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The premium on such a policy is a personal or living expense which is non- deductible to the taxpayer and the benefit received by the taxpayer is not considered to be income subject to tax in his hands. Where the premiums are paid by the partnership of which the taxpayer is a member, the premiums will still constitute a non-deductible expense and the benefit received by the taxpayer is still not considered to be income subject to tax in his hands. ...

Co and the Canadian resident lessee would be considered that of lessor and lessee rather than vendor and purchaser respectively. ... To the extent such payments were considered "unreasonable" in the circumstances some portion of them may be deemed by paragraph 214(3)(a) of the Act to be dividends paid by the Canadian resident lessee to U.S. ...

Our comments in the September 4 memorandum apply equally to a dual resident of Canada and the U.S. or Canada and any other country where the person would be considered a resident of that other Contracting State for purposes of interpreting that particular income tax convention and that convention restricts Canada's right to tax a particular source of income. In the situation provided, where the U.S. citizen is considered a resident of the U.S. by virtue of Article IV of the Canada- U.S. ...

The Act also does not contain a specific definition of tuition fees; however the Department has set out in paragraph 26 of Interpretation Bulletin IT-516 items which are considered eligible tuition fees. It is our position that the GST would not be eligible for the purpose of computing the tuition tax credit because the GST would be, in this case, a tax on fees rather than an additional tuition fee and the GST is not similar to any of those items which are considered eligible. ...

Registered Canadian political parties (federal and provincial) are generally considered to be tax-exempt non-profit organizations. * A trust is considered to be a taxpayer separate and distinct from its settlor or beneficiary. ...

Our review of the sample dealership agreement indicates that, 24(1) However, provided the special shares and notes fulfil a contractual business obligation which is necessary for obtaining and maintaining the franchise, these assets would be considered used in an active business. The comments expressed are not advance income tax rulings and are not considered binding on the Department, in respect of any taxpayers, in accordance with paragraph 24 of Information Circular 70-6R dated December 18, 1978. ...

The first is that if it is the employee and not the employer who primarily benefits from the training, a taxable benefit to the employee under paragraph 6(1)(a) of the Income Tax Act (the Act) is considered to result. ... These comments represent the Department's opinion only and as such is not considered binding on Revenue Canada, Taxation. ...

7 January 1991 Income Tax Severed Letter- Transfer of Property to Corporation Unedited CRA Tags 55(3)(b), 39(1)(a), 54(b) 85(1) Dear Sir: Re: Request for Technical Interpretation We are writing in response to your letter of December 5, 1990 wherein you requested our comments on whether the gain on the sale of transferred assets, which were capital property of the transferor, by the transferee immediately after the transfer would be considered a capital gain or income from an adventure or concern in the nature of trade in the following hypothetical situation: 1. ... The comment expressed is not an advance income tax ruling and is not considered binding on the Department, in respect of any taxpayer, in accordance with paragraph 21 of Information Circular 70-6R2 dated September 28, 1990. ...

Your concern is whether section 245 ("GAAR") would be applicable, and if not, would the farm land in question be considered to be capital property in the child's hands. ... Assuming that, for purposes of subsection 73(3), the property in question would be qualified farm property and that neither the child nor the transferor has a history of real estate transactions that could taint these transactions as an "adventure in the nature of trade" that would bring the realized gains into income, it is our opinion that the farm land could be considered to be capital property in the hands of the child. ...

To be valid for purposes of the Income Tax Act, a disclaimer must not be made in favour of any person or the disclaimer will be considered to be a disposition of the disclaiming beneficiary's interest in the estate. A disposition not at arms length would be considered to occur at the fair market value of the interest. ...