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Is the court order considered to be a court order made after April 1997? ... Position: Yes, the court order dated XXXXXXXXXX, is considered to be a court order made after April 1997 and paragraph (a) of the definition of “commencement day” in subsection 56.1(4) applies. ...

Unless the taxpayer can elect under subsection 85(1) at his ACB, which would likely only be considered where there is no recapture or the recapture is nominal, subsection 85(1) should not be considered for the same reasons as explained above (ie. the benefits of the CGD election will effectively be lost where the taxpayer does not choose an agreed amount in his subsection 85(1) rollover that is equal to the amount designated in the CGD election). ...

However, please note the Department's following general position (paragraph 9 of Interpretation Bulletin IT-113R4: "Benefits to Employees- Stock Options"): If an employee acquires shares pursuant to a stock option agreement, the provisions of which prohibit transfer of the shares for a period of time, the employee is considered to have "acquired" the shares within the meaning of section 7. The value of the shares is considered to be the fair market value of identical shares at the time of acquisition that have no trading restriction less an appropriate discount in respect of the restriction. ...

The limited weight that the on reserve location of the cooperative would otherwise carry, as a connecting factor, will not be recognized if it can reasonably be considered that one of the main purposes for the establishment of the cooperative is to serve as a connection between the fishermen's business income and a reserve, by acting as an intermediary between the fishermen and the actual fish buyers who are located off reserve. ... Consequently, in the above-described situation, the (limited) weight that the on reserve location of the cooperative would otherwise carry, as a connecting factor, will not be recognized if it can reasonably be considered that one of the main purposes for the establishment of the cooperative is to serve as a connection between the fishermen's business income and a reserve, by acting as an intermediary between the fishermen and the actual fish buyers who are located off reserve. ...

" For amounts to be considered "rights or things" pursuant to subsection 70(2), the deceased must have had a clear right to the amounts at the time of death. ... This supports the argument that the Payment can be considered a "right or thing. ...

We understand that to the best of your knowledge, and that of the taxpayers involved, none of the matters considered in this ruling request are: (a)in an earlier return of the taxpayers or a related person; (b)being considered by a tax service office or taxation centre in connection with a previously filed tax return of the taxpayers or a related person; (c)under objection by the taxpayers or a related person; (d)before the courts; and (e)the subject of a ruling previously issued by this Directorate to the taxpayers or a related person. ...

OTHER INFORMATION 24.To the best of your knowledge and that of the Employee, none of the issues involved in this ruling request is being considered by a taxation services office or a taxation centre of Revenue Canada in connection with a tax return already filed nor are any of such issues under objection or appeal. ... B.Neither the amount of $XXXXXXXXXX nor the portion of the $XXXXXXXXXX paid by the Government to the Employee as described in, respectively, 19 ii) and iv) above will be considered to be employment income or a retiring allowance to the Employee and neither will be required to be included in the Employee's income under either subsection 5(1) or subparagraph 56(1)(a)(ii) of the Act. ...

Principal Issues: What amount will be considered as a contribution to an RCA where an employer funds the RCA with a letter of credit that will reduce its line of credit, where the line of credit is secured by the assets of the employer? ... We have been advised that to the best of your knowledge none of the issues involved herein are being considered by a Tax Services Office or Taxation Centre of Revenue Canada in connection with a tax return already filed and that none of the issues are under objection or appeal. ...

A Participant will be considered disabled where the Participant meets the definition of "Disability" under the long-term disability insurance plan sponsored by the Employer under which the Participant is insured. ... To the best of your knowledge and the knowledge of the Employer, none of the issues involved in this ruling request is being considered by a tax services office or taxation centre in connection with an income tax return already filed, and none of the issues is under objection or appeal. ...

Position: 1) The shares may qualify as “qualified farm property” and be eligible for the 70(9.2) rollover. 2) The farmland would be considered “used principally”. ... Paragraph 14 of Interpretation Bulletin IT-349R3 indicates that a lessor of farm property is not considered to be using the property in the business of farming. ...