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If the funding taxpayer receives, in consideration for a reasonable royalty payable to such a researcher, the exclusive rights to manufacture and distribute in Canada products made as a result of using those rights, the funding taxpayer would normally be considered to be entitled to exploit the results of the SR&ED performed. ... In such a case, the funding taxpayer would still normally be considered to have met the “entitled to exploit” test. ... In order to do so, the results of the SR&ED must be considered to have a direct and beneficial application in a business that is carried on by the taxpayer in the year by leading to or facilitating an extension of that existing business. ...

The actual lease payments are considered to be blended payments of interest and principal. ... As you note, the Investment Tax Credit will be considered in the (b) amount since it reduces the amount of capital cost on which the capital cost allowance may be claimed. ... None of these provisions are considered in calculating the (a) amount but, of course, will be factors in determining the (b) amount. ...

7 January 1991 Income Tax Severed Letter- Disposition of Securities- Income vs Capital Unedited CRA Tags 39(4), IT-479R Subject: XXX Disposition of Securities Income vs Capital This is in reply to your memorandum of December 7, 1990, requesting our opinion as to whether the disposition of securities in 1986, 1987 and subsequent years by the taxpayer named above should be considered on behalf of income or capital. ... XXX Our Comments Generally, the representative of a stock brokerage firm will not be considered as being a “trader or dealer in securities”. ... Consequently, it is our opinion that the taxpayer can be considered a trader and the transactions should be reported on account of income. ...

" Interest from guaranteed investment certificates and other interest bearing certificates, such as treasury bills and bonds, is not generally considered to be earned on a reserve. Although the financial instrument may have purchased through a bank or trust company located on the reserve, the interest is considered to be earned and paid from the payor's principal place of business (which is often the issuer's head office). For example in the case of a government bond, regardless of where purchased, the interest will be considered earned in and paid from Ottawa. ...

The Department has not modified its position as described in the aforementioned Interpretation Bulletin and we confirm that, where property is transferred to a corporation as an agent for the shareholder, the latter will be considered the owner of the property for income tax purposes even if a trust is settled. ... Subject to our previous comments that the Band itself is not the proper party for tax purposes, we agree that if Bandco is a bare trustee or agent for Indians then the rent would be considered income of the Indians and would be exempt from income tax, and Interpretation Bulletin IT-216 would apply. ... Again, we agree that business income earned by Bandco will be considered the income of the Indians if an agency relationship or bare trust between Bandco and the Indians exists. ...

Assuming that an expenditure is capital in nature, a determination must be made whether the refurbished equipment can be considered new property in that property that has been used before it was acquired by the taxpayer can not be included in class 34 (unless the property had been included in class 34 by the person from whom it was acquired). Property considered to be new will not, for purposes of paragraph (i) of class 34, be considered to have been used before it was acquired by the taxpayer. ...

That is, to be considered an owner of a film, a taxpayer must acquire sufficient interests of that bundle of rights that would permit the taxpayer to obtain real and effective control of the film. ... Where the interchangeability is not easy or likely, the less likely of the two rights would be considered an ancillary. ... In such a case, the Producer would be considered to have previously disposed of the Films to those parties rather than to the taxpayer. ...

The only remaining criteria at issue is whether the student can be considered to be in full-time attendance at the university under the circumstances described. ... The latter cases led to the inclusion of comments in paragraphs 10 and 11 of IT-516 (formerly IT-82R3) that a student in post-graduate studies will be considered to be in full-time attendance if the educational institution being attended regards her/him as such and that a student participating in post-graduate studies on a regular basis would be considered in full-time attendance even though the requirement for attendance in the classroom is minimal. ...

Assuming the taxpayer carries on a business, paragraph 2 of the Interpretation Bulletin IT-290 lays out the criteria to be considered for determining principal business status. The criteria to be considered are as follows: (a) the profits realized by each one of a corporation's businesses; (b) the volume and the value of the gross sales or transactions of each business; (c) the value of the assets of each business; (d) the capital employed in each business; and (e) the time, attention and efforts expended by the employees, agents or officers of the corporation in each business. Although none of the above criteria may be sufficient in or by themselves, they should be considered in determining whether a taxpayer's rental or leasing business is its principal business. ...

Due to the length of time spent in the United States, you may be considered a resident of both Canada and the United States. ... Where you are a resident of both jurisdictions, Article 4 of the treaty provides “tie- breaker rules” that will determine, for purpose of interpreting the treaty, in which country you will be considered resident. 4. ... If you have a permanent home available to you in both countries, then you would be considered a resident of the country with which your personal and economic relations are closer (centre of vital interests). ...