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Since the shares of Amalco will be considered substituted shares,these new shares will have the same characteristics as the old shares and therefore be subject to paragraph 110.6(14)(a) of the Act which orders a disposition of identical properties. ...

As stated in our April 16, 1986 memorandum, a corporation incorporated under the Canada Corporations Act cannot, in our opinion, be considered a cooperative corporation within the meaning of subsection 136(2) of the Act notwithstanding that the conditions in paragraphs 136(2)(a)-(c) of the Act may be met by virtue of the enactment of bylaws or changes to articles of incorporation. ...

Our Comments Whether or not a donation, such as the one described above, could be  considered to be a gift to Her Majesty in right of a province would involve a finding of both fact and law.  ...

A shareholder's loan which is repaid within one year of the end of the taxation year in which the debt was incurred may be included in income if it is considered to be part of a series of loans and repayments.  ...

If the change in the identity of the partners affected the composition of the control group anew group of persons would be considered to have acquired control of the corporation for purposes of subsection 249(4) of the Act. ...

However, it is necessary to review the particular agreement(s) to determine whether a payment made pursuant thereto or any part thereof could reasonably be considered to be in respect of copyright in respect of the production or reproduction of a computer program. ...

Subdividing by itself is not considered to be an improvement. 21(1)(b) However, in relation to above position, a submission was made to you on July 28, 1989, (copy enclosed). 24(1) 24(1) 23 Additional Information 21(1)(b) Recommendation 23 21(1)(a) for DirectorBusiness and General DivisionSpecialty Rulings DirectorateLegislative and IntergovernmentalAffairs Branch ...

Department's Position If the series of transactions outlined above results in a significant reduction in the portion of the capital gain that, but for the dividend, would have been realized on the disposition at fair market value of the preference shares of Opco held by Xco or Yco immediately before the dividend and such reduction could reasonably be considered to be attributable to anything other than income earned or realized by any corporation after 1971 and before the commencement of the series of transactions, subsection 55(2) of the Act would apply to the taxable dividend (other than to any portion thereof which is subject to tax under Part IV). ...

We have compared the payments in question to the discounts described in paragraph 27 of IT-470R which are considered to be non-taxable privileges.  ...

However, in a particular transaction the Department would reserve its right to review all of the facts in order to assure that the granting of such security by a specified non-resident shareholder could not be considered the making of a loan to the Bank. ...