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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.       ...

(c)     Can a company with no liabilities be considered insolvent for purposes of subsection 50(1)(b)(iii)?      We are of the opinion that a corporation with no liabilities generally cannot be considered to be insolvent.  ... The opinions expressed herein are not advance income tax rulings and, in accordance with paragraph 24 of Information Circular 70-6R, are not considered binding on the Department. ...

Answer to Question 5 The application of subparagraph 212(1)(b)(vii) must be considered as at the time the interest is paid or credited or is deemed by Part 1 to be paid or credited. ... Generally the term “payable” as used in this subparagraph is considered by the Department to mean accrued and owing. ... Will such a provision be considered as not affecting any exemption otherwise available under 212(1)(b)(vii)?” ...

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, 15 considered a permanent resident of the non-prescribed area. 2. ...

Answer to Question 5 The application of subparagraph 212(1)(b)(vii) must be considered as at the time the interest is paid or credited or is deemed by Part 1 to be paid or credited. ... Generally the term "payable" as used in this subparagraph is considered by the Department to mean accrued and owing. ... Will such a provision be considered as not affecting any exemption otherwise available under 212(1)(b)(vii)? ...

If the payments do constitute qualified expenditures, would the reimbursement by the U.S. parent be considered either a "contract payment" or "non-government assistance" as defined in subsection 127(9) of the Act? ... However, should CANCo not be acting as an agent of NRCo, payments made by CANCo would normally be considered an expenditure made by CANCo for the purposes of that subparagraph. ... In addition, the amounts received by those Canadian researchers would not be considered contract payments as they are payable by a non-resident person not subject to Canadian income tax. ...

(c) Can a company with no liabilities be considered insolvent for purposes of subsection 50(1)(b)(iii)? We are of the opinion that a corporation with no liabilities generally cannot be considered to be insolvent. ... The opinions expressed herein are not advance income tax rulings and, in accordance, with paragraph 24 of Information Circular 70-6R, are not considered binding on the Department. ...