Search - consideration

Results 211 - 220 of 456 for consideration

Bombardier India - Ahmedabad Income Tax Appellate Tribunal finds that technical services under the Canada–India Treaty, Art. 12 must entail know-how transfers

18 January 2017- 12:00am Bombardier India- Ahmedabad Income Tax Appellate Tribunal finds that technical services under the Canada–India Treaty, Art. 12 must entail know-how transfers Email this Content Art. 12(4)(b) of the Canada-India Treaty assimilates to royalties “payments of any kind… in consideration for the rendering of any technical or consultancy services…if such services…make available technical knowledge, experience, skill, know-how, or processes….” ...

CRA indicates that s. 13(7)(e) applied to a s. 107(2.1) distribution but not a s. 104(5) deemed disposition

Finally, CRA indicated that the assumption by the beneficiary of debt of a personal trust owing to a bank would not preclude s. 107(2) applying to the distribution provided that such assumption did not result in the trust ceasing to be a personal trust (having regard to the question, not discussed by CRA, of whether such assumption constituted consideration for the acquisition of a beneficial interest in the trust). ...

There is an expressed concern that standard documentation for secured guarantees provided by a CCPC for shareholder bank borrowings can trigger the B2B loan rules

In order for the bank not to have a specified right, "the key consideration is that the secured property can be used only to repay the shareholder debt. ...

In limited circumstances it may make sense for a CCPC target to make an s. 89(11) election

Summary of Manon Thivierge, “Income Tax Due-Diligence Considerations in Mergers and Acquisitions,” 2015 Conference Report (Canadian Tax Foundation), 18:1-29 under s. 89(11). ...

Associated Newspapers – Court of Appeal of England and Wales finds that purchases made for promotional free on-supplies were part of the VAT-creditable overheads of a taxable business

HMRC argued that ANL was not entitled to recover any input tax on the vouchers because it had acquired the vouchers for on-supply at no consideration. ...

CRA indicates that it has the “flexibility” to accommodate a requested assessment of a prior GST/HST return to allow an unclaimed s. 232 rebate credit

However, this does not work for a credit arising under ETA s. 232 (re rebating consideration and related GST/HST for a previous reporting period) where the registrant missed claiming the s. 232 credit for the reporting period in which the adjustment was made, as that credit (unlike an ITC) cannot be carried forward to a subsequent return. ...

TD Bank – BC Court of Appeal finds that the B.C. Commissioner improperly restricted herself to applying only the published guidelines on extending a return-filing deadline

Applying Stemijon, Frankel JA stated, before remitting the extension application for reconsideration: While it was open to the Commissioner to have regard to Ministry of Finance policy statements, she erred in treating them as the only relevant consideration. … By doing so, she fettered the broad [statutory] discretion given to her…and her decision is, therefore, unreasonable. ...

Turgeon - Federal Court of Appeal affirms that an accommodation party was not dealing at arm's length

Turgeon) agreed to sell some preferred shares of the CCPC to a newly formed Holdco of its comptroller (“Hélie Holdco”) in consideration for a promissory note bearing interest at 4% and which was to be repaid over a number of years out of dividends or redemption proceeds received by Hélie Holdco from the CCPC. ...

CRA rules that contributions made by construction contractors to a workplace development fund as agreed to by their collective bargaining agent were not subject to GST/HST

The payment of amounts as an industry development fee set by [the Organization] are therefore not consideration for a supply and therefore not subject to GST/HST. ...

CRA finds that a dividend-in-kind of a life insurance policy avoids the policy’s disposition at FMV

If Holdco transfers the policy to its shareholder as a dividend in kind, its proceeds of disposition (and his cost) will be only the CSV of $240K, since the FMV of the consideration received by it is nil (so that its gain is $40K)- whereas its proceeds of disposition would have been $450K if Holdco instead had paid a $450K dividend to its shareholder, and he had purchased the policy for $450K. ...

You are here