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In the situation described herein, a waiver request filed by a taxpayer to keep the emigration year open may be considered appropriate to allow a reassessment beyond the statutory reassessment period referred to in paragraph 152(4)(b) where the circumstances to support this foreign tax credit (e.g., disposition and/or foreign taxes paid) are present within this period. ... Accordingly, our comments that follow have not considered any treaty aspects of the described situation. ... In our view, a blanket waiver request without sufficient details of a transaction would likely not be considered valid. ...

being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayers or a related person;? ... the subject of a ruling previously considered by the Income Tax Rulings Directorate. ... However, these paragraphs do not provide that the amount so computed represents an amount of income earned or realized that could reasonably be considered to contribute to the capital gain on a particular share. 2. ...

Even if a person inhabits a housing unit only for a short period of time in the year, this may be sufficient for the housing unit to be considered "ordinarily inhabited" in the year by that person. For example if a person disposes of their residence early in the year or acquires it late in the year, the housing unit can still be considered to be ordinarily inhabited in the year by that person by virtue of that person having lived in it in the year before such sale or after such acquisition, as the case may be. ... However, in our view if such person never inhabited the housing unit during the year, but merely occupied it for a few days before moving on to a new home, it is unlikely the individual would be considered to have established in the year, "ordinary habitation" in the original housing unit. ...

2) Whether another entity in the group, the agent, will be considered to be carrying business in Canada? ... To the best of your knowledge and that of USLLC and USCO 3, none of the issues involved in this ruling request are: a. in an earlier return of USCO 3, or a related person, b. being considered by a Tax Services Office or Taxation Centre in connection with a previously filed tax return of USLLC or a related person, c. under objection by USCO 3 or a related person, d. before the courts, or e. the subject of a ruling previously issued by CCRA. ... USLLC will not be considered to be carrying on business in Canada solely because of the services and activities set out in the Agency and Administrative Services Agreement. ...

A property will not be considered to have been used for any purpose where it is new at the time that it is acquired. New equipment that is demonstrated for or tested by a prospective purchaser of that particular piece of equipment will not normally be considered to have been used for a purpose. ... However, a property that is used regularly by the vendor for demonstration purposes is considered to have been used by the vendor. ...

The central management and control of an organization is usually considered to be exercised by the group that performs the function of a board of directors of the organization. ... Where an organization, which would otherwise not be considered to be resident on reserve, is asserting that it satisfies the definition because it holds its board of directors meetings on reserve, it should generally be considered to satisfy the definition where management and control is legitimately exercised during those meetings. ... Please note, that the Guidelines are not intended to apply when it can reasonably be considered that one of the main purposes for the existence of an employment relationship is to establish a connecting factor between the income in question and a reserve. ...

Thus, it is our position that paragraph 115(2)(c.1) applies only to the portion of the signing bonus that can reasonably be considered to be attributable to services to be performed in Canada. ... Where the employment is exercised in Canada, the remuneration derived from the employment exercised in Canada includes the portion of the signing bonus that can reasonably be considered to relate to services to be performed in Canada. ... The reason for this is because the signing bonus is not considered to be income of the athlete “from his personal activities as such exercised in the other Contracting State.” ...

The net asset value of the Fund as at XXXXXXXXXX was approximately $XXXXXXXXXX (U.S.). 9.To the best of your knowledge and that of the Trustee, none of the issues involved in this advance income tax ruling is being considered by a Taxation Services Office or Taxation Centre in connection with an income tax return previously filed and none of the issues contained herein is under objection or appeal. ... Pension Fund, Master Trust or Charitable Organization which is constituted in the United States will pursuant to subparagraph (1)(b) of Article IV of the Convention, be considered to be a resident of the United States for the purposes of the Convention. ... However, should such activities constitute carrying on business in Canada, the income from such a business will be considered to arise in Canada. ...

(b)For the purpose of subparagraph (a), where a person is required to work in the territory of the other Contracting State for intermittent periods of short duration, each such period shall be considered a separate period of work. ... We disagree with this statement in that the "Initial Period" should not, in our opinion, be considered a "separate period of work" for purposes of subparagraph (2)(b) of Article V of the Agreement. ... Where the actual employer is the U.S. affiliate and such services are considered "pensionable employment" under the CPP, then the employee would have to rely on subparagraph 2(c)(i) of Article V of the Agreement to avoid the General Rule. ...

., none of the issues involved in this ruling is being considered by a Tax Services Office or Taxation Centre in connection with a tax return already filed by Resource Co. or a related person, none of the issues involved is the subject of any Notice of Objection or is under appeal, and none of the issues involved is the subject of a ruling previously issued by the Directorate. ... B)The Deposit B mine will be considered to be a new mine in a mineral resource in Canada and any expense incurred by Resource Co. for the purpose of bringing the Deposit B mine into production in reasonable commercial quantities and incurred before the coming into production of the Deposit B mine will be a Canadian Exploration Expense within the meaning of paragraph (g) of the "Canadian Exploration Expense" definition in subsection 66.1(6) of the Act, and, for greater certainty, the expenses will not include the cost of any property that is described in Schedule II of the Regulations. C)Depreciable property situated in Canada and acquired by Resource Co. principally for the purpose of gaining or producing income from the Deposit B mine will be considered as class 41(a) property as described in Schedule II of the Regulations, provided that (i)the Deposit B mine came into production in reasonable commercial quantities, (ii)the property was acquired before the Deposit B mine came into production, (iii)the property had not been used prior to its acquisition by Resource Co. or by any person with whom Resource Co. was not dealing at arm's length, and (iv) the property would otherwise be included in class 10 by virtue of paragraph (g), (k), (l) or (r) of that class. ...