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Pursuant to our telephone conversations on October 30 and November 4 (Eisner/XXXXXXXXXX), your concerns are whether the condition in paragraph 5(a) of IT-365R2 can be considered to have been satisfied when (i) a plaintiff has only exhibited the acute stages of the disease; and (b) a plaintiff suffers from the chronic stage of the disease. ...

This being the case, any payment received by the employee upon termination of employment would not be considered to be a retiring allowance as defined in subsection 248(1) of the Income Tax Act (the "Act"). ...

In its response to Question 13 at the 1984 Revenue Canada Round Table published in the Report of the Thirty-Sixth Tax Conference, 1984, the Department stated that "constructive receipt is considered to occur in situations where an amount is credited to an employee's debt or account, set apart for the employee, or otherwise available to the employee without any restriction concerning its use". ...

LLC that elected to be treated as a corporation under the check-the-box rules would be considered as being a resident of the U.S. within the meaning of paragraph 1 of Article IV of the Canada-U.S. ...

With regard to: (a) the definition of “qualifying fiscal period” under subsection 34.2(1) of the Act, (i) paragraph 249.1(1)(b) of the Act requires professional corporations that are members of a partnership to have fiscal periods that coincide with the calendar year, (ii) each fiscal period of the partnership that ends in the professional corporation’s taxation year ending at the end of 1995 where the partnership's business was carried on by the corporation as a member of the partnership at the end of 1994 is considered to be a qualifying fiscal period for the purposes of section 34.2 of the Act. ...

Since a bicycle is not stable in its stationary position, it could not be considered to be a chair, which is one of the essential characteristics of a wheelchair. ...

A's death can be considered to be the grandfathered shares such that subsection 112(3.2) will not apply. ...

It is our understanding that none of these corporations are considered to be a "financial institution" as that term is defined in subsection 181(1) of the Act. ...

In this regard, it is important to note that the 183 day rule regarding deemed residence as provided for in paragraph 250(1)(a) of the Income Tax Act is of relevance only in the case of sojourners and is of no relevance in the case of a factual resident other than the fact that the greater the length of time a person spends in Canada the more likely that that person will have established sufficient ties here to considered as being a factual resident here. ...

Having said this, the mere fact that a non-resident corporation maintains a bank account in Canada for the purpose of paying its suppliers, in and of itself, will not cause the corporation to be considered as carrying business in this country for purposes of the Act. ...