Search - consideration

The Tax Court found that the classroom teaching and Materials were all essential parts of the courses and generally purchased for a single consideration, and, therefore, concluded that SBA made bundled supplies of exempt educational services to students…. ...

Michael Coburn, "Practical Strategies for Dealing with the Restrictive Covenant Provisions", 2014 Conference Report (Canadian Tax Foundation), 8:1-29-- summary under Paragraph 56.4(3)(b) Summary Under Tax Topics- Income Tax Act- Section 56.4- Subsection 56.4(3)- Paragraph 56.4(3)(b) S. 56.4(3) as a counter to s. 68(c) (pp.21-22) [S]ubsection 56.4(3) contains provisions that effectively allow an amount received as consideration for granting a restrictive covenant to be characterized as either proceeds of disposition (presumably allowing for capital gains treatment in the hands of the recipient) or an eligible capital amount. ...

On the other hand, it may be interpreted on the basis of factual or economic substance considerations. ...

As indicated in the example, there is nothing offensive about simply swapping property in a TFSA for cash or other consideration of equal value in the holder's RRSP. ...

Fourth and finally, the Department of Finance, which drafts Canada's tax laws for Parliament's consideration, has clearly endorsed the notion that U.S. ...

[O]ne issue is that the initial issuance of exchangeable shares in consideration for Target shares and the final exchange of the exchangeable shares for Foreign Parent shares may be regarded as part of the same series….The final exchanges could be many years after Target is acquired and it would be difficult, if not impossible, to predict or control relative fair market values….The Joint Committee's submission on this point was not addressed…. ...

. … the need for the documents should be balanced by the costs and administrative burdens, particularly where this process suggests the creation of documents that would not otherwise be prepared or referred to in the absence of tax considerations. ...

The key consideration is that the secured property in question can be used only to repay the shareholder debt (which is defined in paragraph 15(2.16)(a)). ...

The capital interest has not been acquired for consideration by the beneficiary, who is the only capital beneficiary under the trust. ...

It is possible to envision a US consolidated group owned by a Canadian MNE where the US top affiliate has licensed IP from, say, a Luxembourg IP Box affiliate, and then lets the US operating subsidiaries in the group use such IP without payment and in the absence of a formal sub-licensing arrangement. 2 nd departure: throughout-the-year connection between 2 nd and 3 rd FA (p. 9) Second, Cap D requires a sort of "permanent connection" between the holding affiliate, FA2, and the operating affiliate, FA3, by imposing the condition that either the income earning purpose of the borrowing or the amount payable for property acquired relate to "the property" that is, throughout the particular period, excluded property of FA2 that is shares of the capital stock of FA3….For example, if FA2 acquires from FA1 preferred shares of FA3 that is otherwise owned by FA2 in consideration for an interest-bearing note and then FA2 wishes to simplify the share capital of FA3 (now wholly-owned by it) to eliminate the preferred shares, there can be uncertainty as to the application of Cap D going forward depending upon how the preferred shares are eliminated. ...