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The deemed disposition resulting from the TFSA de-registration is not considered a distribution under the TFSA. ... As a result, the TFSA trust would be considered to have “borrowed money”. ... If considered a distribution, the amount would be added back to the taxpayer’s TFSA contribution room in the following year. ...

The statement contained in this Technical Interpretation to the effect that “any gains or income attributable to the period prior to such date [i.e. the date that the taxpayer acquired both the legal and beneficial ownership of the property] would not be taxable in Canada since such amounts would be considered to meet the criteria of being considered a windfall” was based on the decision in The Queen v. ... The court also adopted, in this decision, the relevant indicia to be taken into consideration in determining whether or not a payment could be considered a “windfall”. ... It is our view, based on Bellingham and Lavoie, that if a taxpayer has any rights to claim a payment or a property, even remotely, the value of the property received would not be considered a windfall. ...

Position: 1) Usually considered as income taxable pursuant to subsection 9(1) of the Act. 2) Where the transaction is considered a SLA pursuant to subsection 260(1) of the Act, the tax consequence is governed by the provisions of subsections 260(5) and (6) of the Act. ... " The tax consequences of a short sale transaction depends on whether it is considered a securities lending arrangement (a "SLA") as defined in subsection 260(1) of the Act. ... We provide below our comments on the tax consequences when a transaction is not considered a SLA and when it is. ...

If the answer to this question is sufficiently clear, then the following question should be considered. 2. ... Under this program, it is likely that at least a portion of the Assistance paid would be considered POD for the property. ... When compensation is received for the loss or destruction of capital property, the amount of the compensation is considered to be proceeds of disposition received on the disposition of that property, whereas any compensation received for the loss or destruction of inventory or for loss of profits is considered to be income from carrying on a business or income from property, as appropriate. ...

It consists of XXXXXXXXXX None of these changes which are meant to deal with the changes in law are relevant with respect to the rulings and opinions given which are considered routine. ... XXXXXXXXXX 962523 Attention: XXXXXXXXXX XXXXXXXXXX, 1996 Re: XXXXXXXXXX Advance Income Tax Ruling This is in reply to your request of XXXXXXXXXX as revised by your facsimile transmission of XXXXXXXXXX, for an advance income tax ruling on behalf of: XXXXXXXXXX You advise that to the best of your knowledge and that of XXXXXXXXXX and the General Partners: (a)none of the matters considered in the requested Ruling are being considered by a district tax services office or a taxation centre of Revenue Canada, Customs, Excise and Taxation ("Revenue Canada") in connection with a tax return already filed; and (b)none of the matters considered in the requested Ruling is under objection or appeal. ... (b)For greater certainty, if draft section 143.2 of the Act is enacted as proposed in the Notice of Ways and Means Motion tabled on June 20, 1996, by the Minister of Finance, and if any Investor has limited-recourse amounts that can reasonably be considered to relate to the acquisition of Units, it is our opinion that: (i) draft subsection 143.2(6) of the Act (not subparagraph 53(2)(c)(i.3)) would apply to reduce that Investor's cost of the Units, and (ii) the expenditures made by XXXXXXXXXX would also be considered to relate to those limited-recourse amounts and would be reduced by the total of such limited-recourse amounts. ...

Ct.) in which the Exchequer Court considered whether an open-pit gypsum operation was a mine in the context of "income derived from the operation of a mine" for the purpose of the three year tax exemption available at that time. ... The Quarry operation is similar to the sand and gravel operation in the case of Nomad Sand and Gravel Limited in that they are both considered as stone quarries. ... Subsequent activities such as crushing, washing, screening and sorting of the mineral material in order to make the product of the mine or pit marketable are considered to be processing activities. ...

For the purposes of determining whether the 90% or 100% test is met, the non-government person would be considered to own 20% of the shares. ... It will be a question of fact to be determined with regard to the particular circumstances as to whether a corporation will be considered to be carrying on a trade or business and if it is, whether these activities will cause the corporation to be considered to not be operated exclusively for non-profit purposes. ... Generally, where a corporation or other type of organization has very broad objectives and carries on a number of activities, some of which would be considered charitable and some of which would not be considered charitable in nature, the organization would not qualify for registration under the Act. ...

The house would be considered as having been distributed to the Estate by the Deemed Trust in satisfaction of the Estate's income and capital interests in the Deemed Trust. ... As for the Estate, it would be considered as having disposed of its income and capital interests in the Deemed Trust. ... As for the Spouse, she would be considered to have disposed of her income and capital interests in the Deemed Trust. ...