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On the basis that the terms of the Initial Plan were carried forward into the Second Plan, the Department considered whether the disability benefits were received by the individual "pursuant to" a plan "to or under which his employer has made a contribution" for the purposes of paragraph 6(1)(f) of the Income Tax Act (the Act). ... As a consequence of these two points, where an individual was receiving benefits at the time of the conversion of a non-taxable plan to a taxable plan, the benefits paid subsequent to the conversion would be non-taxable in the amount and for the period specified in the non-taxable plan on the basis that those benefits, (to the extent that they are non-taxable), would be considered to have flowed from the non-taxable plan rather than having been paid "pursuant to" a plan "to or under which his employer has made a contribution" for the purposes of paragraph 6(1)(f) of the Act. ...

., could be considered supplies and thus deductible under subparagraph 8(1)(i)(iii) of the Income Tax Act (the Act) in the event that we determine the clothing allowance to be taxable. ... It is our opinion that an employee would not be considered to be in receipt of a taxable benefit with respect to special or protective clothing (including safety footwear) which, by reason of the hazards inherent in the employment duties or by a law of a province or Canada, the employee is required to wear, where the employer provides the employee with a clothing allowance, to the extent the allowance is expended on such special or protective clothing. ...

A "front end load" charge is an acquisition fee or commission; it is considered a capital expense and must be added to the "cost amount" (see below) of the units purchased. ... Trustee fees or expenses relating to the administration of your RRSP are considered to be expenses of the annuitant and, if paid outside the RRSP, are deductible by you pursuant to section 9 of the Act. ...

Scenario 1 If the terms of the trust provide that the amount, or part thereof, of accrued interest receivable must or may be paid to the beneficiaries by virtue of the exercise of the capital encroachment power, then such amounts will be considered payable within the meaning of subsections 104(24),(13) and (6). ... It should be noted that in order for a designation to be made under subsections 104(21) it must be with respect to such portion of the net taxable capital gains as "may reasonably be considered (having regard to all the circumstances including the terms and conditions of the trust arrangement) to be part of the amount that by virtue of subsection (13) or (14) or section 105, as the case may be, was included in computing the income... ...

Reasons FOR POSITION TAKEN: The payment is considered to relate to the personal circumstances of the spouse. ... The reimbursement of the employee's loss on the sale of his residence was considered to be non-taxable on the basis that it was incurred by reason of his employment. ...

In the event that a purchaser cannot be found the court may grant what is referred to as a "Rice Order" allowing the Mortgagee to purchase the property at a price considered by the court to be the fair market value of the Property. ... We have therefore concluded that the foreclosing mortgagee would not be considered a purchaser for the purposes of section 116 of the Act. ...

Principal Issues: whether the employer's reimbursement of renovation costs of a disabled employee's new home is a taxable benefit where such modifications existed at the employee's former home Position TAKEN: not a taxable benefit provided that the reimbursement policy is to be limited to items such as ramps, doorway widenings & other items which are disability specific and does not include other items such as air conditioners, furnaces, humidifiers, swimming pools which are not disability specific even though they may be considered necessary to enable the individual to live a reasonable quality of life Reasons FOR POSITION TAKEN: the installation of replacement disability-specific items can be likened to the special modifications to furniture & fixtures to arrange them in the individual's new home. ... Consequently the reimbursement by an employer of such costs would be considered non-taxable in the same manner as the reimbursement of adjustments and alterations to existing furniture and fixtures to arrange them in the new residence. ...

Accordingly, a grandfather can be considered a "parent" of an individual because of the extended definition of "child" in paragraph 70(10)(a) of the Act, which applies for purposes of section 110.6 of the Act. Therefore, since the son of the deceased beneficiary could be a beneficiary referred to in paragraph 104(21.2)(b) of the Act and since his grandfather is considered to be a "parent", if the property was used by the grandfather in the course of carrying on the business of farming for at least 5 years during which he owned the property, the son of the deceased beneficiary would qualify for the $500,000 capital gains exemption upon disposition of the property by the estate. ...

The Queen, 88 DTC 6290 (F.C.T.D.) case, where a provision in the Act deems property to have been disposed of for certain proceeds, the proceeds are considered to have been received by the taxpayer at the time of, or immediately after, the disposition. 2.If a partnership has not been in existence for at least 24 months, it cannot meet the "throughout any 24 month period ending before" condition in paragraph (a) of the definition of "interest in a family farm partnership". ... Accordingly, since no portion of the deemed proceeds of disposition are considered to be received at a time other than the time of disposition, a capital gains reserve under subparagraph 40(1)(a)(iii) of the Act cannot be claimed in respect of the capital gains arising on the disposition of the property. ...

A U.S. 401(a) plan is considered a pension plan for purposes of the Act. ... There are a number of Income Tax Act provisions, both current and proposed, which serve to determine whether amounts out of a foreign pension plan will be considered amounts received out of an EBP or RCA. ...