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Reasons FOR POSITION TAKEN: The terms of the settlement are considered to be consistent with the Department's position set out in IT-365R2 (in particular paragraphs 3 and 5). ... To the best of your knowledge, and that of the taxpayer involved, none of the issues contained herein is, in an earlier return of the taxpayer or a related person, being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person or is under objection by the taxpayer or a related person and is before the courts or, if a judgement has been issued, the time limit for appeal to a higher court has not expired. ...

First, you ask whether stock option benefits would be considered to be included in the phrase "salary, wages and other similar remuneration" for the purposes of Article 15 of the Canada- U.K. ... X's income in 1995 under subparagraph 115(1)(a)(i) of the Act since the entire stock option benefit is considered to be attributable to Mr. ...

In this regard, although LLC generates business income, the U.S. taxes paid by the taxpayer are not considered to be business income taxes as defined under subsection 126(7) of the Act because they are not in respect of any business carried on by the taxpayer in the U.S. ... Although what the taxpayer owns is the shares of ULC which is a Canadian corporation, the U.S. taxes paid can be considered to be in respect of such shares such that the deduction under subsection 20(12) of the Act would not be denied because that subsection, unlike subsection 20(11), does not use the clause "that is income from a source outside Canada". ...

If a new seniors' residence (the "new property") is built to replace the existing seniors' residence, and the new property will provide similar services to its senior citizen residents, you request our views whether: 1. the seniors' residence will be considered a "former business property." 2. the new property will be considered a replacement property for the current seniors' residence. 3. the replacement property rules can be used to defer a capital gain and recapture arising from the disposition, to an arm's length party, of 50% of an undivided interest in a capital property that qualifies as a former business property. 4. the replacement property rules can be used to defer the capital gain and recapture arising from the disposition of 100% of an undivided interest in a capital property that qualifies as a former business property, where 50% of the undivided interest is disposed of to an arm's length party and 50% is disposed of to an non-arm's length party. ...

In a previous opinion, we had noted that the limited weight that an on reserve customer would otherwise carry as a connecting factor will not be recognized if it can reasonably be considered that one of the main purposes for the location of the customer on reserve is to serve as a connection between the fishermen's business and a reserve, by acting as an intermediary between the fishermen and the actual fish buyers who are located off reserve. ... The fact situation involving each individual Indian employee would need to be considered to determine whether their employment income is exempt. ...

You have specifically requested whether your wages for the period of XXXXXXXXXX would be considered as income earned on reserve and, as a result, exempt from taxation. ... As indicated, time spent travelling to and from the reserve would not be considered time spent on reserve. ...

Reasons: (a) The amount is considered to be a superannuation or pension benefit. In this case (b) the provisions of ITAR would not apply, (c) the payment would not be considered a right or thing and (d) the new proposed legislation of section 110.2 does not apply to lump sum pension surplus payments. ...

A student who is in regular attendance in a qualifying educational program is considered to be enrolled as a full-time student. ... Since regular attendance in the CGA program is one course per session, a student will be considered full-time where she is enrolled in at least one CGA course in a session. ...

You requested the following regarding the amendments to paragraph 149(1)(d): 1. an interpretation of what categories of land would be included in the expression 'geographical boundaries'; 2. whether contracts signed with the federal, provincial or municipal governments under which a portion, or the whole, of a contract has to be carried out outside of the geographical boundaries of the reserve would be considered within the geographical boundaries of the reserve; and 3. confirmation that the definition of income does not include 'grants' wherever that 'body' that pays the grant is located. ... The XXXXXXXXXX would have to be considered to be a municipality for purposes of paragraph 149(1)(c) in order for a corporation that they own to be eligible for a paragraph 149(1)(d.5) exemption. 1. ...

You have advised that, to the best of the knowledge of yourself and that of responsible officials of XXXXXXXXXX that none of the issues being considered in this advance income tax ruling request is involved in an income tax return of any of those corporations, is being considered by a Taxation Services Office or Taxation Centre of Canada Customs and Revenue Agency, is the subject of an objection or appeal by those corporations or a person related thereto, are before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired, or is the subject of an advance income tax ruling previously issued. ...