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Pursuant to the proposed amendments, a person will not be considered to be a "connected shareholder" of a corporation if the cost of shares in the corporation to that person and related persons is less than $25,000 and the person deals at arm's length with the corporation. ... 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 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. ...

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. ...

Position: Payments in question did not meet the provisions Reasons: Requirements of 60.1(2) not met in the case of the third party payments and the direct payments could not be considered an allowance. ... In order for payments to a third party such as mortgage payments or other household bills, to be considered an allowance payable on a periodic basis, as required by 56(1)(b) and 60(b) of the Act, they must meet the conditions set out in subsections 56.1(2) and 60.1(2) of the Act. ... In the absence of such a document, no request for a reassessment could be considered. ...

To the best of your knowledge and that of the taxpayers involved: (i)none of the issues involved in the requested rulings is being considered by a Tax Services Office or a Taxation Centre in connection with a tax return already filed, and (ii)none of the issues involved in the requested rulings is the subject of any notice of objection or is under appeal. ... ADDITIONAL INFORMATION 10.Pursuant to the Articles of Association of XXXXXXXXXX "XXXXXXXXXX. 11.As a matter of U.K. corporate law, the proposed repurchase of the XXXXXXXXXX shares, as described in paragraph 9 above, will not be considered a dividend. ... B.Any withholding tax levied by the United Kingdom in accordance with paragraph 3(a)(ii) of Article X of the Convention on the aggregate of the amount considered a distribution under U.K. tax law and the Advance Corporation Tax Credit that XXXXXXXXXX is entitled to receive with respect thereto will be considered a non-business income tax as that term is defined in subsection 126(7) of the Act. ...

We are not in a position to determine whether the course referred to above is considered to be at a post-secondary level and therefore cannot comment on whether tuition paid in respect of the course may qualify for the tuition tax credit. ... In general, to be considered "post-secondary", the course should provide a credit towards a degree, diploma or certificate and the prerequisite to taking the course would be completion of secondary school. ... Where a student pays an amount which is "tuition" within the meaning of that word directly to the Association and the Association purchases or has already paid an amount clearly identifiable as "tuition" in respect of the course to be provided by the Institution, it is our view, if the facts support such a finding, that the role of the Association may be considered that of an intermediary and thus the fees may be considered to have been paid to the educational institution by the student. ...

An employee who is provided with a vehicle by his employer will be considered to have received a taxable benefit where his or her employer provides him or her with a vehicle that is used for personal travel. ... However, in spite of such a guideline, personal travel for income tax purposes is considered to be involved if the employee is entitled to use the automobile to travel to and from his regular place of work. ... An individual's regular place of work is considered to be the place where the individual reports for work. ...

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. ... We point this out because in situations where this anti-avoidance statement applies, the employment income is not considered to be connected to a reserve even though all the stated criteria of one of the Guidelines may be met. ...

Reasons: 1.Previously-adopted position on "permanent establishments" as referred to in IT-62. 2.Previously considered. ... Income earned on a reserve by an Indian is considered exempt. Income earned away from the reserve is taxable. ... The auditor has considered the facts of the case and determined that XXXXXXXXXX business is operated mostly at a place or places that are off reserve. ...

If under the terms and conditions of the policy the disability payments cannot be made thus requiring a policy amendment or an addition of a disability rider, such a change, depending upon the facts, could be considered so fundamental a change as to constitute a new policy. ... Proceeds of the disposition of the former policy and the adjusted cost basis of the new policy would be considered, in our view, to be equal to the fair market value of the new policy. ... We note that the application of paragraph 6(1)(f) of the Act, for example, would also have to be considered. ...

Whether the water rights were acquired directly from the Irrigation District, or as part of land that was purchased, the cost of these rights was always considered to be part of the cost of the associated land for tax purposes. ... In our view, a reasonable argument can be made that the proceeds from the disposition of water rights (which can now be sold separately from the land) would be considered an eligible capital amount. Using the mirror-image test, if the taxpayer had purchased the water rights, it is likely that these rights would be considered an eligible capital expenditure, similar to other government rights. ...