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Position: ABIL cannot be claimed, since the debt, if any, arising from the payment of unremitted source deductions is not considered to have been acquired for the purpose of gaining or producing income from a business or property. ... In addition, the guarantee is considered to have been given for the purpose of enabling the corporation to earn income that may result in dividends to the guarantor. ... Such amounts are not considered to be disbursements incurred for the purpose of producing income. ...

The central management and control of an organization is usually considered to be exercised by the group that performs the function of a board of directors of the organization. ... Where an organization, which would otherwise not be considered to be resident on reserve, is asserting that it satisfies the definition because it holds its board of directors meetings on reserve, it should generally be considered to satisfy the definition where management and control over the organization is legitimately exercised during those meetings. ... Nevertheless, in our view, in a situation where the board of directors meet on reserve, albeit different reserves, at which decisions are made which direct an organization's operations, such an organization would generally be considered resident on reserve. ...

In addition, paragraph 4 of IT-254R2 sets out special circumstances in which certain time in port on board a vessel is considered to be time "at sea" for the purposes of the exemption. ... Alternatively, he may only have received one meal but was considered by his employer to have been provided with three meals. ... Paragraph 4 of IT-254R2 describes special circumstances in which certain time in port on board a vessel is considered to be time "at sea" for purposes of the exemption. ...

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. ...

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. ...

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. ...

Capital Gains If the terms of a trust indenture or a statutory act governing the trust do not provide that capital gains are to be considered income for the purposes of the trust, then capital gains arising in the trust are considered to be capital of the trust under trust law. ... We considered your representation that beneficial ownership of the trust funds remains with the cemetery owner and thus the capital gains should be allocated to the cemetery owner rather than being taxed in the trust. ... Since the capital contributed to a Care and Maintenance Fund by the cemetery owner can not be returned, the cemetery owner would not be considered the owner of the property for income tax purposes. ...

This issue was considered by the Supreme Court of Canada in the Nowegijick v. ... From the information presented, it is likely that OPCO 1 would be considered resident on the reserve, however, more information may need to be obtained to resolve this issue. ... Factors to be considered in applying this test include the required investments to be made by the individual, permanency of the relationship, and the skill required by the individual. ...

The Department has stated in paragraph 11 of IT-73R4, that the expression "principal purpose" is considered to be the main or chief objective for which the business is carried on. ... Paragraph 12 of IT-73R4 states: "A corporation which operates a hotel is generally considered to be in the business of providing services and not in the business of renting real property; accordingly, the business is considered to be an active business rather than a specified investment business. ... The issue of whether property was used or held by a corporation in the course of carrying on a business was considered by the Supreme Court in Ensite Limited v. the Queen, 1986 CTC 459. ...

Such a request must be made in writing within two years from the end of the calendar year in which the amount was paid. 4 For example, for amounts remitted in 1994, only those requests received before 1997 will be considered for refund. ... As a result of amendments to the Canadian Copyright Act in 1988 a computer software program is considered a literary work, and pursuant to subsection 3(1) of that Act, the owner of the copyright has the sole right to produce or reproduce that program. ... In this regard it should be noted that the right to make back-up copies as provided by the Copyright Act is not considered a right to produce or reproduce for the purposes of subparagraph 212(1)(d)(vi) of the Act. ...