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In all three scenarios, we considered dividends paid to adult family members as not being subject to the TOSI, for individuals where: the employment income based on the T4 slip issued by a family owned- CCPC was above a $15,000 threshold; if they were 25 years of age or older, they owned at least 10 per cent of the shares of a family- owned CCPC that was not in the service or professional sector; they were the spouse of a primary owner aged 65 or over. ...

Fruits and other products of the soil may be considered to be movables, however, when they are the object of an act of alienation. 901. ...

Furthermore, even if a document is executed on or before the date in the document on which it is stipulated to be effective, there may be a subsequent amendment to the document- and the parties may wish the transaction to be considered to occur for tax purposes on the original effective date on the basis described in the amended document. ... There are exceptions to the rule that persons should not be considered to have effected a particular transaction in a specific way on a date if at that time they lacked the requisite intention to do so. ...

., by a compensation formula) to the performance of the subject corporation, the compensation of the CRIC's officers may nevertheless be considered to be connected to the subject corporation's results to a greater extent than that of the parent's officers if such bonuses constitute a greater proportion of the overall compensation of the former than of the latter. … The extent to which the operating results of the subject corporation affect the performance evaluation and compensation of an officer would depend on the relative size and complexity of the subject corporation's operations and the level of responsibility the officer has over those operations. ... In particular, the nature of the oversight exercised by the GP would not normally be considered to displace the decision making authority of the officers of the CRIC for purposes of this exception. ...

In the absence of s. 212.3(18)(a)(ii), the amalgamation of Subco and Canco would be considered to entail an acquisition of all the shares of FA by Amalco, which is deemed by s. 87(2)(a) to be a new corporation for purposes of the Act (including likely the s. 212.3 rules). ... (Similarly, s. 212.3(18)(c)(i) clarifies that Buyco is not considered to have made an indirect $30 investment in FA.) ...

In any event, where the taxpayers sell their shares to an arm's length purchaser who is not an accommodation party as described above, the cash sale price received by the taxpayers likely should not be considered to be an indirect distribution to them of the property of the corporation which was sold (Geransky, but cf. ... It is not necessary for there to be a formal liquidation or winding-up of a corporation under the applicable corporate statute in order for it to be considered to have wound-up or discontinued its business (Smythe). ...

Holdco LP arguably is an investment limited partnership because it intends to invest directly in LP units, so that it may be considered that its primary purpose is to invest primarily in financial instruments (although, as noted in the discussion of the ILP definition, there is a significant basis for considering that this is not the case). ... If this final payment were considered to be part of the consideration for the services it rendered prior to September 8, 2017, the draws received by it in 2017 prior to that date very well might be retroactively subject to s. 272.1(8). ...

(c)(iii) may be considered to be related both to TPP situated outside and inside Canada. ... Since the acquired royalty rights can arise from sales made in Canada, in that sense they might be considered to be used in Canada, so that the exclusion in subpara. ...

The upstream loan would not be considered to be repaid for the purpose of s. 90(14). ...

It would be incongruous for the mere right to collect liquidated amounts to be considered to be such a use as would cause the preceding acquisition of the underlying royalty interest to become an imported taxable supply. ...