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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. ...

9 December 2008 External T.I. 2008-0291081E5- Motor Vehicle Expenses- Special Work Site Unedited CRA Tags 6(6) Principal Issues: 1) Is travel from a special work site to an employee's principal place of residence considered business or personal? 2) Where an employee is working at a special work site under subsection 6(6), is travel from the temporary place of residence (e.g., hotel) to the special work site considered business or personal? ... However, as a general rule, duties will be considered to be of a temporary nature if it can reasonably be expected that they will not provide continuous employment beyond a period of two years. ...

Reasons: The partners of a partnership are considered to carry on the business of the partnership, and the principally use test applies to the partners' interest in the farmland. ... In fact, Aco and Bco as partners of a partnership (P) are considered to carry on the farming business of the partnership (Robinson, 98 DTC 6065) and in so doing are using P's property (farmland) in such business. Although P's farmland is equally (50%) co-owned by its partners Aco and Bco, in our view, each corporate partner is considered to be using the farmland "principally" (more than 50%) in the course of carrying on the business of farming in Canada. ...

Whether or not any particular plan would be considered an EBP, an RCA or an SDA for income tax purposes is a question of fact and would be dependent on the ultimate structure and design of each plan. ... However, as stated above, this determination is a question of fact and would only be considered in the context on an advanced income tax ruling. ... It is your view that this period of leave would comply with the provisions of paragraph 6801(a) of the Income Tax Regulations (the "Regulations") and consequently this component of the plan would be considered a deferred salary leave plan ("DSLP"), except that an employee may decide, after the leave commences, not to return to work for the specified period. ...

In general terms, subsection 104(1) of the Act provides that, in situations where the trustee can reasonably be considered to act as agent for all the beneficiaries in respect of all dealings with the trust property and the trust is not a trust described in any of paragraphs (a) to (e.1) of the definition "trust" in subsection 108(1), the arrangement is not considered to be a trust for all but a few purposes of the Act. ... For the purpose of this letter, a bare trust is understood to be a trust under which the which the trustee can reasonably be considered to act as agent for all the beneficiaries under the trust with respect to all dealings with all of the trust's property but does not include a trust described in any of paragraphs (a) to (e.1) of the definition "trust" in subsection 108(1). ... As stated in your letter, paragraph (e) of the definition of "disposition" is not one of the provisions for which a bare trust is considered to be a trust. ...

Position: It appears the payment may be considered an "eligible capital amount" for the purposes of section 14 of the Act. ... XXXXXXXXXX considered the NCP a non-taxable receipt and did not include the NCP in her income tax return. ... With respect to section 14 of the Act, where the grantor of a covenant does not carry on (or did not formerly carry on) a business to which the activities described in the covenant relate, the amounts received cannot be considered "eligible capital amounts"for the purposes of section 14 of the Act. ...

However, in the case of any other trust, the trustees are considered to be the owners of the trust property for the purpose of section 256. ... Thus, in the situation you describe, it is our view that both the mother and the father would be considered to own 100% of the common shares of the third corporation with the result that each of the corporations controlled by either the mother or father would be considered to be associated with the third corporation. ... Nothing in this letter should be construed as confirmation, express or implied, that the CRA has considered, examined, agreed to or determined who would have control over any particular corporation. ...

17 July 2006 External T.I. 2006-0175331E5- Special Work Site Unedited CRA Tags 6(6) 80.4(1) Principal Issues: Whether the assignment of an employee normally based in one location to a second location for up to XXXXXXXXXX years, is considered to be of a temporary nature for purposes of subsection 6(6). ... You inquired as to the following: Whether the assignment of an employee normally based in one location to a second location for up to XXXXXXXXXX years, is considered to be of a temporary nature for purposes of subsection 6(6) of the Income Tax Act (the "Act") If the assignment is considered to be of a temporary nature, and the second location meets the definition of a special work site, would prepaying the periodic allowances that would normally be paid to the employee for the entire XXXXXXXXXX years be acceptable for purposes of subsection 6(6)? ... It recognizes that as a general rule, that the duties will be considered to be of a temporary nature if it can reasonably be expected that they will not provide continuous employment beyond a period of two years. ...

If not, the damages are considered to have been received in respect the loss of office or employment and, accordingly, taxed as a retiring allowance. ... In regard to other damages, we considered it doubtful whether they would have been awarded to the Taxpayer were it not for the loss of his employment. ... Please note also that the pre-judgment interest is considered taxable interest income and is required to be reported on a T5 slip. ...