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It is your view that the bonus should not be considered interest income and should not be reported on a T5 slip. ... It is a question of fact whether the bonus in your particular situation can be considered to be received by the member in the course of earning income from a business or property. ...

As noted above, in order for a transfer to be considered as voluntary there must be no legal, moral or perceived obligation to make such transfer. ... Subsection 73(1) of the Act permits tax deferred transfers between spouses of capital property where both the transferor and transferee are residents of Canada at the time of the transfer and the transfer is considered a "qualifying transfer" as defined in subsection 73(1.01) of the Act. ...

This is because the individual would not be considered to reside in a prescribed zone for a qualifying period commencing or ending in the year. ... The cost of travel between an employee's home and the place where the employee regularly reports to work, irrespective of the distance, is generally considered to be personal travel and would not be deductible. ...

11 May 2009 External T.I. 2009-0312641E5- Overseas Employment Tax Credit Unedited CRA Tags 122.3 Principal Issues: Whether employment periods with separate employers can be considered part of the same qualifying period if there is a break between employments Position: No 2009-031264 XXXXXXXXXX A. ... In this respect, an individual would not be considered to have consecutive employments if there is a break between employments in the manner described in your e-mail. ...

If it is determined that a trust arrangement exists whereby the shares acquired under the agreement are held for the employee until certain conditions are met, the provisions of subsection 7(2) of the Act will apply and the employee will be considered to have acquired the shares at the time the trust acquired the shares. ... However, as noted in paragraph 9 of Interpretation Bulletin IT-113R4, if the provisions of an agreement prohibit the transfer of the shares acquired for a period of time, the value of the shares is considered to be the fair market value of identical shares at the time of acquisition that have no trading restriction less an appropriate discount (which may vary according to the circumstances) in respect of the restriction. ...

For the purposes of subsection 74.1(1) of the ITA, the taxable portion of the annuity payments will be considered an income from property and will be subject to the attribution rules. 2 Question Does the taxable portion of the annuity payments, which pursuant to subsection 74.1(1) of the ITA is considered income for Mr. ...

The granting of an easement or right of way by a landowner is considered to be a disposition of a part of the property in respect of which it is granted. ... In our previous letter, we stated that, generally, the granting of an easement or right of way by a landowner is considered a disposition of a part of the property in respect of which it is granted, and a reasonable portion of the adjusted cost base ("ACB") of the whole property attributable to the part disposed of is required to be allocated to the disposition pursuant to section 43 of the Income Tax Act (the "Act"). ...

2009 Ruling 2009-0307001R3- Carrying on Business in Canada Unedited CRA Tags 2(3)(b); 115(1) Principal Issues: Whether Canco's provision of the XXXXXXXXXX services will result in the Partnership being considered to be carrying on business in Canada. ... To the best of your knowledge and that of Parent and the Partnership, none of the issues involved in this ruling letter: (i) is in an earlier return of any related persons of Parent, (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of any related persons of Parent, (iii) is under objection by any related persons of Parent, or (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired. ...

Other factors that were considered relevant, but not necessarily of equal significance, are: the place where decisions affecting the business are made; the type of business and the nature of the work; the place where the payment is made; the degree to which the business is in the commercial mainstream; the location of a fixed place of business and the location of the books and records; and the residence of the business' owner. ... If only a very small portion of the income-earning activities take place on the reserve, these activities may be incidental to the business, which is therefore considered to be operated off-reserve. ...

As a general rule, such duties will be considered to be of a temporary nature if it is reasonable to expect that the employee will not be continuously employed at that work location beyond a period of two years; (b) Throughout the period that such duties are performed at the particular work location, the employee must maintain, at another location, a self-contained domestic establishment as the employee's principal place of residence that must remain available for the employee's occupancy (it cannot be rented by the employee to any other person during that period); (c) The distance between the employee's principal place of residence and the work location must be such that the employee cannot reasonably be expected to commute daily. ... Where there is more than one established community located in an area, which is not remote from a work location, the sum total of the services and housing available in all established communities must be considered. ...