Search - considered

17 October 2012 External T.I. 2012-0437691E5- Factual Resident- Missionary CRA Tags 250(3) Principal Issues: Would a Taxpayer be considered a factual resident of Canada given a particular set of facts which includes the Taxpayer performing missionary work in XXXXXXXXXX for a number of years? ... As stated in Pamphlet T4131 – Canadian Residents Abroad, where an individual is a missionary in another country and meets certain requirements, the individual can choose to be considered a factual resident even if they do not keep residential ties in Canada. ...

19 March 2013 Internal T.I. 2013-0481351I7- Receipt of Instalment Payments CRA Tags 248(7) Principal Issues: When is an instalment payment considered to have been made? ... Therefore, an instalment payment from an individual, sent to the Receiver General by first class mail or its equivalent, is considered to have been received on the day that it was sent. ...

Going forward, the CRA's 95(6)(b) Committee intends to review cases and assess whether they include a share investment or divestment in a foreign affiliate that could be considered to have been for the principal purpose of manipulating share ownership in the affiliate in order to secure a tax benefit, such as for example, a subsection 113(1) deduction for a stream of dividends. This may be the case where it could be considered that the share ownership in the foreign affiliate is transitory on the basis that it is reasonable to conclude that a subsequent disposition was contemplated at the outset. ...

" You have asked us to clarify specifically why a flow-through share is considered to be a prescribed security. ... Since subsection 66.3(3) of the Act refers to flow-through shares within the meaning assigned by subsection 66(15), a flow-through share is considered to be a prescribed share for the purposes of the definition of a Canadian security under subsection 39(6). ...

As you are aware, currently, all Canadian universities and affiliated colleges are automatically considered by the CRA to be "approved" entities. However, entities other than Canadian universities and affiliated colleges must seek and receive written approval from us as described in Chapter 11 of the "Third-Party Payments Policy" before they can be considered as "approved" for these purposes. ...

29 November 2011 November CTF Roundtable, 2011-0425931C6- 2011 CTF- Question 20 CRA Tags 248(1) "taxable Canadian property" Principal Issues: Is it required that the 25% test and the 50% test used in the definition of taxable Canadian property that is applicable to shares of a corporation listed on a designated stock exchange, be satisfied at the same time in order for shares of a corporation to be considered to be taxable Canadian property? Position: Yes Reasons: The legislation establishes that both the 25% test and the 50% test must be met at a particular point in time during the 60-month period. 2011 CTF- Question 20 Please confirm that the 25% test and the 50% test used in the definition of taxable Canadian property (TCP) that is applicable to shares of a corporation listed on a designated stock exchange must be satisfied at the same time in order for shares of a corporation to be considered to be TCP. ...

13 February 2012 External T.I. 2011-0419811E5- ELHT- Bankrupt employer Unedited CRA Tags 144.1 Principal Issues: Does an ELHT lose its status as an ELHT when the employer becomes bankrupt Position: no Reasons: A trust will be considered to be an ELHT for a taxation year, where throughout the year, the terms that govern the trust meet the requirements of paragraphs 144.1(2)(a) to (i). ... A trust that is established for employees of one or more employers is considered to be an ELHT for a taxation year if, throughout the taxation year, under the terms that govern the trust, it meets all of the requirements as set out in paragraphs (a) to (i). ...

Reasons: A limited partner is considered to carry on the business of a partnership and paragraph 96(1)(f) deems a partner to have income from the same source or sources as the partnership. ... A limited partner, like a general partner, is considered to carry on the business of a partnership. ...

Reasons: Any proposed changes to the Income Tax Act and the Income Tax Regulations would have to be considered by Finance Canada and approved by Parliament. ... Any proposed changes to tax policy or legislation would have to be considered by Finance Canada and approved by Parliament. ...

Your suggestion will be considered in our future review of the T1134 form. ... Each situation is considered on a case-by-case basis. The TSO may grant relief if satisfied that all the necessary information will still be reported. 2009-031672 Alison Campbell May 1, 2009 ...