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Position TAKEN: The issue was considered on a general basis. Two possible approaches were suggested. ... For the purposes of determining the extent that the cruise costs of a self-employed professional are deductible, we have considered two general approaches. ... In addition, the convention site and its climatic allure was also considered to be relevant where the convention was oriented towards attracting pleasure seekers. ...

An expenditure will be considered to have been made at the time a payment is made unless the taxpayer has entered into a legal obligation to make a future payment(s). ... While it might be argued that the $9,000 per month is merely a rental expense, in our view, it is not the individual payments which have to be considered but rather the total obligation to pay in relation to that which was acquired, namely, "a right or licence to use systems software" for a period of 5 years. ... In which case, it is the sum total of the entire obligation that has to be considered at the time of making the obligation as to whether it is a current expense or whether it will accrue some benefit for a future year(s). 2.In order to be considered an amount in respect of depreciable asset (right or license to use software), it is only necessary to establish that some part of the amount relates to use in a future year(s). ...

It should be noted that for purposes of the Act, life insurance corporations are considered to be public corporations. ... A corporation's business will be considered to have been carried on in Canada if at least 50% of its employees are engaged in the business in Canada or at least 50% of its salaries or wages are paid for services provided in Canada in respect of the business. If the corporation is part of a group of related corporations, the combined services of their employees and the combined salaries and wages paid must be considered in making this determination. ...

Some of the criteria that 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. ... Whether a property is considered to have been used in the course of carrying on the business of farming is dependent on when the property was last acquired by the individual. ...

Where the Taxpayer contributes the shares to an employee's RRSP account, the value of the shares at the date of the contribution will be considered to be a contribution by the employee to an RRSP. ... Payments made under the HSSA account to eligible participants as reimbursements for eligible medical expenses will not be considered a taxable benefit. ... No amount will be considered to be constructively received by any eligible participant as a result of an election by the eligible participant to receive HSSA credits. ...

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? ...

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). ...

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. ...

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.  ...

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. ...