Search - considered

The reason for the difference between the two types of reservations was that it was impossible to get the unanimous agreement of everybody in the room on all of the different free form reservations that were being considered by countries. ... This is generally considered more relevant to independent opinion-style arbitration than to baseball-style. ...

Another interpretive issue is whether Subco can be considered to be "formed” on the merger or combination for the purposes of s. 40(3.5)(c)(i). ... This is slightly fewer cases than in prior years, but still considered to be within norms. ... As a result, It is our view that foreign exchange gains or losses in respect of a debt obligation are considered to realized or sustained only on the settlement or extinguishment of the debt. ...

The main question here is whether a payment pursuant to representations and warranties in an M&A type of transaction can be considered as payment for the settlement of such indemnities, or as proceeds of disposition of shares being disposed of in such a transaction. ... In our view, when looking at s. 84(3), the amount considered to be paid for the repurchase shares under s. 84(3) should be equal to the amount of the settlement of the indemnity claim. ... However, since then, there has been additional information to be considered. ...

Based on the general definitions above, residential condominiums being real estate (immovable property in Québec), they would not be considered “goods” under paragraph 95(3)(b). ... The courts have repeatedly considered evidence beyond the location of board meetings in order to look at the whole “course of business and trading” of a corporation. ... [FN2: Decision rendered on November 26, 2021; [2021 SCC 49]] The SCC considered a matter central to the CRA’s ongoing efforts to protect Canada’s tax base and the integrity of its tax treaties. ...

Generally, for a right to receive an amount to be considered a right or thing of an individual within the meaning of subsection 70(2), the individual must be legally entitled to it at the time of death and the value of the right must be determinable at that time. ... (b) An immovable is normally considered to be a single property unless it is legally subdivided into two or more separate properties. ... As part of the Financial Strategies and Instruments Roundtable at the 2022 APFF Conference, a question was asked as to when an HBP repayment could be considered to reset the HBP balance to nil. ...

CRA Responses (a) For purposes of this response, it is assumed that USco and LLC were not corporations considered “inactive” for purposes of filing the T1134 information return. ... b) If so: i) Are there specific factors to be considered in order to make this determination (for example, in the trust deed)? ... Since each situation must be analyzed in light of its own circumstances, the CRA is not in a position to set out a list of specific factors to be considered in this analysis. ...

Finally, note that in the presence of a taxable inter-corporation dividend (actual or deemed), the potential application of subsection 55(2) should be considered, depending on the facts and circumstances of a particular situation. ... Although in certain circumstances the dividend paid by Opco to the holding corporation of the active shareholder may not be considered to have any of the purposes described in paragraph 55(2.1)(b), that determination can only be made after a review of all the facts of a particular situation. ... The portion of the dividend exceeds income earned or realized by a corporation that could reasonably be considered to contribute to the unrealized capital gain on Class B shares of the capital stock of the operating corporation held by the holding corporation ("safe income on hand"). ...

CRA Response to Q.8(a) and (b) Where an estate, considered to be a trust for purposes of the Income Tax Act, receives an amount as a superannuation or pension benefit, it must include that amount in computing its income pursuant to subparagraph 56(1)(a)(i) I.T.A. ... CRA Response to Q.9(b) To reflect the above response, an update to the Non-Resident Tax Calculator will be considered. ... Thus, holding RRSPs and RRIFs in trust will not change the fact that income from those plans will be considered "pension" income for purposes of the Convention. ...

Where, based on risk assessment and the regional work plans, we find that a TSO has more high-risk cases than they can complete based on their current work in progress, based on their resources, based on their technical capacity, and perhaps based on their industry knowledge, those additional cases that are identified will then be considered for workload portability. ... Where the risk is considered low, we'll try and close those files, and what remains would be high-risk, old outstanding years. ... If there are recurring issues, if the taxpayer is considered high risk, if the taxpayer has been less than transparent and cooperative with the CRA, then we will consider going back into earlier years to address those high-risk issues. ...

Oral Response Dave Beaulne: In addition to speaking about this issue at the Canadian Tax Foundation in November, we spoke about it at last year's IFA conference in Calgary, where we outlined several factors being considered in the analysis. ... We will reiterate a couple of the factors that we considered to be of overwhelming significance- those being: legal personality- I know we went down that road a number of years ago, but these entities that we were asked to opine on [i.e. ... Our understanding is that US Parent, US Sub, and the ULC are all considered as fiscally transparent for U.S purposes, so for purposes of subparagraph 7(b), we are looking at the "same treatment" test for U.S. purposes under which there is a comparison between the treatment if the interest had been paid by the ULC as a fiscally transparent entity, or as a corporation that is not fiscally transparent. ...