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Note that all requirements must be met under the ITA to be considered a designated member for the purpose of the assignment and similarly for the allocation of the business limit from the partnership and those requirements have not been considered in the response. ... The issue will be considered further and discussed with our Publications staff in HQ. ... A transcript faxed subsequent to the original processing review response often is not considered, either. ...

CRA has considered whether its Large Business compliance approach is in line with a cooperative compliance regime and whether we should introduce a formal pre-filing review program. ... Are any initiatives being considered by the CRA to improve the corporate tax assessment process in the ITSO? ... When a subsidiary corporation is wound up into a parent corporation, it ceases to exist as a legal entity and cannot be considered part of the parent corporation. ...

The creation of a separate telephone enquiries line for representatives is not being considered at this time. ... Adding additional filtering options may be considered for future enhancements. ... If the return was fled by October 1, it was considered to have been fled on time. ...

In a scenario where the corporation has income from the provision of services and from income from non-services, the two should generally be computed separately, and the non-service income considered in determining if the requirement of the definition is met. ... Subpart F income is not deemed to be income under Canadian domestic law, and thus would not be considered to be U.S. ... Subsection 75(2) of the Act applies so that the income of the alter ego trust is considered to be the income of the Settlor, who created the trust and who is, under the trust, a lifetime beneficiary. ...

Respecting the tests in s. 20(1)(c)(ii), it might be considered that the note was consideration for property acquired. ... In any other assessment, GAAR likely would be applied as the double-utilization of the SIOH would be considered to be abusive. ...

The Technical Explanation indicates that the U.S. resident is considered to derive the Canadian-source dividends for purposes of the Canada-U.S. Treaty and thus, the dividends are considered as being “paid to” the U.S. resident. ... LLC is not considered for purposes of the application of the Treaty to be a “resident” of the U.S. ...

c) If this constitutes construction of a residential complex, would 5, or only the 1 additional unit, be considered to be constructed? ... Since NewCo is not considered to have constructed or substantially renovated the residential complex, it is not considered a builder for the purpose of paragraphs (a) nor (b) of the definition of “builder” in subsection 123(1). ... In this case, the coupon is not considered to be for a fixed dollar amount. ...

The potential application of subsection 261(18) of the Act could be considered based on the facts and circumstances of the asset transfers. ... Where more time is required for issues to be considered due to challenges arising from COVID-19, taxpayers are invited to provide waivers as needed. ... If so, assuming that one or more of the steps that are part of the series of transactions is an avoidance transaction, would the CRA be of the view that they would reasonably be considered to result in a misuse or abuse of the provisions of the Act such that subsection 245(2) would be applicable? ...

In other words, economic reality was considered to be quite important. ... The question certainly is not “is the legal form of the transaction tracking what it should be considered economically” – we’re not upending the Canadian tradition of focusing on legal form. ... The disclosure exemption is considered quite important. Coming Into Force Date Q: Does Finance have any information about the coming-into-force date of the GAAR amendments? ...

Subsection 91(4.1) is the main operative rule and is triggered where at any time in the taxation year of a foreign affiliate, a person or partnership referred to in the FTCG rules as a “specified owner” in respect of the taxpayer, is considered under the relevant foreign tax law to own less than all of the shares of a particular corporation – that is a “pertinent person or partnership” in respect the affiliate – that are considered to be owned by the specified owner for the purposes of the Act (the “Lesser Ownership Test”). ... In cases where administrative relief has been provided, the apparent intent was to reduce what would otherwise be considered an undue compliance burden for the reporting entity. ... The situation considered involved the second and the third affiliates being fiscally transparent under the tax law of a foreign jurisdiction and the second affiliate incurring interest and other expenses, which reduced the income ultimately included in the income of the indirect member or shareholder of the third affiliate. ...