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In circumstances where one spouse purchases property using funds which are provided solely from the assets or earnings of the other spouse (the "Contributing Spouse"), the Contributing Spouse is considered to have transferred property to the other spouse. ... As a consequence, any income earned and capital gains or losses realized on the investments by the other spouse from the property transferred by the Contributing Spouse would generally be deemed to be income, gains or losses of the Contributing Spouse and would therefore not be considered to be income of the other spouse. ...

28 September 2006 External T.I. 2006-0188391E5- Interest Free Loan- Life Lease Unedited CRA Tags 3 9 Principal Issues: Whether the equity deposit in the lease agreement should be considered an interest free loan. ... This type of financing arrangement is generally considered a barter transaction. ...

Although it is our understanding that none of the expenses listed above would be considered as being for process engineering referred to in paragraph 1219(1)(e) of the Regulations, they may still qualify as CRCE as long as they relate to the pre-production development phase of a qualifying project. ... However, where such costs are considered to relate to the acquisition of a particular depreciable property or eligible capital property other than those permitted as exceptions to paragraph 1219(2)(iv) (e.g., a test wind turbine) and paragraph 1219(2)(v) of the Regulations, respectively, they will not qualify as CRCE. ...

Given the terms of the program, we do not believe that a person can be considered to have participated in the program for the purpose of earning income from the sale of electrical energy. ... CCA Deduction You have also requested clarification on when a depreciable property will be considered to become "available for use" for the purposes of subsections 13(26) to (31) of the Income Tax Act (the "Act") and at what point in time any remaining balance of undepreciated capital cost ("UCC"), as defined in subsection 13(21) of the Act, for property of Class 43.2 may be deducted. ...

To the best of your knowledge, and that of the taxpayers involved, none of the issues contained herein is: (i) dealt with in an earlier tax return of A Co, B Co, or a related person; (ii) being considered by a tax services office or taxation center in connection with a previously filed return of A Co, B Co, or a related person; (iii) under objection by A Co, B Co, or a related person; (iv) subject of a ruling previously issued by the Income Tax Rulings Directorate to A Co, B Co or a related person; nor (v) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired. ... Rulings Given Provided that the above-mentioned facts and proposed transactions are accurate and constitute complete disclosure of all the relevant facts and proposed transactions, that the Assignment and Assumption Agreements are substantially the same as the documents provided to us, that the proposed transactions are carried out as described herein, and that the Assignment and Assumption Agreements for the assignment and assumption of A Co's rights and obligations under the Contracts are executed and assented to by each of the Claimants, A Co and B Co, we rule as follows: Because the Assignment and Assumption Agreements will not be considered to contravene the requirements contained in paragraph 5 of IT-365R2 for structured settlements that an annuity be non-assignable, non-commutable and non-transferable (see comment below), the Assignment and Assumption Agreements, in and by themselves, will not cause the payments received by the Claimants (or their respective estates or such other secondary payees related to the Claimants as may be named in the Contracts) under the structured settlements, as described in 6, to be subject to taxation in their hands under any provision of the Act. ...

Position: YES Reasons: Considered a financing arrangement. 2006-017123 XXXXXXXXXX C. ... In our view, the type of financing arrangement being considered in the case at hand is a barter transaction because the tenant foregoes interest on the loan in exchange for a reduced rent. ...

Position: Generally, the payments will be considered advances and will not be netted by construction work in progress costs for purposes of determining the amount of the advance to be included in capital under paragraph 181.2(3)(b). ... If it were determined that the legal nature of the payment was that of a reimbursement of expenses of the contractor and not an "advance" at law, the payment would not be considered an "advance" for purposes of paragraph 181.2(3)(c) of the Act. ...

To be considered a replacement property, a particular property must meet all the requirements outlined in the definition in subsections 13(4.1) (for the rules in subsection 13(4) for depreciable property) and 44(5) (for the rules in section 44 for capital property) of the Act. Generally, a particular property is considered a replacement property if it meets the following conditions: it is acquired to replace the former property and there is a causal relationship between its acquisition and the disposition of the former property; the particular property must be acquired and used for a use that is the same or similar to the use to which the former property was put; if the former property was used for the purpose of gaining or producing income from a business, the particular property must be acquired for the purpose of gaining or producing from the same or a similar business; where the former property was a taxable Canadian property (defined in subsection 248(1)), the particular depreciable or capital property is also a taxable Canadian property; and where the former property was a taxable Canadian property that is not treaty-protected property (defined in subsection 248(1)), the particular depreciable or capital property is also a taxable Canadian property that is not treaty-protected property. ...

While all expenditures on SR&ED may be considered expenditures of a capital nature, for the purposes of section 37, expenditures of a current nature on SR&ED are considered to be those expenditures that do not result in the acquisition of land, a leasehold interest in land, or property that would otherwise be depreciable property to the taxpayer. ...

Paragraph 60.1(3)(a) provides that such amounts paid in the period ("Prior Period") consisting of the period prior to the time in the year when the agreement or order is made or in the preceding year, are deemed to be paid under the agreement or order if the document provides that they are to be so considered. ... As explained in paragraph 22 of Interpretation Bulletin IT-530R, Support Payments, a lump sum payment required by a court order or written agreement in respect of a period prior to the date of the order or agreement is not considered a qualifying support amount for purposes of subsection 56.1(4). ...