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X:6 Dear Sirs: This is in answer to your letter of October 23, 1990 in which you requested we reconfirm our opinion to you of May 20, 1986 that for Canadian tax purposes the undistributed earnings of a United States “S” corporation are not considered to be income of a Canadian resident shareholder unless paid out as a dividend. ... With respect to your first query, it remains our opinion that notwithstanding the deeming provisions of the United States Internal Revenue Code, an “S” corporation for Canadian tax purposes is considered to be a corporation under U.S. corporate law and as such, absent any FAPI implications, a Canadian resident shareholder thereof is only subject to Canadian income tax on amounts received from or benefits conferred by the “S” corporation and is not subject to such tax on the undistributed earnings of that corporation. ...

You ask whether these service businesses could be considered similar businesses for purposes of paragraphs 13(4.1)(a) and (b) of the Act. ... Based on this comparison, in our view, the operation of most nursing homes would be considered similar businesses to at least some retirement homes for the purposes of subsections 13(4), 13(4.1) and paragraph 44(5)(b) of the Act. ...

Subsection 245(2) may have application in any situation where a transaction or series of transactions would result in a "tax benefit", within the meaning of that expression in subsection 245(1) of the Act, unless the transaction or transactions may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the tax benefit. In addition subsection 245(2) will only apply if it may reasonably be considered that the transaction would result in a misuse of the provisions of the ACt or an abuse of the provisions of the Act read as whole. ...

Where the entity is considered a partnership for Canadian tax purposes, its partners will be considered to carry on the business of the partnership. ...

Generally, it is our opinion that operational, functional, line activities are not services of the kind that the fee paid therefore will be considered to be a "management or administration fee or charge", whereas a fee paid for services constituting the performance of "staff" functions is a "management or administration fee or charge". ... The opinions expressed herein are not advance income tax rulings and are not considered binding on the Department in accordance with paragraph 24 of Information Circular 70-6R dated December 18, 1978. ...

In the circumstances, (a) will the taxpayer be considered to have disposed of the building alone, or both the building and the land? ... Answer (a) The taxpayer will be considered to have disposed of the building alone upon demolition thereof. ...

Further, in order for an expenditure or transfer of property to be considered a gift, it must be made without conditions, from detached and disinterested generosity, out of affection, respect, or charity or like impulses, and not from the constraining forces of any moral or legal duty. In the situation outlined in your letter, where an increase in employment income would be offset by a required payroll withholding, it is our view that no gift would be considered to have been made regardless of the purpose of the arrangement. ...

This will confirm that for the purposes of the Convention and other treaties comparable thereto we have adopted the position hat an organization that is resident in a Contracting State will generally be considered to be a "resident of" that State notwithstanding that it is granted exemption from tax in such State by the tax laws thereof. ... While the foregoing is generally our position, so far as we can determine this issue has not been previously considered in respect of a trust (other than a trust that was exempt under Article XXI). ...

Where a promissory note has been accepted as absolute payment of the debt, the acceptance of the note will be considered as an "amount received" under paragraph 12(1)(a). Where the promissory note has been accepted as conditional payment of the debt, the acceptance of the note will not be considered as an "amount received" for purposes of paragraph 12(1)(a). ...

In particular you asked if a company is considered to have ceased to carry on business within the meaning in subparagraph 50(1)(b)(iii) in the year that a company goes into receivership if its only activity is the liquidation of the corporation's assets by the receiver. ... Paragraph 8 of this same IT explains that: "Where a receiver or a receiver and manager is appointed by a Court or by agreement, it is considered that he is carrying on the same business formerly carried on by the owner unless the facts indicate otherwise. ...