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Position: Property can still be considered a replacement property under subsection 44(5) of the Act. Reasons: The fact that a property is purchased under a business expansion will not, in and by itself, mean that it cannot be considered a replacement property. ... Can the new XXXXXXXXXX, new XXXXXXXXXX and residence all be considered replacement properties for the old XXXXXXXXXX? ...

Principal Issues: Is an amount paid by a farmer to his spouse considered a reasonable retiring allowance given that the spouse worked for XXXXXXXXXX years but was unpaid during XXXXXXXXXX years.? Is an amount paid considered a reasonable bonus? Position: Yes, in both cases. ... The amount of $XXXXXXXXXX will be deductible by the Employer in computing income from the business of farming for the year in which it is paid and will be considered reasonable for the purposes of section 67 of the Act. ...

To qualify for tax-exempt status under paragraph 149(1)(c) of the Act, the entity would have to be considered a public body performing a function of government. ... In addition to performing a function of government, paragraph 149(1)(c) of the Act also requires the entity be considered as a "public body". The term "public body" is not defined in the Act and must, therefore, be considered to have the meaning assigned to it by dictionaries and common usage. ...

A gain arising on the sale of real estate may be considered to be business income or a capital gain. ... This definition can cause an isolated transaction involving real estate to be considered a business transaction. ... However, in making such determinations, the courts have considered different factors. ...

An individual is considered to be resident in a particular province where he or she has significant residential ties. Although in some cases an individual could be considered to be resident in more than one province on December 31 of a particular taxation year, for the purposes of computing his or her provincial tax payable, such an individual would be considered to be resident only in the province where he or she has the most significant residential ties. ... However, you may also be considered as a resident of the province of Quebec if, on December 31 of the 2004 taxation year, you have another dwelling place in XXXXXXXXXX and your spouse resides in XXXXXXXXX. ...

As such, these payments cannot be considered to be "support" for purposes of the Act, which means that there is no deduction available to the payer spouse under the Act. 2. ... The court order makes it reasonably clear that the pension is considered matrimonial property, the value of which must be considered in arriving at the equalization of property payment. ... As such, these payments cannot be considered to be "support" for purposes of the Act, which means that there is no deduction available to the payer spouse under the Act. ...

Further, an income tax ruling can only be considered where the transactions are proposed and are submitted in the manner set out in Information Circular 70-6R5. However, we have considered your enquiry and provide the following comments, which are of a general nature only. ... Full-time Administrative Service From our review, it appears that only the position of XXXXXXXXXX can be considered engaged exclusively in full-time administrative service by appointment of a religious order. ...

Will the farmland be considered "qualified farm property" of particular individuals for purposes of subsection 110.6(1) of the Act. ... In addition to meeting the above requirements, Mother, Father and Son's interests in the partnership must be considered an interest in a family farm partnership. ... You enquire whether the farmland may be considered "qualified farm property" of Mother, Father and Son for purposes of subsection 110.6(1) of the Act. ...

In this regard, use of an employer-provided motor vehicle by an employee to travel between his or her home and regular place of employment is considered personal. ... However, where the employee proceeds directly from home to a point of call other than the employer's place of business to which the employee regularly reports or returns home from such a point, use of the vehicle is not considered personal. ... It is important to note that an employee may be in receipt of a taxable benefit for the personal use of an employer-provided motor vehicle even when the vehicle is not considered to be an "automobile" as defined in section 248(1) of the Income Tax Act (the "Act"). ...

Some of the criteria, which should be considered in making this determination, are set out in Interpretation Bulletin IT-322R. ... Further, that paragraph indicates the requirement is considered to have been met when the person is actively engaged in the management and/or day-to-day activities of the farming business. ... Whether an activity is considered to be carried out on a regular and continuous basis is also a question of fact, but an activity that is infrequent or activities that are frequent but undertaken at irregular intervals would not meet the requirement. ...