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There is no provision in Article 17 of the Convention which states that if income would be considered to be tax exempt in the UK then it would be considered to be exempt in Canada. ...

However, a full allocation to the spouse providing all the labour to generate the income earned by the partnership would not normally be considered unreasonable. ... However, where two or more partners not dealing with each other at arm's length have agreed to share any income or loss from any activity of the partnership in unreasonable proportions, the CRA reserves the right to adjust each partner's share to an amount which is considered reasonable in the circumstances pursuant to subsection 103(1.1) of the Act. ...

Tzortzis June 23, 2010 Dear XXXXXXXXXX: Re: Modification of flex plan from expense carryforward to credit carryforward This is in response to your letter dated January 20, 2010, inquiring whether a one time change in a flex plan from expense carryforward to credit carryforward (or vice versa) would disqualify the plan from being considered a private health services plan. ... On the other hand, a plan that permits such changes on an annual basis would likely be disqualified as a private health services plan because it would not have the necessary element of risk to be considered a plan of insurance. ...

Where during the administration of an estate, taxable income is generated yet all debts and specific bequests have been paid, can the Executor pay or make payable this taxable income to the residual beneficiaries, such that the amount of this taxable income would be considered payable, under subsection 104(24) of the Act, for the purposes of subsections 104(6) and 104(13)? ... In such cases distributions to residual beneficiaries could not be considered to be income payable to a beneficiary for purposes of subsections 104(6) and 104(13). ...

In this respect, you mention that the CRA has in the past taken the view that a payment under such a PTA could, in certain circumstances, be considered “income from property” to the foreign affiliate recipient, but would be eligible for recharacterization to “income from an active business” to the extent of the portion of such amounts in respect of which the conditions of subparagraph 95(2)(a)(ii) are met (the “General Approach”). ... The CRA concluded that a payment made under a PTA by the subsidiary to the parent in these circumstances would be considered to be a pro rata distribution in respect of all the shares of that class and, as such, would be deemed to be a dividend under subsection 90(2). ...

Subsection 91(4.1) is the main operative rule and is triggered where at any time in the taxation year of a foreign affiliate, a person or partnership referred to in the FTCG rules as a “specified owner” in respect of the taxpayer, is considered under the relevant foreign tax law to own less than all of the shares of a particular corporation – that is a “pertinent person or partnership” in respect the affiliate – that are considered to be owned by the specified owner for the purposes of the Act (the “Lesser Ownership Test”). ...

Zannese (613) 957-2747 2009-030798 Statutory Benefits Received by a Status Indian This is in response to your email of January 28, 2009, requesting our views on whether the GST/HST credit, the Nova Scotia Child Benefit, the Canada Child Tax Benefit and the National Child Tax Benefit (collectively, the "Benefits") would be considered to be income situated on a reserve where the payments are made to an Indian residing on a reserve, such that the Benefits would be immune from seizure as provided by section 89 of the Indian Act. ... CONCLUSION The Benefits would not be considered to be situated on a reserve as there are insufficient factors connecting this income to a reserve. ...

However, if an employee's membership in such a club is principally (i.e. generally meant to be more than 50%) considered to be to the employer's advantage or benefit, the employee will not be considered to have received a taxable benefit. ...

In general, a housing unit is considered to be eligible as an individual's principal residence if it is owned by the individual and ordinarily inhabited by the individual, his or her spouse or common-law partner, or his or her children. ... Any portion in excess of the one-half hectare may be considered part of the principal residence if the individual establishes that the respective portion is necessary for the use and enjoyment of the housing unit. ...

Solar PV panels would be considered enduring in nature and integral to the eligible dwelling. ... In general, a housing unit is considered to be eligible as an individual's principal residence if it is owned by the individual and ordinarily inhabited by the individual, his or her spouse or common-law partner, or his or her children. ...