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Generally, an expenditure is considered to be of a capital nature when an enduring benefit ensues. ... Some of the criteria which should be considered in making this determination are set out in Interpretation Bulletin IT-322R. ... As indicated in paragraph 9 of IT-433R, the crop share received by a landlord in a sharecropping arrangement is considered to be rental income and not income from farming. ...

3) Can a Tribal Council be considered a municipality in Canada? Position: 1) No, 2) Yes 3) No position given. ... In our view, for an Indian band to be considered a municipality in Canada, it would have to demonstrate that it fits within the facts of the Otineka case. ... As discussed in our earlier meeting, the CCRA has not published an opinion on whether a Tribal Council, on its own, may be considered a municipality in Canada. ...

Further, the materials claimed are considered to be expenditures of a current nature. ... Thus, inventory which is current in nature is also considered property. ... Since you indicate in your memorandum that the XXXXXXXXXX Machine is considered a current expenditure for SR&ED purposes that was acquired used, it is our view that subparagraph 2902(b)(ii) of the Regulations would apply and the property would be considered a prescribed expenditure. ...

Pursuant to the test under clause 95(2)(a)(i)(A), can the income from property earned by FA5 Subco “reasonably be considered to be directly related” to the active business activities carried on by FA4? ... Paragraphs 3 of Archived IT-206R indicates some of the factors that can be considered in order to make that determination. ... The notes further indicate that “assets will be considered to be at risk in a business where the permanent removal of such assets would have a destabilizing effect on the business.” ...

You and counsel for the former employee agree that the portion of the Payment for past disability benefits is taxable and considered a "qualifying amount" as that term is defined in section 110.2 of the Act. ... Whether a particular employer's arrangement is considered an IP, requires a finding of fact that can only be made on a case by case basis. ... Only if the answer to the first question is no and the answer to the second question is yes, will the amount received be considered a retiring allowance. ...

Finally, in order for eligible moving expenses to be considered "as or on account of moving expenses incurred in respect of an eligible relocation", they must fall within the limitations in subsection 62(1) of the Act. ... Where it is determined that a taxpayer does not ordinarily reside at a new residence, the move to that residence would be considered temporary and would not be treated as a separate move. ... Where it is determined that the taxpayer ordinarily resided at House A, House B and House C, each move would be considered a separate move (one move to House B and a separate move to House C). ...

2) Is the bonus annuity, representing interest earned, considered pension income or investment income earned in Canada? ... Specifically, you wish to know: (1) is the guaranteed annuity of $XXXXXXXXXX taxable as income to the Canadian resident or is considered a return of capital? (2) Is the bonus annuity considered investment income or pension income? ...

2010 Ruling 2009-0352121R3- Status of 149(1)(l) entity created by a Charity Unedited CRA Tags 149(1)(l), 149.1(2)(a), 188.1(1)(b) Principal Issues: Two rulings: (1) Whether Newco will be considered to be organized and operated as a 149(1)(l) entity. (2) Whether the Charity will not be considered to be carrying on a business by virtue of the consignment sale arrangement. Position: Rulings given: (1) Newco will be considered to be organized as a 149(1)(l) entity. (2) The Charity will not be considered to be carrying on a business solely by virtue of the consignment sale arrangement. ... For purposes of paragraphs 149.1(2)(a) and 188.1(1)(b) of the Act the Charity will not be considered to be carrying on a business solely by virtue of the consignment sale arrangement described in paragraph 12. ...