Search - considered

Under most corporate statutes, an amalgamated corporation is considered to be a continuation of the amalgamating corporations (Guaranty Properties), so that the amalgamated corporation may execute an election on behalf of one of its predecessors. ...

Given this practice, it might be considered that its primary purpose is to invest its fund primarily in partnership interests, which are financial instruments. ... It likely is not intended that they are to be considered to have an “interest” in the borrower partnership. ... As is discussed in relation to Example 1 above, there is perhaps a risk that the holding LP would be considered to satisfy the primary-purpose test, so that it would be an ILP, with a commensurate risk that general partner distributions made by it would be subject to GST/HST (as well as mildly onerous SLFI filing and remittance obligations being generated). ...

Second, the incurring of losses in the year of the designation would have the effect of reducing or eliminating the amount of the additional income which otherwise could be considered to have been allocated to the unitholders, so that the deduction for the following year would be reduced or eliminated accordingly. ...

Such practice is generally considered to be an "improper" use of tax treaties. ...

" Numerical example of application of SAM formula Assumptions In 2015 MFT incurs third-party expenses of $1 million, which are subject to federal GST of $50,000 and Ontario HST of $80,000, as all such supplies are considered to be made in Ontario. ...

Sales tax harmonization agreement 8.3 (1) The Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement or arrangement with the government of a province respecting sales taxes and, without restricting the generality of the foregoing, respecting (a) the integration of sales taxes applicable in the province into taxes collected, administered and enforced under a single Act of Parliament; (b) the collection of taxes applicable in the province, whether imposed under an Act of Parliament or levied under an Act of the legislature of the province, and the administration and enforcement of the Acts imposing the taxes; (c) the provision to the Government of Canada by the government of the province, or to the government of the province by the Government of Canada, of information acquired in the administration and enforcement of Acts imposing taxes, Acts relating to the disclosure, displaying or advertisement of prices for property or services and Acts providing for rebates, refunds or reimbursements of sales taxes, paid or payable, or of amounts paid or payable as or on account of sales taxes, in respect of the supply, bringing into the province or importation of certain property or services; (d) the accounting for taxes collected in accordance with the agreement; (e) the implementation of the system of integration of the sales taxes contemplated under the agreement and the transition from the system of taxation administered before the agreement to the system of taxation contemplated under the agreement; (f) payments, and the eligibility for payments, by the Government of Canada to the government of the province in respect of the revenues from, and the transitional costs incurred in converting to, the system of taxation contemplated under the agreement and to which the province is entitled under the agreement, the time when such payments will be made, and the remittance by the government of the province to the Government of Canada of any overpayments by the Government of Canada or the right of the Government of Canada to set off any overpayments against other amounts payable by the Government of Canada to the government of the province, whether under the agreement or any other agreement or arrangement or any Act of Parliament; (g) the payment by the Government of Canada and its agents and subservient bodies, and by the government of the province and its agents and subservient bodies, of the sales taxes payable under the system of taxation contemplated under the agreement and the accounting for the sales taxes so paid; (h) the compliance by the Government of Canada and its agents and subservient bodies, and by the government of the province and its agents and subservient bodies, with the Act of Parliament under which the system of taxation is administered and regulations made under that Act; (i) the enactment, administration and enforcement of laws respecting the disclosure, display and advertisement of the prices for property and services in respect of the supply of which sales taxes are payable under the system of taxation contemplated under the agreement; (j) the administration and enforcement of Acts of Parliament or the legislature of the province respecting the rebate, refund or reimbursement of sales taxes paid in respect of the supply, bringing into the province or importation of certain property or services; and (k) other matters that relate to, and that are considered advisable for the purposes of implementing or administering, the system of taxation contemplated under the agreement. ...

In order for $30 of this PUC to be restored under draft s. 212.3(9) on the distribution of FA2, it must be considered that this distribution occurred on the same class of shares which sustained the s. 212.3(7) grind. ...

" As under canon law, Roman Catholic pastoral agents (unlike ordained ministers) were not considered to have a permanent status, they did not qualify as regular ministers. ...

Furthermore, if the mergers had been accomplished through a winding-up of Investmentco into Parentco followed by a winding-up of Freezeco into Parentco, this issue would not have arisen, and a likely legislative intent to match the results of this alternative transaction likely should inform the application of s. 88(4)(b), so that the relevant predecessor parent of Amalco should be considered to be Parentco rather than Investmentco. ...