Search - considered

However, using the asset for some purpose other than farming for an extended period of time prior to the date of transfer, could cause the asset to be considered to be used primarily for a purpose other than farming. ... The transferor is therefore considered to have received proceeds equal to one-half of the actual or deemed proceeds of disposition, as the case may be. ...

Paragraph 14(a) of Interpretation Bulletin IT-448 ("IT-448") states that a change in the voting rights attached to shares that effects a change in the voting control of the corporation is a change that is considered to be of sufficient substance to be regarded as a disposition of those shares. ... This would suggest that an exchange under paragraph 51(1)(e) of the NSCA should be considered a disposition for tax purposes. ...

The Department acknowledges that general damages relating to the human rights violation can be considered unrelated to the actual loss of employment notwithstanding that the loss of employment forms part of the human rights complaint. ... Where the amount of the payment to the complainant is settled without reference to a tribunal, an amount agreed upon for damages for hurt feelings caused by the human rights violation will be considered non-taxable provided that the amount agreed upon does not exceed the amount that would likely have been awarded by the human rights tribunal had the case been heard by the appropriate tribunal. ...

Paragraph 5 of Interpretation Bulletin IT-330R states that, "Where capital properties of a business are sold, a non-competition covenant, given by the vendor (emphasis added) not to carry on a competitive business, is considered to be in respect of the disposition of the goodwill of the business and is therefore not subject to section 42. ... Unless you have evidence that the consideration paid by the XXXXXXXXXX was less than the fair market value of the purchased assets, including goodwill of the XXXXXXXXXX if any, there would not appear to be any basis upon which subsections 15(1), 56(2), 246(2) or other similar provisions can be considered. ...

We are not aware of any provision in the Act which would permit the exclusion from income of a portion of a settlement on account of loss of reputation, aggravated damages, punitive damages or mental distress where the payment of the amount may be considered to be "in respect of a loss of an office or employment". ... The reimbursement of legal costs are not considered part of a retiring allowance but are taxable under paragraph 56(1)(l.2) of the Act. ...

Related persons are defined in section 251 of the Act and a person is not considered to be a person related to himself, herself or itself, unless it is specifically provided for, such as in paragraph 251(5)(c), subsection 256(1.5) and paragraph 13(7)(e.1) of the Act. ... In our view, paragraph 13(7)(e.1) of the Act would not have been necessary if a taxpayer were considered to be a person related to himself, herself or itself. ...

Under trust law capital gains would be considered to be part of the capital of a trust and their distribution would be prohibited other than as a capital encroachment. ... Subsection 104(24) states that an amount is considered to have become payable to a beneficiary in the year only if it was paid to the beneficiary or if the beneficiary was entitled in that year to enforce payment of the amount. ...

It is Revenue Canada's view that a trust will be considered a protective trust when its indenture contains all of the following terms: The settlor is the sole beneficiary of the trust. ... Consequently, the settlor would be considered to have disposed of the property at its fair market value at the time of its transfer to the trust. ...

The dual citizen would not be covered under the CPP where the person was considered to be "an employee engaged locally outside Canada". ... In the case where a dual Canadian/U.S. citizen is sent by the Canadian Government to work at the Canadian Embassy in Washington, the person's employment would be considered to be pensionable employment under subsection 16(1) of Part III of the CPP Regulations. ...

Where two separate plans can be considered to exist pursuant to the above comments (i.e., the employee derives benefits from a PHSP and his or her same-sex partner derives benefits from a health care plan that does not qualify as a PHSP), the benefits from the PHSP would be non-taxable and the benefits in respect of the non-qualifying plan would be subject to tax. ... If the employer provides the benefits from a non-qualifying plan by way of a contribution to a trust or fund held by a third party (such as an insurer) for the payment of claims under the plan, the tax treatment will depend on whether the trust or fund is considered an " employee benefit plan" or an "employee trust". ...