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The central management and control of an organization is usually considered to be exercised by the group that performs the function of a board of directors of the organization. ... Where an organization, which would otherwise not be considered to be resident on reserve, is asserting that it satisfies the definition because it holds its board of directors meetings on reserve, it should generally be considered to satisfy the definition where management and control over the organization is legitimately exercised during those meetings. ... In such instances, the employment income will not be considered to be connected to a reserve, even though all the stated criteria of one of the Guidelines may be met. ...

A distribution by the corporation to the deemed inter vivos trust, described in subsection 143(1), will not be considered to be a dividend and will not ordinarily constitute a taxable event. 3. ... Finally, you inquire whether it is the trust or the corporation that would be considered to be disposing of a property of the corporation, if, after the acquisition of control, such property is disposed of. ... Consequently, a distribution by the Corporation to the trust will not be considered to be a dividend and will not ordinarily constitute a taxable event (as it would be a transfer of property within the same inter vivos trust). ...

Accordingly, an amount received by the employee on account of his retirement in such circumstances would not be considered a retiring allowance. It is to be noted that the question of whether an employee has really suffered a loss of employment can only be determined after all the facts and the terms and conditions of the contract have been considered. XXXXXXXXXX It is our opinion that in such circumstances the amount paid could be considered a "retiring allowance" as that expression is defined in subsection 248(1) of the Act. ...

It should be noted that for purposes of the Act, life insurance corporations are considered to be public corporations. ... A corporation's business will be considered to have been carried on in Canada if at least 50% of its employees are engaged in the business in Canada or at least 50% of its salaries or wages are paid for services provided in Canada in respect of the business. 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. ...

A corporation's business will be considered to have been carried on in Canada if at least 50% of its employees are engaged in the business in Canada or at least 50% of its salaries or wages are paid for services provided in Canada in respect of the business. 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 are they to be considered to be either comprehensive or all inclusive. ...

., XXXXXXXXXX Your main concern is that the mandatory inventory losses in paragraph 28(1)(c) of the Income Tax Act may eliminate the XXXXXXXXXX loss unless both operations are considered to be one business. ... As discussed (Albert\XXXXXXXXXX), we also assume that this corporation has been incorporated in Canada and that it is considered resident in Canada. ... When determining whether business operations are of the same kind, the principal factor to be considered is the type of business that a taxpayer is in. ...

Does the Department of National Revenue think that the partners' activities were sufficiently developed for them not to be considered as specified members? ... Based on the facts described above, it seems to us that the members' activities do not meet the criteria mentioned earlier and accordingly they would be considered "specified members". ... In your memorandum you mentioned that if XXXXXXXXXX and the other partner (XXXXXXXXXX) are considered to be specified members there would be no active partners and the ITC on the eligible SR&ED will not be available to either partner. ...

LAW A U.S. 401(k) plan is considered a pension plan for purposes of the Income Tax Act (the "Act"). ... If this exception applies, the foreign pension plan will be considered an EBP for purposes of determining the tax consequences to the employee for the 1991 taxation year and with respect to receipt of amounts out of the plan attributable to contributions made in 1991. ... Proposed Law Under proposed subsections 207.6(5) and (5.1), the contributions will be subject to the RCA rules if made to a paragraph (l) plan and if the contributions may reasonably be considered to have been made in respect of services that were primarily rendered in Canada or were rendered in connection with a business carried on by the employer in Canada (or a combination of such services). ...

However, depending on the facts, there are instances that such a taxpayer may be considered to be ordinarily resident in Canada under subsection 250(3) of the Act. Where a taxpayer is considered to be ordinarily resident in Canada, the provisions of paragraph 250(1)(a) of the Act would not be applicable. ... If such space is provided on a lengthy, continuous or recurring basis, the U.S. company may be considered to have a fixed place of business (i.e. a permanent establishment) in Canada. ...

A deposit left with a securities broker may be considered as being a cash deposit if it is left in that form for only a short period (one or two days). A margin deposit would otherwise be considered as a debt security and would not generally qualify as a security or a marketable security. ... This was considered to be an unintentional result and we therefore agreed not to apply those provisions where the foreign currency was converted to Canadian currency or used to acquire a qualified investment within a reasonable period of time. ...