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Paragraph 3(c) of the Interpretation bulletin indicates that neither of these events will be considered to occur when salary and benefits continue to accrue. ... In a situation such as the one you are reviewing there are two primary questions that must be considered. ... The second question to be considered is: do the continuing payments represent a payment of a retiring allowance or income from employment? ...

The Court considered the extent that Individual B should be awarded a share of Individual A’s “business asset” under paragraph 29(b) of the Family Law Act. ... The fact that the Court considered such criteria does not change the nature of the Payment. ... Subsection 15(1) of the Act would have to be considered where the transaction was not structured as a shareholder loan, dividend, employment remuneration or return of capital. ...

The individual must be under instruction and direct supervision for the fees to be considered as tuition. ... In contrast, the cost of flying time while not under instruction is not to be so considered even if the fees were paid to a qualifying educational institution. ...

The grant of the units is still considered to be solely for future services. 2. The right to an accelerated payment results in the award not being considered solely for future services. 3. ... This is because, in such a case, the units would not be considered to be solely for future services. ...

Position: While it is ultimately a question of fact and valuation, given the information available, Son should not be considered to be a "majority-interest beneficiary" of the trust. Reasons: Based on the information available, the fair market value of Son's income or capital interests in Father's Estate could not reasonably be considered to be greater than 50% of the FMV of all of the income or capital interests in Father's Estate at the relevant time. ... Accordingly, it is unlikely that the FMV of the total of Son’s respective income or capital interests in Father’s Estate could reasonably be considered to be greater than 50% of the FMV of all of the income or capital interests in Father’s Estate at the Time. ...

Reasons: (1) Loans and equity contributions would also not be considered revenue for purposes of the “gross REIT revenue” definition because these amounts could not be considered “revenue” within the ordinary meaning of the term nor under well-accepted principles of business and accounting practice. (2) and (3) ITCs, HST Rebates and volume rebates and discounts would not be considered “revenue” within the ordinary meaning of the term nor under the well-accepted business and accounting practices. ... As such, the limited partnership interest could be considered “real or immovable property” of the Trust if the Partnership satisfies the tests set out in paragraphs (a) to (d) of the REIT Definition. ... ITCs, the HST Rebate and volume rebates and discounts from suppliers would not be considered “revenue” within the ordinary meaning of the term nor under the well-accepted business and accounting practices. ...

In provinces governed by common law, “real property” is generally considered to mean land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. ... In determining whether that unit would be considered a qualifying property for that tenant, the determination would be based on whether the unit itself is considered real or immovable property in Canada that is used by the tenant in the course of its ordinary activities. ... All relevant facts and circumstances of the particular situation would need to be considered before making any determination as to whether a particular property or part thereof would be considered a SCDE. ...

Position: Question of fact, but likely yes, if the recipient is considered a qualifying student as defined in subsection 118.6(1) of the Income Tax Act. ... Based on the information available, it appears likely that the majority of students, receiving financial assistance under the PSSP and IPES, would be considered a qualifying student. ... In circumstances where the student is considered a part-time qualifying student, paragraph 56(3.1)(b) of the Act limits the scholarship exemption to the sum of the tuition and the costs of program-related materials. ...

Second, as noted in the Northern Residents Deductions Tax Guide, continuity is not considered to be broken by short term absences from the prescribed area such as vacations and temporary work assignments.  ... A married student would normally be considered a continuing resident in the place where his spouse and dependants reside. ... Similarly, there may be a situation where a student who does return to the prescribed area in the summer and during school holidays, is considered a permanent resident of the non-prescribed area. 2.      ...

The Main Purpose Test is an objective test rather than a subjective one; the application of this attribution provision is based on what "may reasonably be considered to be" the main purposes of the transfer rather than what the taxpayer intended to be the main purposes of the transfer. ... It is our view that what may reasonably be considered to be one of the main purposes of the transfer is essentially a question of fact, that can best be determined by your office since you have access to the particular facts of the situation. ... Perhaps the future reduction in dividend payments to the shareholder is the result that should be considered when using the results of the transfer to assist in the determination of the purpose of the transfer.       ...