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Shares are considered to be "taken up" at the time of payment if this occurs before the period of acceptance expires and there is no indication that the offeror acquired the usual ownership rights before that time. ... A purchaser's right to dividends, voting rights and right to a return of capital in the event of the corporation's dissolution are considered to be important factors in determining beneficial ownership. ... As long as such restrictions can reasonably be regarded as being for the protection of the vendor's right to collect the sale price, they are not considered significant in determining beneficial ownership. ...

If the taxpayer has considered, in advance, the functions performed by the related entities and the availability of comparable information, the decision to bundle or not should be easier to justify and document in writing. ... In order to make reasonable efforts, the onus is on the taxpayer to have accurately described and to have considered, in advance, whether the arm's length principle is being followed for all related party transactions, bundled or not. Bundling is also an issue that should be considered for all payments to non-residents (even if the parties are not related) as it may have reduced or eliminated, otherwise applicable, withholding taxes. ...

It is considered that this documentation package is consistent with the general principles outlined in Chapter V of the Organisation for Economic Co-operation and Development Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations ("OECD Guidelines"). ... The list of documents below is considered to be exhaustive. That is, it includes all documents that the PATA tax administrations view as necessary in order to provide transfer pricing penalty relief under this package. ... Organizational structure Identification of the participants in the related party dealings and their relationship (with a brief history of and any significant changes in the relationship), including associated enterprises whose transactions directly or indirectly affect the pricing of the related party dealings A description of taxpayer's worldwide organizational structure (including an organization chart) covering all associated enterprises engaged in transactions potentially relevant to determining an arm's length price for the documented transactions Nature of the business/industry and market conditions An outline of the business including a relevant recent history of the taxpayer, the industries operated in, the general economic and legal issues affecting the business and industry, and the taxpayer's business lines The corporate business plans to the extent they give an insight into the nature and purpose of the relevant transactions between the associated enterprises A description of internal procedures and controls in place at the time of the related party dealings Analysis of the economic and legal factors that affect the pricing of taxpayer's property and services A description of the structure, intensity and dynamics of the relevant competitive environment(s) A description of intangible property potentially relevant to the pricing of the taxpayer's property or services in the controlled transactions Copies of annual reports and financial statements for the year to which the Package relates and the prior five years Information as to the functions performed, assets employed and risks assumed relevant to the transactions An explanation of capital relationships (for example, balance and source of debt and equity funding) relevant to the transactions Controlled transactions A description of the controlled transactions that identifies the property or services to which the transaction relates and any intangible rights or property attached thereto, the participants, the scope, timing, frequency of, type, and value of the controlled transactions (including all relevant related party dealings in relevant geographic markets), as well as the currency of the transactions, and the terms and conditions of the transactions and their relationship to the terms and conditions of each other transaction entered into between the participants Identification of internal data relating to the controlled transactions Copies of all relevant inter-company agreements Assumptions, strategies, policies Relevant information regarding business strategies and special circumstances at issue, for example, set-off transactions, market share strategies, distribution channel selection and management strategies that influenced the determination of transfer prices If the taxpayer pursues a market share strategy, documentation demonstrating that appropriate analysis was done prior to implementing the strategy, that the strategy is pursued only for a reasonable period, and that the costs borne by each associated enterprise are proportionate to projected benefits to such enterprise Assumptions and information regarding factors that influenced the setting of prices or the establishment of any pricing policies for the taxpayer and the related party group as a whole Cost contribution arrangements (CCA) Footnote 5 A copy of the CCA agreement that is contemporaneous with its formation (and any revision) and any other agreements relating to the application of the CCA between the CCA participants A list of the arrangement's participants, and any other associated enterprises that will benefit from the CCA The extent of the use of CCA property by associated enterprises which are not CCA participants, including the amounts of consideration paid or payable by these non-participants for use of the CCA property A description of the scope of the activities to be undertaken, including any intangible or class of intangibles in existence or intended to be developed A description of each participant's interest in the results of the CCA activities The duration of the arrangement Procedures for and consequences of a participant entering or withdrawing from the agreement (i.e., buy-in and buy-out payments) and for the modification or termination of the agreement The total amount of contributions incurred pursuant to the arrangement The contributions borne by each participant and the form and value of each participant's initial contributions (including research) with a description of how the value of initial and ongoing contributions is determined and how accounting principles are applied A description of the method used to determine each participant's share of the contributions including projections used to estimate benefits, any rationale and assumptions underlying the projections, and an explanation of why that method was selected The consistent accounting method used to determine the contributions and benefits (including the method used to translate foreign currencies), and to the extent that the method materially differs from accounting principles accepted in the relevant PATA member's country, an explanation of the material differences Identification of each participant's expected benefits to be derived from the CCA, the extent of the benefits expected, and the formula and projections used for allocating or sharing the expected benefits, and the rationale and assumptions underlying the expected benefits Where material differences arise between projected benefits and actual benefits realized, the assumptions made to project future benefits need to be amended for future years, and the revised assumptions documented Procedures governing balancing payments, e.g. where payments are required to reflect differences between projected benefits and actual benefits realized Comparability, functional and risk analysis Description of the comparables including, for tangible property, its physical features, quality, availability; for services, the nature and extent of the services; and for intangible property, the form of the transaction, the type of intangible, the rights to use the intangible that are assigned, and the anticipated benefits from its use Documentation to support material factors that could affect prices or profits in arm's length dealings For the taxpayer and the comparable, identify the factors taken into account by the taxpayer to evaluate comparability, including the characteristics of the property or service transferred, the functions performed (and the significance of those functions in terms of their frequency, nature and value to the respective parties), the assets employed (taking into consideration their age, market value, location, etc.), the risks assumed (including risks such as market risk, financial risk, and credit risk), the terms and conditions of the contract, the business strategies pursued, the economic circumstances (for example, the geographic location, market size, competitive environment, availability of substitute goods and services, levels of supply and demand, nature and extent of government regulations, and costs of production, etc.), and any other special circumstances Criteria used in the selection of comparables including database screens and economic considerations Identification of any internal comparables Adjustments (and reasons for those adjustments) made to the comparables Aggregation analysis (grouping of transactions for comparability) Supporting transfer pricing methodology or methodologies used, if any If a range is used, documentation supporting the establishment of the range Extension of the analysis over a number of years with reasons for the years chosen, where relevant Selection of the transfer pricing method Description of the method selected and the reasons why it was selected, including, for example, economic analysis and projections relied upon Description of the data and methods considered and the analysis performed to determine the transfer pricing and an explanation of why alternate methods considered were not selected Application of the transfer pricing method Documentation of assumptions and judgments made in the course of determining an arm's length outcome (refer to the comparability, functional and risk analysis section above) Documentation of all calculations made in applying the selected method, and of any adjustment factors, in respect of both the taxpayer and the comparable Appropriate updates of prior year documentation relied upon in the current year to reflect adjustments for any material changes in the relevant facts and circumstances Index to documents Background documents Documents that provide the foundation for or otherwise support or were referred to in developing the transfer pricing analysis General index of documents and a description of the record-keeping system used for cataloging and assessing those documents (required in the United States and encouraged, but not required, by other PATA members). 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For purposes of the ETA, ''gift certificate'' includes a gift card provided the gift card meets all the conditions to be considered a gift certificate. ... Upon redemption, the certificates are considered to be coupons for GST/HST purposes and are subject to the provisions of section 181 of the ETA. ... To be considered a gift certificate for GST/HST purposes, the certificate cannot have any intrinsic value. ...

