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To the best to your knowledge and that of Canco, none of the issues involved in this request for an advance income tax ruling is: dealt with in an earlier return of Canco or a person related to Canco; being considered or under assessment by a tax services office or taxation centre in connection with a previously filed tax return of Canco or a person related to Canco; under objection by Canco or by a person related to Canco; or before the courts, and no judgement has been issued which may be under appeal; or the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... Furthermore, there will be no income or profits tax that would be considered foreign accrual tax that may reasonably be regarded as applicable to the interest in respect of the GCO Loan. ...

First, you would like to know if one hectare of the land subjacent the house, including the entire driveway, can be considered part of your principle residence for purposes of claiming the principal residence exemption. ... A property of an individual must meet one of two general farming-use tests to be considered to be used in the course of carrying on the business of farming in Canada. ...

We understand that to the best of your knowledge and that of the taxpayers on whose behalf this ruling was requested, none of the issues involved in this ruling request are: (a) in an earlier return of the taxpayers referred to above or a related person; (b) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayers referred to above or a related person; (c) under objection by the taxpayers referred to above or a related person; (d) in relation to the taxpayers referred to above or a related person, before the courts or the subject of a judgment the time limit for appeal from which has not expired; or (e) the subject of a ruling previously considered by the Directorate in relation to the taxpayers referred to above or a related person. ...

As a result, USCo would be considered a resident of the US and therefore treated as a non-resident person under the Act. ... However, since Canada and the US have signed an agreement for the Avoidance of Double Taxation with Respect to Taxes on Income and on Capital (the "Convention"), the convention must be considered to determine which country has the right to tax. ...

Subsection 110.6(1.3) of the Act provides that for the purposes of applying the definition of QFP a particular property will not be considered to have been used in the course of carrying on the business of farming in Canada unless the ownership test described in paragraph 110.6(1.3)(a) of the Act is met and one of the two farming-use tests described in paragraph 110.6(1.3)(b) or paragraph 110.6(1.3)(c) of the Act are met. ... While ultimately a question of fact, in respect of the land acquired by Y and Z from X in XXXXXXXXXX, provided that X had, in at least two years, gross revenue from the farming business that exceeded his income from all other sources and provided that such land was used principally in the farming business in Canada in which X was actively engaged on a regular and continuous basis, such land would be considered QFP. ...

De facto control: A corporation is considered by subsection 256(5.1) to be "controlled, directly or indirectly in any manner whatever," where another corporation, person or group of persons has any direct or indirect influence that, if exercised, would result in de facto control of the corporation. ... This would also be the case if we considered BCO's right contained in article XXXXXXXXXX of the Agreement and paragraph 251(5)b). ...

To the best of your knowledge and that of Canco, none of the issues involved in this request for an advance income tax ruling are: (i) dealt with in an earlier return of Canco or a person related to Canco; (ii) being considered by any tax services office or taxation centre in connection with a tax return previously filed by Canco or a person related to Canco; (iii) under objection by Canco or by a person related to Canco; or (iv) before the courts. ... Furthermore, there will be no income or profits tax that would be considered foreign accrual tax that may reasonably be regarded as applicable to the interest in respect of the Dutchco Loan. ...

Should the safe income attributable to the shares of the capital stock of Subco (at the time of the transfer of the interest of the partnership by the individual) be considered in computing the safe income attributable to the preferred shares of the capital stock of Holdco held by the individual? ... In such a case, depending on the circumstances, the capital gain that would result from a disposition of the preferred shares of the capital stock of Holdco could reasonably be considered to be attributable in part to the safe income generated by Subco during the holding period by the individual of his partnership interest, provided that the income earned or realized by Subco was not received by the partnership before the transfer of the interest and that the fair market value of the interest at the time of the transfer is higher than its ACB. ...

Paragraph 118.2(2)(c)- Full-time Attendant at Home Alternatively, we considered whether the rental payments would qualify as "remuneration for one full-time attendant" within the meaning intended by paragraph 118.2(2)(c) of the Act. It is our view that rental payments to a seniors' residence, including those that might indirectly cover the costs of occasional assistance by an attendant would not be considered as remuneration for this purpose. 3. ...

We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in this ruling request is: (i) dealt with in an earlier return of the taxpayer or a related person; (ii) being considered by a tax services office or a taxation centre in connection with a previously filed tax return of the taxpayer or a related person; (iii) under objection by the taxpayer or a related person; (iv) before the courts, or if a judgment has been issued, the time limit for appeal to a higher court has expired, and (v) the subject of a previous ruling issued to the taxpayer or a related person by the Income Tax Rulings Directorate DEFINITIONS In this letter, unless otherwise expressly stated, the following terms have the meanings specified hereunder: a) "Act" means the Income Tax Act, R.S.C. 1985 (5th Suppl.) c.1, as amended to the date hereof, and unless otherwise stated, a reference herein to a part, section, subsection, paragraph or subparagraph is a reference to the relevant provision of the Act and the regulations thereunder are referred to as the "Regulations"; b) "Canco" means XXXXXXXXXX, a XXXXXXXXXX unlimited liability company. ... For the purposes of applying Article X of the Treaty, the amount of the dividend referred to in Ruling C will be considered to be income as described in the definition of "dividends" in Article X(3) of the Treaty. ...