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In particular, you have described a situation where an individual is a resident of Canada for purposes of the Act but the individual is considered a resident of another country for purposes of Canada’s income tax convention with that other country. ... In this regard, you believe that the position set out in paragraph 3 of Interpretation Bulletin IT-395R that any capital gain or loss resulting from a deemed disposition is not considered to be from a foreign source, regardless of the geographic location of the property, is not appropriate where the individual is considered a resident of another country for the purposes of Canada’s tax treaty with that country. ... In this regard, it is only in situations where the treaty provides that gains from the alienation of such property “shall be taxable only” in one or other of the contracting states which would give that contracting state an exclusive right to tax such gains (see for example, paragraph 4 of Article XIII of the Canada- United States Income Tax Convention, 1980); and (c) the Department’s general position as set out in paragraph 3 of Interpretation Bulletin IT-395R is that any capital gain or loss resulting from a deemed disposition is not considered to be from a foreign source, regardless of the geographic location of the property. ...

This is in reply to the memorandum of August 14, 1997, from Kathie Cameron requesting our views as to whether a promissory note received by a taxpayer would be considered payment of a debt or evidence of a debt, for purposes of subsections 28(1) and 76(1) of the Income Tax Act ("the Act"). ... Whether a promissory note is considered to be payment of a debt and therefore absolute payment, or evidence of a debt such that it is conditional, is a question of fact. Although it is usually considered that a creditor has accepted a promissory note as conditional payment or as evidence of indebtedness, in the appropriate circumstances, the promissory note may be accepted as absolute payment and the debtor will be considered to have paid the debt. ...

However, it is the Department's general position that this requirement may also be considered to have been satisfied where it is tacitly understood by the employer and the employee that the employee will pay the travel expenses. ... Employees who are hired at a series of places at which the employer is carrying out a contract or contracts cannot meet this requirement as each such place is considered to be the establishment to which the employee is required to report for work during the time worked there. As for the deduction for motor vehicle expenses under paragraph 8(1)(h.1), when workers report directly to the job sites the motor vehicle expenses the employees incur to get from their homes to a particular job site would not be deductible under paragraph 8(1)(h.1) of the Act because, as explained in paragraph 14 of the enclosed Interpretation Bulletin IT-522R, Vehicle, Travel and Sales Expenses of Employees, these expenses would be considered to be personal in nature and, as such, would not be considered to be "for travelling in the course of an office or employment. ...

The issue of whether Langley is part of the metropolitan area of Vancouver was considered in the case of James v. ... For the same reasons as set out in that decision, it is our view that Abbotsford can also be considered part of the metropolitan area of Vancouver. ... The metropolitan area of Edmonton was considered in the case of Kraushar v. ...

Principal Issues: whether a health spending account with a 24 month plan year has sufficient risk to be considered a phsp Position: provided that expenses incurred before or after the plan year cannot be claimed against credits incurred in the plan year, the plan effectively has a carryforward of 12 months for credits and no carryforward of expenses- in such a case, it will be considered an insured plan Reasons: XXXXXXXXXX 981347 A. ... In your May letter, you describe a self-insured plan which uses a 24 month period as its “plan year,” and ask us whether such a plan contains sufficient risk to be considered a private health services plan. ... Assuming that the expenses covered by such a plan are limited to hospital and medical expenses, the plan would be considered a private health services plan. ...

The taxation of the honorarium is dependent on whether the payment is considered income from an office, employment or business. If the payment is considered business income, it is included in income under section 9 of the Act. Payments which are considered to be income from an office or employment, are included in income pursuant to subsection 5(1) of the Act. ...

Bands that do not meet these requirements can be considered on a case-by-case basis. ... Her Majesty the Queen (96 DTC 1520), the Tax Court of Canada considered the taxability of income earned by an Indian living on reserve, from investments purchased from an on reserve branch of a bank. ... While the court considered all of these factors it placed considerable weight on (g)(ii), the location of the income generating activity of the issuer of the securities. ...

Furthermore, in our view, the early retirement payments received by individuals other than self-employed individuals, would be considered other income by virtue of subparagraph 56(1)(a)(vi) of the Act. ... As stated in our earlier letter, the early retirement payments, received by self-employed individuals, considered to be earning income from business, would be required to be included in the computation of business income. ... Under the TAGS system, monthly payments received by self-employed individuals, considered to be earning income from business, were required to be included in the computation of business income. ...

Would the amount the company pays to the widow be considered a death benefit? ... Given these circumstances, you are asking if the amount the company pays would be considered a death benefit and if it would be acceptable for the company to pay an amount that is equal to the $10,000 exemption. ... If an employee dies after retirement and his or her spouse then receives such a payment in recognition of the employee's service, this payment would normally be considered to be a retiring allowance. ...

It should be noted that for purposes of the Act, life insurance corporations are considered to be public corporations. ... If the corporation is part of a group of related corporations, the combined services of their employees and the combined salaries and wages paid must be considered in making this determination. ... Due to the detail and complexity of the Regulations regarding these issues, the foregoing comments are meant only to provide an overview of the relevant provisions and under no circumstances should they be considered either comprehensive or all inclusive. ...