Search - considered

The same policy and criteria outlined in IT-23 that is considered where?? ... An example where a Lease may be considered to be a Sale would be where the lessee has a option to purchase and it is obvious based on past experience?? ...

This is in reply to your letter of November 27, 1979 concerning when an amount is considered to have been paid or credited to a non-resident for the purposes of subsection 212(1) of the Income Tax Act. ... Accrued interest in respect of which the payor has not made funds unconditionally available to a payee will not be considered to have been credited to a non-resident for the purposes of subsection 212(1) of the Act, by virtue of the fact that the accrued interest has been accrued in the books of the payor to a specific non-resident payee. ...

Subsection 104(24) of the Act provides that, for the purposes of subsection 104(6) of the Act, an amount is considered to be payable in the year if it was paid in the year to the beneficiary or he was entitled in that year to enforce payment thereof. ... Where all or a portion of a trust's income for a taxation year is considered to be payable in that year to a non-resident beneficiary, that amount is subject to 25% withholding tax pursuant to the provisions of paragraph 212(1)(c) of the Act. ...

When debt obligations or shares are sold together with their accrued interest or declared dividends those amounts would be considered by prudent parties in the determination of the properties' price. Accordingly these amounts must also be considered in determining such properties' fair market value. ...

Thus, a conversion would not be considered to "settle" or "extinguish" the debt. 2. ... The conversion of the debt is considered to settle or extinguish the debt. ...

In any given situation the Department's position is that where the facts clearly indicate that amounts paid as dividends are on account of or in lieu of salary, those amounts will be considered to be employment income to subsection 6(3) of the Income Tax Act. In the situation outlined in your memorandum, it appears that the facts clearly indicate that the amount paid are on account of salary and as such should be considered to be employment income. for Director Small Business and General Division Specialty Rulings Directorate Legislative and Intergovernmental Affairs Branch cc. ...

It is the Department's view that the cost of perennial plants and orchard trees purchased would, on the initial establishment of an orchard, be considered to be capital expenditures that would be added to the cost of the farmland. The cost of replacement plants or trees is considered to be a deductible expense. ...

Information to be considered would include: the duties performed by the employee and the time expended in carrying out these duties, and remuneration paid by other businesses of a similar size to employees who render services corresponding to those of the employee concerned. ... It would not be considered reasonable for a shareholder who provides little or no services to the corporation to receive a large bonus. ...

With respect to the taxability of those Indians working for the Council XXX we have generally considered such Indians to not be taxable on their income earned from an employer residing on a reserve in the circumstances of Nowegijick [[1983] C.T.C. 20] (83 DTC 5041). ... Justice Cullen says: "there is also an argument to be made that the residence of the employer is not the only factor to be considered in determining situs of income". ...

It is our view, therefore, that the cost of both dual and solo flying time while under instruction should be considered as an eligible tuition cost. In contrast, the cost of flying time while not under instruction is not to be so considered even though the fees were paid to a qualifying educational institution. ...