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However, in the event the above transactions were part of a series of transactions that was designed to avoid the application of subsection 15(2) to moneys acquired by a shareholder or a corporation connected to the shareholder of Canco, the series of transactions may be considered a misuse of subsection 15(8) of the Act and subsection 245(2) may apply. ...

The two situations that we considered are: 1) Where the new employer waives the vesting period under the RPP; and 2) Where the employee commutes his pension with the old employer and transfers the commuted value of his/her pension benefits to the money purchase RPP of the new employer. ...

We are of the view, given the limited information that you have provided in your letter, that the settlement amount for the income taxes, interest and penalties paid could be considered a receipt on account of capital and that the amount could indeed be a non-taxable capital receipt. ...

The employment duties of each particular Indian employee must be considered to determine if they were in connection with the employer's non-commercial activities carried on exclusively for the benefit of Indians who for the most part live on reserves. ...

Even if they may so qualify, we find it difficult to accept that an $80 per day allowance in the situation where the employer pays the conference fee, hotel accommodation charge and all transportation costs in addition to the per diem can be considered reasonable. ...

The phrase "one full-time attendant" as found in paragraphs 118.2(2)(b) and (c) of the Act has been judicially considered by the former Tax Appeal Board in the case of Wakelyn v M.N.R. (71 DTC 35) dealing with subparagraph 27(1)(c)(iv) of the pre-1972 Income Tax Act. ...

The amount stipulated in the agreement is an amount considered reasonable by both parties to the agreement. ...

Where it is impossible to trace which part of the funds in the RRSP is reasonably attributable to contributions to the RRSP or income on these contributions, the Department is prepared to accept that an amount of money not exceeding the total contributions by the particular individual to the RRSP be considered contributions to the RRSP for the purposes of the definition of qualified trust under subsection 127.4(1) of the Act. ...

Although we cannot confirm that any of the payments you have described could be considered a "retiring allowance" within the meaning of subsection 248(1) of the Income Tax Act (the "Act"), we offer the following general comments. ...

In these circumstances, paragraph 15(1)(c) is still considered to apply provided that rights are in fact issued to the non-resident shareholders and they are entitled to sell such rights. ...