Search - considered

An amount may be considered received by a taxpayer under circumstances other than when he has it physically in hand. ... It is also considered to be constructively received where the amount is credited to an account, on the taxpayer's behalf, to which he has relatively unrestricted access. ... However, since the individual's entitlement to current or prior year benefits is not determined until the application is received and approved no amount can be considered received in those prior years. ...

A at January 31, 1990, is considered "earned income" for the purposes of a Registered Retirement Savings Plan (RRSP) contribution. ... Thus the portion of the allocated income that can be considered to be from the partnership business during the period from February 1, 1989, to July 1, 1989, would be considered "earned income" for the purposes of a RRSP contribution, if Mr. ... We agree that if the residual interest has a negative adjusted cost base at January 31,1990, after the allocations, this will be considered a capital gain. ...

Thus we are providing you instead with our general views as to when cash or near cash property held by a company will be considered to be used in the course of an active business. ... Cash balances which accumulate and are then depleted in accordance with the annual seasonal fluctuations of an ongoing business will generally be considered to be used in the business but a permanent balance in excess of the company's reasonable working capital needs will generally not be considered to be so used. 7. ... In the Department's view, cash and near cash assets held to offset the non- current portion of long term liabilities will not generally be considered to be used in the business. 9. ...

The fact that an individual has or has not applied for landed immigrant status will not alone cause or prevent a determination of factual residence status (ie. it is just one of the many facts that must be considered). ... Due to the temporary nature of your stay in Canada, you may be considered a resident of both Canada and the United States. ... Where you are considered a resident of both jurisdictions, Article IV (copy enclosed) of the treaty provides a tie-breaker rule that will determine, for purpose of interpreting the treaty, in which country you will be considered resident. ...

In order to be considered a reimbursement, the arrangements must specifically provide for reimbursement of the performer's expenditure. ... In general, it would, appear that contracts for a fixed fee would not be considered a reimbursement, and in fact only a cost plus, or similar contract, which specifically calls for a reimbursement of specific expenditures would be considered a reimbursement for the purpose of Regulation 2902. 7. ... Therefore, it will he necessary for the taxpayer to exhibit a degree of control over the service performance and/or participation in the results of the research to order for it to be considered a qualified expenditure. ...

In order for the amounts to be considered death benefits they mut be paid in recognition of the deceased employees services to XXXX. ... If this view could be sustained, the payments would be considered as gratuitous payments by XXXX and therefore tax-exempt in the widow's and/or children's hands. ... However, it is our view that there is a possibility that the amounts could be considered as gratuitous payments on behalf of XXXX If subsection 6(1) does not apply to the amounts, they will be considered tax- exempt receipts to the recipients, as it is our opinion that paragraph 56(1)(a) will not apply to the payments. ...

In the process of revising the bulletin with respect to other issues the decision was made to delete the statement because it was considered to be a contentious issue and that its presence might spark debate on the subject. ... If the parking benefit were considered to be in relation to the use of an automobile then it would clearly be affected by the provisions of subparagraph 6(1)(a)(iii) of the Act. ... All of the above comments should be considered in determining the significance of the statements in the Report. ...

Where the taxpayer can show that all or substantially all (90% or more) of its revenue in the current year is from the prosecution of SR & ED, the prosecution of SR & ED would generally be considered to be a business of the taxpayer to which SR & ED is related. 2. Paragraph 37(7)(e) of the Act requires that a taxpayer derive all or substantially all of its revenue from the prosecution of SR & ED in order for SR & ED to be considered to be a business of the taxpayer. ... As it is a question of fact whether a taxpayer derives all or substantially all of its revenue from the prosecution of SR & ED, all facts will be considered, however, in our opinion, the operation of a different business earlier in the taxation year is likely to adversely affect the determination. 3. ...

Whether a peat business would be considered farming under subsection 248(1) of the Act. 2. ... In answer to your first question we should point out that whether a particular business operation is considered to be the carrying on of a farming business is a question of fact that can only be determined after a review of all of the related facts at a particular time. ... Generally, the harvesting of peat is considered to be more in the nature of mining than of farming. ...

XXXX This portion is considered to be capital cost to the investor and a selling expense to the promoter. Most costs of merchandising a MURB are usually incurred before the investor owns his unit. (2) The timing of the legal expenses and the initial service and financing fee should be considered in relation to the time that the investor is considered to own his unit. ... The reasonableness of these fees should be considered as they represent in total XXXX of the mortgage debt. ...