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15 November 2018 External T.I. 2017-0706531E5 - Research awards for undergraduate students

In order for a payment to be considered a research grant, the terms of the payment must establish that its primary purpose is to enable the recipient to carry out research. ... It is understood that research might be conducted in pursuing this goal, but unless research is the primary objective, this would not preclude the amount from being considered a scholarship or bursary for purposes of subparagraph 56(1)(n)(i) of the Act. ... The following questions need to be considered: Was the XXXXXXXXXX paid to the recipient by the University as compensation for work or student assistance? ...

3 October 2019 External T.I. 2019-0809641E5 - Transfer of benefits to a UK SIPP

If no employer contributions have been made to a foreign retirement plan, the plan will not be considered a pension plan, nor an EBP. ... In our view and regardless of the taxpayer’s age, the taxpayer would be considered to have constructively received the benefit on the basis that, by virtue of the transfer, the benefit has been set apart for the taxpayer. Therefore, the taxpayer would be considered to have received the benefit in the year of the transfer and would be required to include the amount of the benefit in income under subparagraph 56(1)(a)(i). ...

25 February 2021 Internal T.I. 2020-0854801I7 - Personal protective equipment (PPE) & face masks

Therefore, in order to qualify under paragraph 5700(c.1) of the Regulations, a face mask must, among other things, be considered an air filter or purifier. ... (footnote 1) To that effect, medical masks and N95 respirators are considered Class I medical devices under Health Canada’s Medical Devices Regulations. ... (footnote 3) It is a question of fact whether a particular face mask would be considered an eligible device that would qualify for the purpose of the METC. ...

23 January 1990 External T.I. 74120 F - Capital Cost Allowance for Fixed and Portable Asphalt Plants

Is the asphalt produced from a fixed plant location considered to be a good sale for the purposes of the manufacturing incentives claimed, in view of the fact that the asphalt is used by the taxpayer in performing its road paving contracts? ... Therefore, as indicated in paragraph 7 of IT-411, where asphalt is manufactured on-site by a portable asphalt plant, this activity is considered to be construction and the plant will qualify as class 10(h) and not as class 29. Where the asphalt is manufactured at the corporation's fixed plant location, this activity will be considered manufacturing and processing. ...

11 January 1988 Income Tax Severed Letter 7-1603 - Interpretation Bulletin Project Number 1386 Lease-Option Agreements, Sale-Leaseback Agreements Revision of IT-233R

A transaction that takes the form of a lease is usually not considered a sale under provincial law, since the form of a transaction is generally determinative of its nature. Nevertheless, form will be disregarded if it is not considered to reflect the true legal rights of the parties to the agreement. ... In these circumstances, the provisions of subsection 16(1) and paragraph 20(1) of the Act are generally considered applicable to the lender and borrower respectively in the calculation of their income. ...

14 April 1989 Income Tax Severed Letter

Advances to other corporations within a corporate group are generally considered to be cash or near cash. ... Cash proceeds received upon the sale of a business property which are to be used for the purchase of another business property will not be considered to be a business property. ... In such as case, the increase in the net value of the business asset would be considered a prohibited acquisition of net assets in contemplation of the intended butterfly. ...

23 January 1990 Income Tax Severed Letter AC741207 - Capital Cost Allowance for Fixed and Portable Asphalt Plants

Is the asphalt produced from a fixed plant location considered to be a good sale for the purposes of the manufacturing incentives claimed, in view of the fact that the asphalt is used by the taxpayer in performing its road paving contracts? ... Therefore, as indicated in paragraph 7 of IT-411, where asphalt is manufactured on-site by a portable asphalt plant, this activity is considered to be construction and the plant will qualify as class 10(h) and not as class 29. Where the asphalt is manufactured at the corporation's fixed plant location, this activity will be considered manufacturing and processing. ...

17 May 2023 IFA Roundtable Q. 6, 2023-0964351C6 - Application of the Canada-US Treaty

US LP is considered a flow-through entity for U.S. income tax purposes, but is not disregarded. ... LLC is not considered to be a resident of the U.S. for purposes of the Treaty. ... For purposes of applying Article XI of the Treaty, interest payments made by US LLC 2 to US LP will be considered to be derived by the members of US LP in proportion to their share of the income of US LP. ...

Grenon v. The Queen, 2021 TCC 30

Having considered the written and oral submissions of the respective parties and having considered the requirements of subsection 89(1) of the Rules, the Court hereby rules that the Affidavit of Helen Little is admissible. [125] It establishes the birthdates of the minor Investors in the 2003 and 2006 series of Income fund. ... Minister of National Revenue [1992] 1 C.T.C. 2535 (“ Gupta ”) the Tax Court of Canada considered the difference between a “prospectus” and an “offering memorandum” and indicated as follows: 56. ... Section 245(3) merely removes from the ambit of the GAAR transactions that may reasonably be considered to have been undertaken or arranged primarily for a non-tax purpose. ...

18 February 1998 Internal T.I. 9712976 - PERMANENT ESTABLISHMENT - MANAGEMENT CONSULTING COMPANY

Position: With respect to the longer term contracts, the company would be considered to have a permanent establishment in Canada. ... The court considered that both the collection of data and its analysis were essential business activities of Creole. ... Such space will be considered a fixed place of business and, hence, a permanent establishment of the enterprise. ...

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