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Apparently, the balance of the payments from the XXXX are considered to be maintenance payments to W from H. ... The position of such a person could also be considered inequitable in comparison with that of a person in respect of whom no court order was sought or obtained. ... It is also our view that the situation discussed in the foregoing is distinguishable from that considered in the memorandum of September 25, 1985 by A.R. ...

For U.S. income tax purposes, a consent dividend is considered to be a distribution to a shareholder and a simultaneous contribution of capital back to the dividend-paying company by the shareholder-recipient (see section 565(c) of the Code). ... XXXX has been advised by XXXX that the financial statements of a U.S. company prepared in accordance with generally accepted accounting principles would not record a consent dividend as a dividend paid or received by the respective payor and payee because a consent dividend is not considered to be income distributed or received. ... Other Factors Considered 15. Having adopted the position on paragraph 53(1)(c) set forth in 14B above, we do not consider that it is necessary to obtain a waiver to protect against a reversal in position by the taxpayer as discussed in 10 above, as in our view there is no dividend or contribution of capital, and if there was, the provisions of subparagraph 152(4)(a)(i) should be sufficient to enable us to reassess the dividend. 16. ...

Given that the aim of the federal program is to provide for cast sharing of basic assistance in order to restore an item, facility and/or individual to a pre-disaster condition with respect to essentials, the following items are not eligible for assistance: a) any damage for which costs could be recovered through insurance or at law; b) costs for which provision is made in whole or in part under any government program; c) damages to property or facilities in respect of which assistance was previously made available to prevent such damage; d) damages which are an ordinary or normal risk of trade, calling or enterprise; e) costs incurred for restoration or rehabilitation which cannot be considered essential to the restoration of an individual to his home or livelihood or the reconstruction of essential community services; f) costs incurred for the restoration of property owned by large businesses and industries; g) costs which can be considered normal operating expenses of the government department or agency concerned, including maintenance budgets; and h) provincial retail and other similar taxes. ... (ii) a government, municipality or other public authority where the amount can reasonably be considered to have been received, (iii) as an inducement, Whether as a grant, subsidy, forgivable loan, deduction from tax, allowance or any other form or inducement, or (iv) as a reimbursement, contribution, allowance or as assistance, whether as a grant, subsidy, forgivable loan, deduction from tax, allowance or any other form of assistance, in respect of the coat of property or in respect of an expense. ... Alternatively, they may be considered as inducements (defined in Shorter Oxford Dictionary as "something attractive by which a person is led on or persuaded to action") for businesses to become re-established. ...

If tax withholdings are to be considered, only the current year's estimated tax withholdings appear to be justified; the choice of the greater of the two years' tax withholdings appears to be arbitrary. 8. ... The Federal Sales Tax Credit and the Child Tax Credit are not considered deductions (i.e. they are not `true" tax credits) in computing taxes payable. They are considered amounts of taxes paid by the taxpayer and therefore, their treatment should be the same as that accorded to amounts deducted at source. ...

In this respect, having regard to the situation described above, assuming that the NR-Beneficiary is subject to tax on a remittance basis in Barbados under the law in force in that contracting state, we are of the view that the NR-Beneficiary should be considered subject to the most comprehensive form of taxation as exists in Barbados and, consequently, “liable to tax” under the laws of Barbados within the meaning of Article IV(1)(a). ... If a person who is subject to remittance basis taxation in Barbados files a return of income in Barbados contrary to the application of the law in force in Barbados, it is our view that the income reported on that return (the “Income”) would not be considered “taxed” in Barbados for the purposes of Article XXX(5) such that the benefits of the Treaty would not apply to the Income. ... If the CRA denied the benefit of Article XXIII(3) and the NR-Beneficiary considered that position as not being consistent with the Treaty, the NR-Beneficiary could make a written request for assistance to the Competent Authority of Barbados presenting the grounds for a revision of such taxation in accordance with the Mutual Agreement Procedure stated in Article XXVII. ...

Whether Hco’s income earned from Wco would be considered SCI as defined in subsection 125(7) of the Act. 2. ... A are related and are considered to be not dealing at arm’s length by virtue of paragraphs 251(1)(a) and 251(2)(a). ... The condition set out in subclause (a)(i)(B)(I) of the definition SCI is intended to ensure that the corporation will not be considered to have SCI where the services or property it provides to the private corporation form a small part of its bona fide business of providing property or services to arm’s length persons. ...

We have previously opined that where the central management and control of XXXXXXXXXX is exercised on a reserve, it would be considered resident on a reserve for the purpose of the Indian Act Exemption for Employment Income Guidelines (Guidelines). ... In the case of the Queen v Akiwenzie (footnote 2), the courts considered whether the employment income earned by an employee of ISC (then known as the Department of Indian Affairs and Northern Development) was exempt from tax because their duties of employment benefited reserves across Canada. ... The Queen (footnote 4) is a more recent employment income case that also considered whether employment that benefited Indigenous individuals qualified for the tax exemption under a connecting factors test. ...

In the above scenario, what parties would be considered NR1 and NR2, respectively, and what are their reporting obligations under subsection 237.4(4)? ... The conditions of NT 2023-05 are not considered to be met where NR2 does not receive any interest-bearing debt financing. ... CRA Response (D) In the context of the Part XIII tax segment of NT 2023-05, Foreign Parent would be NR1 as Foreign Parent is considered to be the ultimate funder of the debt financing and Foreign Opco would be NR2 as the intermediary. ...

28 November 2024 Internal T.I. 2024-1014251I7- Classification of Arizona Limited Partnerships Principal Issues: Whether the particular Arizona Limited Partnerships should be considered as corporations or partnerships for purposes of the Income Tax Act. ... Issue Whether Partnership I and Partnership II should be considered as corporations or partnerships for purposes of the Act. ... Given the similarities between Partnership I and Partnership II with partnerships created under Canadian common law, Partnership I and Partnership II are considered partnerships for purposes of the Act. ...

As noted in the Guidelines, “[T]he 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. ... There must be sufficient control exercised from a reserve for the organization to be considered to be resident on a reserve. ... However, it is our view that travel time to and from a reserve is not considered duties performed on a reserve. ...