Search - consideration

Consideration of requests of this nature involves an extensive and fully objective review of the facts of the particular situation and a careful evaluation of the merits of the request to ensure fair and uniform application of established criteria. ... I wish to assure you that he will receive the utmost consideration possible in the resolution of this case. ...

28 February 1980 Income Tax Severed Letter RCT 85-043 F Unedited CRA Tags 85.1 Dear XXX This is in reply to your letter dated February 28, 1980 in which you asked whether or not the comments in Interpretation Bulletin IT-115R concerning the receipt of cash or other consideration in lieu of fractional shares, also applies when such consideration is in lieu of fractional shares arising on a share for share exchange pursuant to section 85.1 of the Income Tax Act. ...

ConsIderation of requests of this nature involves an extensive and fully objective review of the facts of the particular situation and a careful evaluation of the merits of the request to ensure fair and uniform application of established criteria. ... I wish to assure you that he will receive the utmost consideration possible in the resolution of his case. ...

Consideration of requests of this nature involves an extensive and fully objective review of the facts of the particular situation and the evaluation of the merits of the request to ensure fair and uniform application of established criteria. ... I wish to assure you that you will receive the utmost consideration possible in the resolution of her case. ...

In answer to your first question, it is our opinion that the requirement in the preamble of subsection 85(1) of the Income Tax Act that the consideration for property transferred to a taxable Canadian corporation must include shares of the capital stock of the corporation would not be satisfied by a consideration that is a right to receive any such shares. ...

25 November 1982 Income Tax Severed Letter RCT 5-4520 F Unedited CRA Tags 85(1), 85(1)(e.2) Dear XXX: This is in reply to your letter of October 19, 1982 concerning the dollar value of consideration to be taken back by a taxpayer on a rollover of capital property to a related corporation pursuant to the provisions of subsection 85(1) of the Act. In order to avoid the application of paragraph 85(1)(e.2) of the Act to the above sale the fair market value of the consideration taken back by the taxpayer must be equal to the fair market value of the capital property purchased by the corporation. ...

Consideration of requests of this nature involves an extensive and fully objective review of the facts of the particular situation by senior departmental officials in Head Office. ... I can assure you that you will receive the utmost consideration possible in the resolution of your case. ...

TAX STUDY GROUPS ROUND TABLE Q. 26: Paid-up capital of shares owned by non-resident Section 84.1 permits a transferor to receive, without triggering a deemed dividend, non-share consideration having a value equal to the greater of the adjusted cost base and the paid-up capital of the shares being transferred. However, the maximum value of the non-share consideration that a non-resident transferor can receive, without triggering a deemed dividend under section 212.1, is equal to the paid-up capital of the transferred shares. ...

19 December 1989 Income Tax Severed Letter 5-8642A Unedited CRA Tags 85(1) Attached for your review are: 1. a copy of an enquiry letter from XXX dated August 24, 1989; 2. a copy of the opinion letter letter to XXX referred to in the the XXX 3. a draft response to the XXX enquiry in which we take the position that: (a) the tax position of the vendor is irrelevant in determining the fair market value of the property for the purposes of subsection 85(1) of the Act; and (b) the deferred tax liability of the vendor cannot be "assumed"' by the purchaser as a part of the consideration for the transferred property. ... May we have your comments on the position we propose to take with respect to the impact of a deferred tax liability of the vendor on the determination of the fair market value of a property for the purposes of subsection 85(1) of the Act in the situation under consideration? ...

19 December 1989 Income Tax Severed Letter 5-8642C Unedited CRA Tags 85(1) Attached for your review are: 1. a copy of an enquiry letter from XXX dated August 24, 1989; 2. a copy of the opinion letter letter to XXX referred to in the the XXX 3. a draft response to the XXX enquiry in which we take the position that: (a) the tax position of the vendor is irrelevant in determining the fair market value of the property for the purposes of subsection 85(1) of the Act; and (b) the deferred tax liability of the vendor cannot be "assumed"' by the purchaser as a part of the consideration for the transferred property. ... May we have your comments on the position we propose to take with respect to the impact of a deferred tax liability of the vendor on the determination of the fair market value of a property for the purposes of subsection 85(1) of the Act in the situation under consideration? ...