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Only if the answer to the first question is no and the answer to the second question is yes, will the amount received be considered a retiring allowance. ... As noted above, where it can be clearly demonstrated that the damages were unrelated to the loss of employment, the amount would likely be considered damages for personal injury and not taxable. ...

Only where an award of damages can be traced to events or actions unrelated to or separate from the loss of employment, will damages not be considered a retiring allowance. ... Only if the answer to the first question is no and the answer to the second question is yes, will the amount received be considered a retiring allowance. ...

In order to determine under subsection 249(3.1) if a corporation becomes or ceases to be a CCPC, an election previously made by a corporation under subsection 89(11) must be considered. ... Consequently, subsection 249(3.1) would not apply to trigger a deemed year-end, as the Corporation was already considered a non-CCPC for the purposes of this provision at the time the two public corporations became the owner of more than 50% of the voting common shares of the capital stock of the Corporation. ...

12 February 2015 Internal T.I. 2014-0547291I7- 149(1)(c)- Chief's Council CRA Tags 149(1)(c) Principal Issues: Whether the chief's council would be considered a public body performing a function of government for the purpose of paragraph 149(1)(c) and therefore able to issue donation receipts as a qualified donee. ... Issue In particular, you have asked us to consider whether XXXXXXXXXX (the "Council") could be considered a public body performing a function of government for the purpose of paragraph 149(1)(c) and therefore able to issue donation receipts as a qualified donee as defined in subparagraph (a)(iii) of the definition of "qualified donee" in subsection 149.1(1). ...

The “initial year” is considered to be the taxation year where an amount has become receivable by the taxpayer as proceeds of disposition of a capital property that is not a share of a capital stock of a corporation and is subject to the deeming rules in subsection 44(2) of the Act. Subsection 44(2) of the Act provides a deeming rule to establish the time of the disposition of a property and the time at which an amount in respect of the proceeds of disposition are considered to be receivable where the taxpayer has disposed of property for which such proceeds are described in paragraphs (b), (c) or (d) of the definition of “proceeds of disposition” in section 54 (or in paragraphs (b), (c) or (d) of the definition of “proceeds of disposition” in subsection 13(21) of the Act). ...

However, if no payment was made to obtain a non-monetary item given to an individual (for example, donated household goods or furniture), the value of the non-monetary item would likely not be considered a social assistance payment for the purpose of paragraph 56(1)(u) of the Act. ... Therefore, if an amount is considered social assistance (and does not fall under another provision of the Act), but a financial "means, needs or income" test is not used to determine eligibility when assisting a client, or the amount is excluded from the reporting requirements by subsection 233(2) of the Regulations, the amount does not have to be reported on a T5007 and is not included in the recipient's income under paragraph 56(1)(u) of the Act. ...

" Preparation, rehearsals, and training are considered normal activities of an artist or athlete ("performer") and any payments received for these activities for a performance that occurs in Canada or connected to a performance in Canada, are considered to be paid in respect of services rendered in Canada. ...

Section 94.1 will apply in computing the FAPI of BCo if BCo holds a share of a non-resident entity (CCo) that may reasonably be considered to derive its value, directly or indirectly primarily from portfolio investments of that entity (CCo) or any other non-resident entity, and all of the other conditions in section 94.1 are met. ... In arriving at this conclusion, we make the assumption that Opco continues to be considered as a foreign affiliate of Canco for purposes of making the hypothetical test in paragraph 94.1(1)(d) as modified by paragraph (b) of variable C of the definition of FAPI in subsection 95(1). ...

Furthermore, we believe that section 84.1 and subsection 84(2) are not in conflict and that the potential application of both provisions must be considered in the context of pipeline transactions. ... As stated in technical interpretation 2006-0170641E5 (F) and reiterated in our response to question 1 at the 2009 APFF conference on financial strategies and instruments, the foregoing elements have been, and continue to be, part of the proposed transactions submitted by the taxpayer involved and as such, cannot be considered to be conditions required by our Directorate. ...

Hence, in the given instance, the deceased would not be considered in the determination of a "resident contributor". ... However, paragraph 94(4)(c) of the Act provides that a deemed resident trust under subsection 94(3) is not considered resident in Canada for the purposes of determining the liability of a person (other than the trust) to withhold and remit under section 215 of the Act. ...