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An association that qualifies for exemption in a particular year may cease to qualify in a subsequent year by failing to operate in accordance with one of the purposes for which it was organized or by revising its objectives in such a way that it is no longer considered to be organized in accordance with a purpose specified in paragraph 149(1)(l) of the Act. ... Assuming that your particular entity does not engage in such activities and receive such fees or commissions, it may be considered to be organized as a non-profit organization for purposes of (b) above, provided it is, in fact, organized in accordance with its stated objectives. ...

A corporation is treated as a separate taxpayer and it is not considered a status Indian for purposes of the exemption. ... In Recalma v. the Queen, (96 DTC 1520, 98 DTC 6238), the Tax Court of Canada, as confirmed by the Federal Court of Appeal, considered the taxation of income earned by an Indian living on reserve, from investments purchased from an on reserve branch of a bank. ...

B is used to provide the 24-hour care and is considered to be the principal place of residence of the handicapped adults.? ... C provides some part-time care in her principal residence, but her residence is not considered the principal place of residence of the handicapped adults.? ...

You inquire as to whether or not these firefighters can be considered "volunteers" who qualify for the exemption pursuant to subsection 81(4) of the Income Tax Act (the Act), and whether or not the municipality is required to withhold CPP payments, EI premiums or Part I income tax on amounts paid to these firefighters. ... The Act does not define "volunteer", therefore the general meaning is considered when applying the exemption for volunteers. ...

The central management and control of an organization is usually considered to be exercised by the group that performs the function of a board of directors of the organization. ... There must be sufficient control exercised from a reserve in order for the organization to be considered to be resident there. ...

Position: General comments Reasons: Actual situation considered. 2003-003469 XXXXXXXXXX Luisa A. ... Generally, equipment would be considered to be reconditioned or remanufactured if it has been repaired, overhauled or reconstructed. ...

Since an IRA would be considered a "pension" for the purposes of Article XVIII of the Treaty, an amount paid out of an IRA to a resident of Canada will be taxed in Canada unless the amount would have been exempt from tax in the U.S. if it had been received by a resident of the U.S.. ... While there are certain exceptions, the taxes withheld by the administrator of an IRA are generally considered to be non-business taxes paid to the United States. ...

The determination of whether or not a period of employment can be considered as "eligible service" for the purposes of an RPP is a question of fact, which requires an examination of the terms of your employer's RPP and the relevant Income Tax Regulations (the "Regulations"). ... In Henderson 1991 DTC 1116 (TCC), the court considered whether the taxpayer was in "employment" as defined in subsection 248(1) of the Act. ...

Historically, the manner in which a deceased taxpayer's tax payable for the year of death was reduced as a result of an election under subsection 164(6) was that the deceased taxpayer's legal representative was considered to have paid an amount on account of the deceased taxpayer's tax payable for the year of death equal to the reduction in tax that would have occurred if the losses subject to the election had been realized by the deceased taxpayer rather than by the estate. ... When the total of the capital losses that are the subject of an election under subsection 164(6) and capital losses otherwise realized by the deceased taxpayer in the year of death exceed the amount of capital gains realized by the deceased taxpayer in that year, paragraph 164(6)(f) limits the application of the resulting net capital loss to any other taxation year to the extent that the amount of the net capital loss can be considered to be in respect of the capital losses that were the subject of the election under subsection 164(6). ...

We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in the ruling request: (i) is in an earlier return of a taxpayer or a related person; (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of a taxpayer or a related person; (iii) is under objection by a taxpayer or a related person; (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; and (v) is the subject of a ruling previously issued by the Directorate. ... Subsequent to that meeting, the Corporation and the Shareholder/Managers became aware that the Canada Revenue Agency clarified its policy on when such remuneration would be considered reasonable for purposes of section 67 of the Act, and as a result, jointly decided that the Bonus would not be paid until such time as a favourable advance income tax ruling could be obtained on the income tax status of the Bonus. ...