat melasma that is severe, persistent and disfiguring would generally be considered to have a medical or reconstructive purpose. ...

Any location at or from which the employee regularly reports for work or performs the duties of employment is generally considered a regular place of employment. ... These particular trips are not considered to be of a personal nature. ... An employee who reports to work at a particular site for an extended period of time will likely be considered to regularly report to work at such location. ...

Question Will Article IV(6) of the Treaty apply such that the interest on the Debt that is deemed to have been paid pursuant to paragraph 78(1)(b) of the Act will be considered to have been derived by XCo for the purposes of the Treaty? ... In the situation described above, the income referred to in Article IV(6) of the Treaty is the Canadian-source interest that is payable under the terms of the Debt and that is considered, under the taxation laws of the United States, to be derived by XCo through LLC. Therefore, provided that the treatment of the interest under the taxation laws of the United States is the same as its treatment would be if the interest had been derived directly by XCo, such interest will be considered to have been derived by XCo for the purposes of the Treaty. ...

Reasons: Where a house is ordinarily inhabited by the individual, it is considered an eligible dwelling for purposes of the HRTC. ... A family will generally be considered to consist of an individual, the individual's spouse or common-law partner, and the individual's children who are under the age of 18 years throughout 2009. ... Even if a person inhabits a housing unit only for a short period of time in the year, this is sufficient for the housing unit to be considered "ordinarily inhabited in the year" by that person..... for example, a seasonal residence can be considered to be ordinarily inhabited in the year by a person who occupies it only during his or her vacation, provided that the main reason for owning the property is not to gain or produce income. ...

Reasons: If rental income earned by a non-resident corporation from Ontario real estate is considered property income, the particular corporation will not be considered to be carrying on business in Ontario for purposes of deeming a permanent establishment to exist under the Taxation Act (2007). ... The tax treatment of rental income earned by a non-resident depends upon whether or not the rental operation is considered to be a business carried on in Canada. ... Where on the other hand, a business is considered to exist, taxable income earned in Canada will generally be computed pursuant to subsection 115(1) of the Act, subject to subsection 96(1), and the non-resident partner will be taxable under Part I of the Act. ...

Briefly, we understand that you would like CRA to confirm whether a client's personal residence would be considered as an employee's regular place of employment based on the circumstances described in your original correspondence. ... In general terms, travel between an employee's home and regular place of employment is considered personal and it will always be a question fact whether a particular work location is considered a regular place of employment. However, where an employee (as required by the employer or with the employer's concurrence) proceeds directly from home to a point of call other than the employee's regular place of employment, or returns home from such a point, such travel is considered employment-related. ...

An individual will be considered to have an owner-occupied home where the individual owns (jointly or otherwise) a housing unit and the housing unit is inhabited by the individual as the individual's principal place of residence at that time. ... The "exception" to the time period limit that you have referred to in your email can be clarified by answering the question on page 6 of the "Home Buyers' Plan (HBP)" (RC4135) in the box titled "Are you considered a first-time home buyer in 2009?" An individual will be considered a first-time home buyer when the individual did not own and occupy a home as his or her principal place of residence and the individual does not currently have a spouse or common-law partner. ...

To be considered a replacement property, the particular property must meet all the requirements outlined in the definition in subsection 44(5) of the Act. ... A property is considered a replacement property, if it is acquired to replace the former property and there is a causal relationship between its acquisition and the disposition of the former property. ... Where the disposition and replacement take place in the same year, a taxpayer's calculation (in the income tax return for that year) of the capital gain by virtue of subsection 44(1) will be considered to constitute an election. ...

Therefore, in such circumstances the employer would be considered as being the "primary beneficiary" (see discussion below) such that the employee would not be in receipt of a taxable benefit. ... In Adler, the TCC considered whether parking provided by an employer to 16 of its employees resulted in a taxable benefit. ... The TCC also cited several factors in paragraph [159] of its decision that could be considered by an employer providing such benefits to its employee if taxation is a matter of concern. ...