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29 April 2004 External T.I. 2004-0059511E5- Motor vehicle benefits Unedited CRA Tags definition of "automobile" 248(1) 6(1)(e) 6(1)(a) Principal Issues: Whether employees are subject to taxable employment benefits that are calculated on a basis other than using the "standby charge", because the pick-up trucks are not considered "automobiles" under the Act. ... You inquired whether the employees who use the pilot vehicles are subject to taxable employment benefits that are calculated on a basis other than using the "standby charge", because the pick-up trucks are not considered "automobiles" under the Income Tax Act (the Act). ... These particular trips are not considered to be of a personal nature. ...

To what extent will the loss realised on the disposition of the 50 shares be considered a "superficial loss"? Position: The loss on the disposition of 20 shares will be considered a "superficial loss". ... You ask to what extent the loss realised on the disposition of the 50 shares in the above situation would be considered a "superficial loss" for the purposes of the Act. ...

These particular trips are not considered to be of a personal nature. ... Accordingly, such travel is not considered to be personal use of the pick-up truck. ... Such travel by an Employee is not considered to be personal use of the company's pick-up truck. ...

The initial objects or purposes of the trust would be considered, but they would not shelter a MFT from the potential application of subsection 132(7) of the Act. Subsection 132(7) of the Act lists two of the elements to be considered: the terms and conditions of the units and the magnitude and nature of the interests that non-residents have in the trust. ... Industry standards would be considered in determining what is reasonable, but the analysis would not be limited to those standards. ...

Based on the wording of the proposed subclauses, and in the absence of evidence to the contrary, the entire amount deducted under subsection 66.7(2) in computing the taxpayer's income can reasonably be considered to have reduced the amount otherwise determined under clause 66(4)(b)(ii)(A). ... Therefore, in this case, in the absence of a provision within subsection 66.7(2) requiring a particular allocation, the FEDE claimed can be considered to be attributable to either source of income. In addition, in determining income for purposes of subparagraph 66(4)(b)(ii), proposed clause 66(4)(b)(ii)(C) would apply to consider the FEDE determined under subsection 66.7(2) to reduce income from production before being considered to be in respect of the disposal of successored FRP. ...

You asked: (a) if the Government acquires an interest in Canco, either in the form of direct equity ownership or through a purchase of warrants, and the Government's contributions can reasonably be considered to be in respect of SR&ED, is Canco required to treat the amount received as government assistance pursuant to subsection 127(9) of the Act, and (b) provided that the Government's specified contribution amount paid to Canco is considered to be an acquisition of an interest in Canco and is not "government assistance", whether the issuing of warrants to the Government would constitute a repayment of assistance for the purpose of the ITC? ... Since a warrant constitutes an option to acquire such a right, it is our opinion that a government or taxpayer would not be considered to have acquired a beneficial ownership interest in another taxpayer by virtue of holding warrants to acquire shares in the other taxpayer. 5. It is also our view that the exercise of an option under a warrant to purchase shares in a taxpayer, in and of itself, would not be sufficient to avoid contributions made to the taxpayer from being considered "government assistance" rather than the acquisition of an interest in a taxpayer. ...

If the points could be transferred, the fair market value would have to be considered on a case-by-case basis. ... The Act does not specify when a "transfer of property" is to be considered to have taken place. ... Each situation would have to be considered based on the specific facts. ...

Principal Issues: Can two individuals who maintain separate residences be considered to be in a "conjugal relationship" for purposes of the Act. ... Specifically, you enquire whether two individuals who maintain separate residences can be considered "common-law partners" for purposes of the Act. ... Consequently, such individuals may be considered "common-law partners" as that term is defined in subsection 248(1) of the Act. ...

Further, in determining if a taxpayer has a REOP, the following criteria should be considered:? ... The venture will be considered a source of income only if it is undertaken in a sufficiently commercial manner.? ... Question 5 Do you have any concerns that these comments seem to imply that a capital gain may be considered to be part of a source of income that is from a business or property? ...

Certain benefits provided under the worker's compensation acts may also be considered payments that qualify as a pension benefit under paragraph 56(1)(a) of the Act. ... You have asked for our comments on whether the pension payments would be considered taxable under subparagraph 56(1)(a)(i) of the Act or as worker's compensation payments taxable under paragraph 56(1)(v) of the Act. ... We recognize that certain benefits provided under the worker's compensation acts may also be considered payments that qualify as a pension benefit under paragraph 56(1)(a) of the Act. ...