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We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in the ruling request: (i) is in an earlier return of a taxpayer or a related person; (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of a taxpayer or a related person; (iii) is under objection by a taxpayer or a related person; (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; and (v) is the subject of a ruling previously issued by the Directorate. ... The irrevocable allocation that will be made by an Employee to allocate all or part of a Year-End Payout to the HSA as described above, will not, in and of itself, be considered income from employment pursuant to either subsection 5(1) or paragraph 6(1)(a) of the Act. ...

" Pursuant to the Provision, Corporation Y can therefore be considered as one of the discretionary beneficiaries of the income and capital of Trust X. ... However, it should be noted that in a situation as the one described above, as well as in the situation considered in question 3 of the APFF Round Table on Federal Taxation- 2005 Conference, the use of an anti-avoidance disposition such as subsection 75(2) ITA in order to obtain a tax benefit (i.e., the application of subsection 75(2) ITA in combination with subsection 112(1) ITA allows the avoidance of the payment of any taxes with respect to the dividend received by Trust X and distributed to its beneficiaries) would trigger the application of subsection 245(2) ITA. ...

For purposes of this letter, however, we have assumed that the settlement fund is not a trust, or that the payout from the settlement can be considered received by the group of shareholders notwithstanding the funds were used to settle a trust. ... The courts have said that damages must be considered in light of the purpose and the effect of the action in which they were awarded (CNR v The Queen 88 DTC 6340). ...

Subco is considered a resident of XXXXXXXXXX under common law principles and for the purposes of the Treaty. 3. ... We understand that, to the best of your knowledge and that of Canco, none of the issues involved in this ruling request: (i) is in an earlier return of Canco or a related person, (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of Canco or a related person, (iii) is under objection by Canco or a related person, (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired, or (v) is the subject of a ruling previously issued by the Directorate. ...

Reasons: Like a SAR, this plan may be considered a payment for future services since the eventual payout is based on the future performance of the Parentco group of companies. ... To the best of your knowledge and that of the Taxpayers, none of the issues involved in the ruling request is: i. in an earlier return of one of the Taxpayers or a related person; ii. being considered by a tax services office or a tax centre in connection with a tax return already filed by one of the Taxpayers or a related person; iii. under objection by one of the Taxpayers 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 not expired; and v. the subject of a ruling previously issued by the Directorate to one of the Taxpayers or a related person. ...

Reasons: The First Nation can be considered a public body performing a function of government in Canada within the meaning of paragraph 149(1)(c). ... To the best of your knowledge and that of the First Nation, none of the issues involved in the ruling request is: i. in an earlier return of the First Nation or a related person; ii. being considered by a tax services office or a tax centre in connection with a tax return already filed by the First Nation or a related person; iii. under objection by the First Nation or a related person; and iv. before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired. ...

If the receipt relates to the loss of an income-producing asset, it will be considered to be a capital receipt; on the other hand, if it is compensation for the loss of income, it will constitute business income. ... Alternatively, for the proceeds from the settlement to be considered that of a capital nature, it would have to shown that the whole profit-making apparatus of Landco's business was crippled as a result of the vendor's release from the purchase agreement. ...

Position: Question of fact- general comments provided Reasons: Pertinent issues that may be considered have been addressed in the response. ... The provision was not intended to allow the deduction of amounts which were unreasonable in the circumstances and which would be considered unreasonable if paid in full by any employer to the RCA. ...

To the best of your knowledge, and that of each of the Partners, none of the issues involved in this ruling request are: a. reported in an earlier tax return of any of the Partners or a person related to any of them; b. being considered by a tax services office or a taxation centre in connection with a previously filed tax return of any of the Partners or a person related to any of them; c. under objection by any of the Partners or a person related to any of them; d. before the courts or, if a judgement has been issued, the time limit for appeal to a higher court has expired in respect of any of the Partners or a person related to any of them; or e. the subject of a ruling previously considered by the Income Tax Rulings Directorate for any of the Partners or a person related to any of them. 3. ...

In particular, you ask us whether the interest income on the Deposit and the Guarantee Fee would be considered to be "derived from amounts that were paid or payable, directly or indirectly" to FA2 by FA1. ... We have said in the past that where an arm's length intermediary is involved in a payment flow, an amount would be considered to be paid or payable directly or indirectly by another qualified foreign affiliate to a particular foreign affiliate if the payment can be traced and shown to be an indirect payment to the other foreign affiliate. ...