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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. ...

You have asked for confirmation that the disposition of subdivided lots that, in total, do not exceed a half-hectare, provided they were contiguous with the principal residence, would be considered to be a disposition of a principal residence for the purposes of paragraph 54(g) of the Act. In your view, the sale of all or part of contiguous land within one-half hectare of a principal residence would be considered to be a sale of a principal residence. ...

It is our view that if XXX is a bare trustee, XXX should be considered to beneficially own the property and receive the interest directly and the trust should be considered to be beneficially own the property and receive the interest directly and the trust should be ignored. ...

It would appear from our reading of the translation of the German decision that the German court considered that the vendor/licensor, not the purchaser/licensee, is the person upon whom the German VAT is imposed and who is liable therefore and that accordingly the VAT is included in the vendor's/licensor's income for income tax purposes as described in the first paragraph on page 2 of our Memorandum to you dated May 7, 1991, namely: "If, on the other hand, the VAT is a tax imposed on the vendor/licensor as the person primarily liable therefore (as opposed to merely being liable in its capacity as a collecting agent with an absolute obligation to collect), as appears to be indicated in the letter to you from the German competent authority dated August 17, 1990, we would be inclined to conclude that the entire amount payable to or for the account of the vendor/licensor or for which the vendor/licensor obtained credit against its VAT liability by virtue of action taken by the purchaser/licensee would be "consideration for the use of, or the right to use, any copyright, (etc.)... ... " As indicated by our Memorandum to you in respect of this matter dated May 7, 1991, while we considered it likely that the German VAT, like the Canadian GST, is a tax on the purchaser/licensee rather than on the vendor/licensor, we were unable to determine the German law in this regard. ...

The proposed amendment provides that where a company is incorporated in a country other than Canada, at least 90% of its activities consist of international shipping, and at least 90T of its revenues are derived from those activities, it will be considered, for Canadian tax purposes, not to be a resident of Canada. ... Such determination will involve the consideration of corporate and commercial arrangements entered into by the taxpayer, some of which may not have been considered by Revenue Canada. ...