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News of Note post
The taxpayer unsuccessfully argued that its change in calculating the consideration for its supplies involved a “decrease in consideration,” so that it could go back more than three years. Lord Legatt stated: What is required … is a change in the consideration actually received by the supplier. … All that has happened is that the taxpayer has had second thoughts about how the consideration received at the time of the supply should be analysed for tax purposes. A similar issue could arise under ETA s. 232, which provides for a potential GST/HST reduction where, after GST/HST has been charged on the consideration for a supply, “for any reason, the consideration … is subsequently reduced.” ...
News of Note post
26 February 2020- 11:34pm Grands Palais – Court of Quebec finds that consideration for parking spots was part of the consideration for (condo) residential complexes for new housing rebate purposes Email this Content The Quebec new housing rebate is essentially the same as the ETA equivalent, except that entitlement to it is lost at a lower dollar level of total consideration for the “residential complex” that is purchased. Croteau, J.C.Q. found that the consideration paid by purchasers for new condo units in a complex also included the $25,000 they paid for an underground parking spot. ... Accordingly, for 93 of the purchases, the total consideration exceeded the dollar threshold, after taking the extra $25,000 into account. ...
Article Summary
Ghosh, Robson, "Charity and Consideration", British Tax Review, 1993, No. 6, p. 496: Discussion of the concept of no consideration. -- summary under Total Charitable Gifts
Ghosh, Robson, "Charity and Consideration", British Tax Review, 1993, No. 6, p. 496: Discussion of the concept of no consideration.-- summary under Total Charitable Gifts Summary Under Tax Topics- Income Tax Act- Section 118.1- Subsection 118.1(1)- Total Charitable Gifts ...
Administrative Policy summary
Determining the Value of the Consideration for Transfers of New Homes -- summary under Value of the Consideration
Determining the Value of the Consideration for Transfers of New Homes-- summary under Value of the Consideration Summary Under Tax Topics- Other Legislation/Constitution- Ontario- Land Transfer Tax Act- Subsection 1(1)- Value of the Consideration Construction of new home is part of the arrangement if the conveyance is dependent on the construction contract Construction as Part of an Arrangement Relating to a Conveyance Land is defined as including a structure to be constructed on land as part of an arrangement relating to a conveyance. ... Entering into separate agreements for the purchase of the land and the construction of a new home on it will not reduce the value of the consideration for the transaction if they are all integral to the arrangement relating to the conveyance. ... " Where the conveyance of the vacant land is dependent on the construction of the home, then the arrangement is to buy the land and the structure to be constructed; both agreements must be taken into account to determine the true value of the consideration. ...
Administrative Policy summary
Bulletin LTT 10-2000 "Transactions for Nominal Consideration" November 2000 -- summary under Value of the Consideration
Bulletin LTT 10-2000 "Transactions for Nominal Consideration" November 2000-- summary under Value of the Consideration Summary Under Tax Topics- Other Legislation/Constitution- Ontario- Land Transfer Tax Act- Subsection 1(1)- Value of the Consideration Partitioning of a Co-tenancy Where a partitioning of land takes place and each or any of the "co-tenants" receives land equal in value to their original interest in the whole parcel, no tax will be payable. ...
Administrative Policy summary
GST/HST Memorandum 18-4 “Determining Whether a Transfer Payment is Consideration For a Supply” June 2022 -- summary under Consideration
GST/HST Memorandum 18-4 “Determining Whether a Transfer Payment is Consideration For a Supply” June 2022-- summary under Consideration Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Consideration Direct link test (paras. 7, 14) If there is a direct link between a supply made by the grantee and a transfer payment, the transfer payment is consideration for that supply, e.g., if the payment directly results in the provision of property or a service (other than for accounting or ancillary purposes) by the grantee to the grantor or a person specifically identified by the grantor (a “specified third party”). ... Where a government enters an agreement under which it gives responsibility for the delivery of a service or the administration of a program to another body but retains the legislative responsibility for delivering the program, it may be contracting out its responsibility in consideration for a transfer payment. ...
Decision summary
MEO — Serviços de Comunicações e Multimédia SA v. Autoridade Tributária e Aduaneira (2018), ECLI:EU:C:2018:942 (ECJ (5th Chamber)) -- summary under Consideration
In finding that the early-termination amounts so received by MEO were “for consideration” and, thus, subject to VAT, the Court stated (at paras. 39-40, 45): [A] supply of services is carried out ‘for consideration’, within the meaning of that provision, only if there is a legal relationship between the provider of the service and the recipient pursuant to which there is reciprocal performance, the remuneration received by the provider of the service constituting the actual consideration for the service supplied to the recipient …. This is the case if there is a direct link between the service supplied and the consideration received …. ... Words and Phrases consideration ...
TCC (summary)
Commission Scolaire des Découvreurs c. La Reine, 2003 TCC 295 -- summary under Consideration
La Reine, 2003 TCC 295-- summary under Consideration Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Consideration City school renovation subsidy was consideration The City of Quebec City paid a subsidy to a school board of $880,000 to enable the school board to renovate a school and expand its gymnasium. ... In such a situation, this term must be given its normal legal meaning. … If we refer to the definition of that term in this same reference work, we read: Consideration provided by the person who receives a benefit in the synallagmatic contract; reciprocal benefit (perceived as equal) charged to a party to a contract, for example, wages in consideration for work, or the price in consideration for the article sold. ... I am therefore obliged to find that this amount is the consideration for the supply by way of lease... ...
Decision summary
Centre de traitement de la biomasse de la Montérégie inc. v. Agence du revenu du Québec, 2021 QCCA 1068 -- summary under Consideration
Agence du revenu du Québec, 2021 QCCA 1068-- summary under Consideration Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Consideration consideration for a transfer of waste included the assumption of environmental responsibility The taxpayer received organic sludge from suppliers in the agri-food industry, and was paid by them for taking over the sludge, which it then treated and transformed, using electricity, into residual fertilizer materials ("RFM"). ... In my view, this relief conferred a benefit on the Appellant and, in light of the foregoing analysis, constituted valuable consideration that may be characterized as "any other consideration" within the meaning of section 2(9) of the RSTA. Words and Phrases consideration sale ...
TCC (summary)
1410109 Ontario Ltd. v. The King, 2022 TCC 141 (Informal Procedure) -- summary under Consideration
The King, 2022 TCC 141 (Informal Procedure)-- summary under Consideration Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Consideration a “gratuity” stipulated in the contract was part of the consideration The taxpayer was a banquet hall which held such events as weddings and other large celebrations. ... Before dismissing the taxpayer’s appeal, he stated (at paras. 21, 27-28): [T]he inclusion of an obligation as part of the bargain, cannot be viewed as a gift but part of the consideration. … Subsection 133(b) combined with subsection 138(a) … suggests that tips included in an agreement are part of the overall supply of prepared meals, which is subject to HST. … The ETA defines “consideration” as “any amount that is payable for a supply by operation of law.” The almost mandatory tip is enforceable by operation of contract law whereas a voluntary tip is not “consideration” because it is not payable by operation of law…. ...