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Whether or not a gift is considered to have been made by a taxpayer "by his or her will" is a question of fact. The CCRA's view is that where the wording of the will is such that: a) it is clear that the deceased taxpayer intended to make a donation to a registered charity; b) the amount of the donation to be made to the registered charity is stipulated as a specific percentage of the deceased's Estate, or any residual, if applicable; c) the will clearly specifies what is to be paid from the Estate in determining the amount of any residual, if applicable; and d) the will does not provide for discretionary capital encroachments by the trustees of the Estate or others, then a donation will be considered to have been made by the deceased by his or her will for the purposes of subsection 118.1(5). ...

For example, it is uncertain whether your plan is an "insurance plan"- an essential requirement to be considered a "wage loss replacement plan". ... As noted in paragraph 7 of IT-428, if the employer merely accounts for the plan as an unfunded contingency reserve, it is not an insurance plan, and consequently, would not be considered a "wage loss replacement plan". ...

This requirement will generally be satisfied when the results of the SR&ED, if successful, have a direct and beneficial application in the business that is carried on by the taxpayer in the year. 2) Paragraph 37(8)(c) of the Act provides that the prosecution of SR&ED, in and by itself, is only considered a business of the taxpayer to which the SR&ED relates if the taxpayer derives all or substantially all of its revenue from the prosecution of SR&ED. For this purpose, a taxpayer deriving 90% or more of its revenue from the prosecution of SR&ED is considered to derive all or substantially all of its revenue from the prosecution of SR&ED. ...

The following items that relate to a particular program (whether identified separately or included as course or subject fees) are considered eligible tuition fees: (a) admission fees; (b) charges for use of library or laboratory facilities; (c) exemption fees; (d) examination fees (including re-reading charges); (e) application fees (but only if the student subsequently enrols in the institution); (f) confirmation fees; (g) charges for a certificate, diploma or degree; (h) membership or seminar fees that are specifically related to an academic program and its administration; (i) mandatory computer service fees; and (j) academic fees. ... Fees for the following items (whether identified separately or included as course or subject fees) are not considered eligible tuition fees: (a) student activities, whether social or athletic; (b) medical care or health services; (c) transportation and parking; (d) board and lodging; (e) goods of enduring value that are to be retained by students (e.g. slide rule, microscope, uniform, gown, etc.); (f) initiation fees or entrance fees to professional organizations; and (g) administrative penalties incurred when a student withdraws from a program or an institution. ...

Subparagraph 60(j.1)(v) of the Act is one of the special rules which permits a former employer to be considered to be related where service with the former employer is recognized under the current employer's pension plan (as noted in subparagraph 13(b) of the Bulletin). In these circumstances, the years of service with both employers may be considered for purposes of paragraph 60(j.1) of the Act. ...

We would add that although the use of assets of a club may be a factor to be considered in determining the purpose(s) or main purpose of the club, arguably of greater importance in such a determination is the content of the by-laws enacted by the club to regulate its affairs. ... In that case, the meaning of the word "facilities" was considered where it was stated: "I quote from Webster Living Dictionary 1973-1974 edition the definition of "facility": "The quality of being easily performed or guided: ease in performance: readiness proceeding from skill or use: dexterity: freedom from difficulty: the means by which the accomplishment of anything is rendered easier: often pl. something built and activated to serve a particular purpose; such as, the school's luncheon facilities. ...

To establish the contrary, the child or the child's legal representative may write to the tax services office outlining the reasons why the child should be considered financially dependent on the annuitant at the time of death. The factors that would be considered when establishing the existence of a child or grandchild's financial dependence include: 1. the income of the child from all sources; 2. the cost of living (including the cost of the child or grandchild's medical or special care requirements being paid by the annuitant at time of death) and the ability of the child to provide for self-support; 3. the support provided to the child from sources other than income (including the annuitant). ...

Interpretation Bulletin IT-221R3, "Determination of an Individual's Residence Status" (a copy of which can be obtained from our website at www.ccra-adrc.gc.ca) describes circumstances in which an individual is considered to continue to be resident in Canada after having physically departed from Canada. ... In determining this, the major factors to be considered are: (a) the objects of the employer's business; and (b) the nature of the activities the employer is carrying on outside Canada. ...

Principal Issues: whether alternative investment market ("AIM") of London Stock Exchange ("LSE") is a prescribed stock exchange Position: no Reasons: documentation provided indicated that AIM is a market for unlisted securities and that shares sold on AIM are not considered listed since the shares do not go through the 2-stage admission process required for listing on the LSE. ... These comments are provided in accordance with the guidelines set out in paragraph 22 of Information Circular IC 70-6R5 dated May 17, 2002 issued by the Canada Customs and Revenue Agency (the CCRA) and are not considered binding on the CCRA. ...

The above limitations on the deduction of interest and property taxes do not apply in connection with land that can reasonably be considered to have been used in the course of a business, other than a land development business carried on in the year by the taxpayer, by virtue of paragraph 18(2)(c) of the Act, or held primarily for the purpose of gaining or producing income of the taxpayer from the land for the year, by virtue of paragraph 18(2)(d) of the Act. Whether land may reasonably be considered to have been used in the course of a business carried on in the year by the taxpayer is a question of fact that can only be determined based on a review of all of the relevant details of the particular situation. ...