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Silver are considered "regularly traded" on an established securities market within the meaning of s. 897 of the Code) unless such shareholder has directly or indirectly or constructively owned more than 5% of the interests in U.S. ...

Upon the disposition of Trust units in the course of the winding-up, the unitholder generally will be considered to have received proceeds of disposition equal to the amount distributed in excess of the amount which is distributed out of income or net capital gains of the Trust for that year. ...

Those who do not make and timely-file a valid election will be considered to have disposed of their shares on a non-rollover basis. ...

Convention…the proceeds receivable on a disposition of Class A Units may not qualify as U.S. source income for purposes of the Tax Act (including for Canadian foreign tax credit purposes), and, where such Resident Unitholders are trusts, their beneficiaries may not be considered to have paid such tax for purposes of the Tax Act and, accordingly, may not be entitled to a foreign tax credit in respect of such U.S. tax for Canadian tax purposes. ... However, a purchaser of Class A Units is not required to withhold such tax if the Class A Units are considered “regularly traded on an established securities market,” regardless of whether the selling non-U.S. ... If the Class A Units are not considered “regularly traded on an established securities market” for withholding purposes, a purchaser of Class A Units will be required to withhold tax at the rate of 15 percent of the amount realized from the sale and to report and remit such tax to the IRS. ...

Eligible independent contractor rule A TRS will not be considered to operate or manage a qualified lodging facility solely because the TRS directly or indirectly possesses a licence, permit, or similar instrument enabling it to do so. ... UPREIT The REIT is considered an umbrella partnership real estate investment trust (an “UPREIT”) for U.S. federal income tax purposes. ... Publicly traded partnership rules The Operating Agreement contains provisions intended to ensure that the OP is not considered a “publicly traded partnership”. ...

High River shareholders who elect for the GDRs will be deemed to have elected to receive Nordgold's Regulation S GDRs rather than its Rule 144A GDRs, except where it is considered reasonably necessary by Nordgold or the GDR depositary (including in response to a High River shareholder request) to issue Rule 144A GDRs in order to comply with applicable laws. ...

Discussion of consequences if the Convertible Notes are considered to be issued at a discount. ...

Where the Corporation pays cash pursuant to the cash conversion option, the resident holder will be considered to have disposed of the debentures for such cash consideration (except any interest received in satisfaction of interest). ...

Withholding issue for non-residents on conversion "In the event that a Debenture is converted into Common Shares pursuant to the Non-Canadian Holder's conversion privilege…or is purchased by any other resident…of Canada (a "Canadian Transferee")…for an amount which exceeds, generally, the issue price thereof, all or a portion of such excess may be deemed to be interest and may be subject to Canadian non-resident withholding tax. if: (i) all or any portion of such interest is participating debt interest and (ii) the Debenture is not considered to be an "excluded obligation"…. ... The CRA has stated that such excess would not be considered to be participating debt where the relevant debenture is a "traditional convertible debenture"…. ...

" Reclassification Reclassification of the Series 1 Preferred Units inot Series 2 Preferred Units would be considered by CRA to be a disposition if there were a significant change in the holder's rights and obligations, including in the percentage of profits. ... Non-residents The General Partner intends to conduct the affairs of the Partnership of Holding L.P. such that non-resident holders are not considered to be carrying on business in Canada. ...