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Based on the available information, we would conclude that a Luxembourg SECPA would be considered a foreign “corporation” for the purposes of paragraphs 95(1)(d) of the Act. ... Principal Investors Reasons • Whether societe en commandite par actions in Luxembourg would be considered “corporations” for the purposes of 95(1)(d). • Yes. ...

We refer you in particular to paragraph 1 where it suggests that in circumstances similar to your proposed transaction that the property may not be considered to vest indefeasibly where another person has immediate or future benefit from the property. On the other hand paragraph 8 or IT-449R contains a number of examples which describe some circumstance in which property is considered to vest indefeasibly. ...

Pursuant to paragraph 96(1)(f) of the Act, the income of the partnership is considered to retain its identity when flowing through to the partners. ... Subparagraph 115(1)(b)(iv) of the Act describes the condition which would require shares of a public company to be considered “taxable Canadian property”: “a share of the capital stock of a public corporation if...not less than 25% of the issued shares...belonged to the non-resident person, to persons with whom the non-resident person did not deal at arm's length...” ...

It is our view that a stock split which does not increase the appropriate stated capital account is not considered to result in a share issue. ... The comments expressed are not advance income tax rulings and are not considered binding on the Department, in respect of any taxpayer, in accordance with paragraph 24 of Information Circular 70-6R dated December 18, 1978. ...

In addition, you want to know if we agree that the beneficiary would not be considered to have disposed of his income interest in the trust paragraph 248(8)(c) of the Act notwithstanding that the release or surrender described above might also be considered to be a "renunciation" for purposes of paragraph 6 of IT-385R. ...

In situations where the provisions of section 80.2 of the Income Tax Act apply, the royalty recipient would be considered t be subject to a Crown royalty. If the terms of a royalty agreement are such that the recipient agrees to reimburse the payor out of the amount of his royalty for Crown charges of the payor, then section 80.2 of the Income Tax Act would apply and the royalty recipient would himself be considered to be subject t a Crown royalty and have paid an amount described in paragraph 18(1)(m) of the Act equal to the amount of the reimbursement. ...

Accordingly, in the above situation, where there is only one employee covered in the plan and as the plan is not a private health services plan, we are of the view that the plan would not be considered to be health and welfare trust and the exception in subparagraph 6(1)(a)(i) of the Income Tax Act)the "Act") would not be applicable. ... As a consequence, the individual would be considered to be in receipt of a taxable benefit under subsection 15(1) of the Act. ...

Would renovation of a capital nature to an existing building be considered as "the acquisition of a building"? Would alterations such as building an extension or addition, to an existing building be considered as "the acquisition of a building" for this purpose? ...

In paragraph 31 of IT-64R2, the statement was made that paragraph 251(5)(b) will not be considered to apply to a right of first refusal or a "shotgun arrangement". ... In IT-419, the Department states that paragraph 251(5)(b) will not be considered to apply to a right of first refusal. ...

The reply given at that time was as follows: "The applicability of subsection 75(2) cannot be based on a single factor but must be determined on the basis of all relevant terms and conditions of a trust and any loans or transfers of property to it. (1) In this first situation, a genuine loan to a trust would not, in and by itself, be considered to result in property being held in the trust on the conditions listed in paragraphs 75(2)(a) and (b), assuming that the loan is outside and independent of the terms of the trust. The department's views on the conditions to be met for a loan to be considered genuine are discussed in paragraph 8 of Interpretation Bulletin IT-258R2 and paragraph 3 of IT-260R. ...