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3.Should you commence to live with your daughter's mother-in-law, is this relationship considered a common law relationship for income tax purposes and does this then mean that the cottage can no longer qualify as a principal residence? ... Two individuals of the opposite sex are considered to be spouses of one another for income tax purposes if they cohabit in a conjugal relationship and have either cohabited throughout a 12-month period, or are the parents of the same child. ...

Reasons FOR POSITION TAKEN: Considered the intention of the legislator and the wording of the related provisions. ... The intent of the legislator would be obtained if Holdco were considered an insurer for purposes of the definition of "designated corporation". ...

.- absolute payment: the vendor is considered to have accepted the note as full or actual payment of the debt as soon as the note is issued. ... However, the holder of a promissory note accepted as "conditional payment" is entitled to claim a reserve because the note is not due at the end of the taxation year for which a reserve is being considered. ...

Principal Issues: Would the use of pension surplus to fund employer contributions be considered employer contributions for purposes of sections 6804(4) and (5) of the Regulations? ... You are of the view that: (a)any contributions to the U.S. qualified pension plan in respect of the Canadian individual in any year subsequent to 1991 will be considered a "resident's contribution" within the meaning assigned by subsection 207.6(5.1) of the Act. ...

Principal Issues: When 2 corporations carry on operations at a site but subsequently continue the operations after forming a partnership amongst themselves, for purposes of applying class 24 to pollution control equipment acquired by the partnership, can the partnership be considered to having carried on the operations prior to its formation? ... It therefore follows that since XXXXXXXXXX are considered under Common Law to be the undivided owners of the assets of the Partnership, they were the ones carrying on the mining operations and therefore the enhanced capital cost allowance rate under class 24 would be available to them. ...

The legislation provides that the reassessment can be made "...but only to the extent that the reassessment...can reasonably be considered to relate to the change in the particular balance of the taxpayer for the particular year". ... In our view, the provisions of 80.4 of the Act relate to shareholder or employee loans and that a reassessment to include the interest benefit can reasonably be considered to relate to the re-characterization of the loan to the shareholder as one that is not required to be included in income by reason of subsection 15(2) of the Act. ...

In this case, the deregistration was considered to have taken place when the RRSP carrier agreed to the withdrawal (i.e. acceptance by the carrier of the withdrawal application) and the date of the actual payment to the extent it was later was considered irrelevant. ...

For example, where a contribution is made to an EPSP in respect of duties performed abroad, the subsequent growth in the plan attributable to such contribution is considered to relate to those foreign duties. ... Furthermore, Part XIII tax is not considered to apply to amounts allocated to non-resident beneficiaries. ...

Where a benefit in respect of a PHSP is granted by a corporation to its sole employee who is also the controlling shareholder, it is the Department's general view that the benefit would be considered to have been conferred on the individual in his or her capacity as a shareholder. In the case of the situation where a self-funded PHSP is established for its five unrelated employees of which one of them is the controlling shareholder, it is our general view that, where benefits are granted by an employer corporation to the five employees in respect of a PHSP, the benefits would be considered to have been conferred on them in their capacity as employees. ...

When is property not considered incidental to the business 3. Does the treaty exempt the exit tax under 219.1 4. ... Although the conclusion is heavily dependent on the facts of the matter which have not been adequately established, in our view, a corporation that provides stories to newspapers or operates a news service, preparing news and information using the mail or telephone wires to deliver its product or service would not meet the exemption requirement of subsection 219(2) of the Act. 2)Whether property is considered incidental to the principal business of communication requires a test that emphasises that the holding or using of property must be linked to some definite obligation or liability of the business. ...