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Subparagraph 212(1)(c)(ii)… provides that an amount that may reasonably be considered to be a distribution of, or derived from, a "dividend that is not a taxable dividend" (e.g. a capital dividend) received by the trust or estate on a share of the capital stock of a corporation resident in Canada is subject to Part XIII tax. ...

…Where more than one property is acquired under one deed, it is our general view that such properties would be considered to be one property. ...

25 September 2000 External T.I. 2000-0038595- PARTITION OF PROPERTY-- summary under Subsection 248(20) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(20) initially one property if acquired under one deed "In a situation where more than one property is acquired under one deed, such properties would be considered to be one property for purposes of the partitioning rules even if the properties were not adjacent. ...

CRA stated: Pursuant to the definition of "excluded property"…a partnership interest held by a foreign affiliate of a taxpayer…will be considered to be excluded property provided that the fair market value of the partnership interest held by the foreign affiliate is not less than 10% of the fair market value of all interests in the partnership and all or substantially all of the property of the partnership is used or held by the partnership principally for the purpose of gaining or producing income from an active business. ...

In response to a query as to whether, where "the indebtedness with respect to a specific creditor was terminated as a result of such restructuring process…such expenses can be considered to relate ‘solely to the year' and, therefore, be eligible for deduction pursuant to paragraph 20(1)(e.1)," CRA stated: Paragraph 20(1)(e.1) of the Act provides that, notwithstanding paragraph 20(1)(e), certain financing expenses that relate only to the year they are incurred are deductible in that year. ...

The bump will not be available to Childco on the winding-up of Parentco because Parent (and, thus, Childco under s. 88(1)(d.2)) will be considered to have acquired control of Parentco at the time of its incorporation (and before the issuance of any shares of Parentco to Parent), at which time Parentco will not hold the marketable securities. ...

., residential units) that must be considered and not supplies of services by it to the residents which must be taken into account in determining whether the head lease is exempt under section 6.1, so that the lease of the assisted-living Facilities would be exempt if the "substantially all" test was satisfied on this basis. ...

.… [W]hile some of the activities, such as processing credit applications, assist FinanceCo in providing a financial service of issuing a credit card and operating and maintaining cardholder accounts, when considered as a whole [the services] are predominantly administrative in nature including storage of account information, card production services, services related to cardholder data and contact centre services. ...

If XCo is an S-Corp, although CRA has taken the position that any Canadian source income received by an S-Corp may be considered to be derived instead by its shareholders pursuant to Art. ...

29 May 2009 External T.I. 2008-0301391E5- EBITDA-- summary under Participating debt interest Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(3)- Participating debt interest acceptable for interest rate to reduce based on improved debt coverage ratio Where (in order to reflect the resulting increased credit worthiness of the borrower) the interest on a loan decreases as the ratio of debt to EBITDA of the Canadian borrower decreases, such interest will not be considered to be participating debt interest. ...