In general, a housing unit will be considered to be a qualifying individual’s principal residence where it is ordinarily inhabited (or is expected to be ordinarily inhabited within that tax year) by the qualifying individual and it is owned (either jointly or otherwise) by the qualifying individual or the qualifying individual’s spouse or common-law partner. ... In the case where a qualifying individual does not own a principal residence, a dwelling will also be considered to be an eligible dwelling of the qualifying individual if it is the principal residence of an eligible individual in respect of the qualifying individual who ordinarily inhabits that dwelling with the eligible individual. Generally, land of ½ hectare (1.24 acres), including the land upon which the housing unit stands and any portion of the adjoining land, will be considered part of the eligible dwelling. 6. ...

If you are an employer, the amounts that you deduct and withhold from the wages of your employees are considered deemed trust amounts. ... Even if you hold these amounts with your personal or business funds, the amounts are considered to be held separate and apart. ... A tax debtor operates a courier company and has an $18,000 payroll deductions debt for 2013; of which $15,000 is considered deemed trust amounts. ...

An officer or employee of a Crown corporation or agency who is determined to be an "officer or servant" of Canada or a province for purposes of paragraph 250(1)(c), and who is on an approved leave of absence from his or her office or employment, may be considered to be an "officer or servant" of Canada or a province during the period of absence if the relevant employment statute provides that an officer or employee is considered to remain a member of the public service during an approved leave of absence. ... This comment was considered to be potentially misleading, as there are in fact many situations in which it is either necessary (e.g., when earning Canadian employment income) or beneficial (e.g., to obtain a refund of certain withholding taxes) for a non-resident to file a Canadian income tax return. ¶ 6 is revised to reflect the importance of distinguishing between factual and deemed residence and to otherwise be more consistent with IT-221R3, Determination of an Individual's Residence Status. ¶ 7 is revised to provide updated contact information for obtaining assistance from the CCRA in determining whether an officer or employee of a Crown corporation or agency is an officer or servant of Canada for purposes of paragraph 250(1)(c) of the Act. ... The reader should, therefore, consider such comments in light of the relevant provisions of the law in force for the particular taxation year being considered, taking into account the effect of any relevant amendments to those provisions or relevant court decisions occurring after the date on which the comments were made. ...

Where renewal or extension periods are considered part of the life of the property under the criteria set out in ¶ 15 above, and where the number of such renewals or extensions is indefinite, the property is not for a limited period and does not qualify as a class 14 property. ... Provisions, including force majeure and contingency termination clauses, which may result in an early termination of the life of a property are not considered relevant in determining the life of the property and whether or not the property is for a limited period. ... A registered industrial design is considered to be a franchise for a limited period and the life of the property on initial registration is 10 years. ...

Ruling Given Based on the facts set out above, the amount paid upon the signing of a merchandising agreement is considered to be “an amount in return for the promotion of the particular property by the particular registrant”. ... Ruling Given Based on the facts set out above, the allowance given to display Manufacturer A’s trademark on the packaging of the frozen pie shells is not considered to be a qualifying allowance for purposes of section 232.1. ... Ruling Given Based on the facts set out above, the allowance given to not stock a competing manufacturer’s product is considered to be “an amount in return for the promotion of the particular property by the particular registrant”. ...

The language used on the site was generally considered understandable, however, it seemed that Individuals tended to skip over or ignore words they did not understand. There are a number of links on the Home page that were considered misleading or confusing. ... The language used on the site was generally considered understandable. ...