Search - consideration

Furthermore, the uncollected and claimed GST was calculated by assuming consideration that included $20.60 per carton sold as tax under the Tobacco Tax Act (Quebec) ...   [32]          Sections 152 to 165 of the ETA complement the short definition of the term “consideration” set out in subsection 123(1) of the ETA, which reads as follows:   “consideration” includes any amount that is payable for a supply by operation of law ...   [33]          Section 154 of the ETA is relevant in determining whether the federal and provincial duties on tobacco products are within the term “consideration.” ...

(ii) Did the fair market value of the property exceed the fair market value of the consideration given by the transferee? ... Did the fair market value of the property exceed the fair market value of the consideration given by the transferee?   ... Watts did not provide consideration [76] The Minister has assumed the following: No consideration was provided by the Appellant to CBLW in exchange for the funds. [77] The FCA in Livingston spoke about the issue of when consideration is provided by the transferee: Under subsection 160(1), a transferee of property will be liable to the CRA to the extent that the fair market value of the consideration given for the property falls short of the fair market value of that property. ...

(Reasons for Judgment, p. 19, para 8) It is not necessary to decide this issue but if I had to I would have found for the Respondent that the consideration the Respondent received should be based on the value of the notes and not on the stipulated price of the shares. ... The Crown recognizes that "ordinarily" it is the fair market value of the notes (i.e. the non-share consideration) which is to be reflected in D of the formula set out in paragraph 84.1(1)(b). ... However, what is to be reflected in D of the formula set out thereunder is not the fair market value of the subject shares but the fair market value of the non-share consideration received by the Taxpayer for the subject shares. [20]            The non-share consideration received in this instance are the notes, the fair market value of which has been agreed to be $318,268 and $104,998 for the 1993 and 1994 taxation years respectively (paragraph 1.10 of the Statement of Agreed Facts). ...

Based on these considerations she recommended the following: It is clear that the lateness resulted from an employee error and not an extraordinary circumstance beyond the employer’s control.  ... Consideration of Irrelevant Factors   [15]       The Applicant submits that Ms. ... In paragraph 22 of your affidavit, you list a number of considerations.  ...

However, it is not as clear that a dividend constitutes property transferred for no consideration from the transferee. ... Moreover, the value of the consideration should, unless there are exceptional circumstances, be equal to the amount of the dividend. [50] On the other hand, there are decisions that have found dividends to be transfers of property for no consideration. ... The shareholder gives consideration for the shares and not for what the shares may bring. ...

(4)               What was the FMV of the consideration provided by Ms.  ...           ·         The FMV of the consideration given by Ms. Gagnon   [41]          The Minister assumed that the FMV of the consideration paid by Ms.  ... Desrosiers should be added to the FMV of the consideration paid by Ms.  ...

Clause (a) of that definition (the only clause that potentially could apply) provides: recipient of a supply or property or a service means (a) where consideration for the supply is payable under an agreement for the supply, the person who is liable under the agreement to pay that consideration. ... That of course does not establish that BAHA was legally bound to pay the contracted amount per the 2010 p/s agreement, which is what the above-cited definition of “recipient” would require. [10]   At page 2 of the 11 page CIBC “Mortgage approval” statement (Ex.A-11, p.23), the two identified purchasers (Charnkamal Hansra and Belvir Bassi) who are the signatories of the 2010 p/s agreement do turn up at least one more time – as two of three guarantors of the CIBC mortgage granted to BAHA. [11]   As stated, the Respondent’s position was that BAHA was not entitled to the rebate as it did not fit the ETA definition of “recipient” insofar as there was no basis for considering that BAHA was liable for the consideration specified in the 2010 p/s agreement for supply of the subject unit 5 level 20 condominium property. [12]   I am obliged to concur with the Respondent. ... For starters and in any event the amount of the consideration specified in the 2010 p/s agreement ($342,000) is quite different than the principal amount of the CIBC mortgage ($274,320). [14]   I parenthetically add that likely any assignment of purchaser interests would have required the vendor’s consent – noting again that the Court was not provided a copy of any of the schedules to the 2010 p/s agreement. ...

Nonis shows that the amount cannot “reasonably be regarded” as broadly based consideration in respect of employment paid at any time, Mr. ... Subparagraph 115(2)(c.1)(i) is intended to cover amounts received as consideration or partial consideration for entering into a (or forbearing another’s) contract of service, or for entering into an agreement to perform a service where any such service or part is to be performed in Canada. While (i) covers consideration for “entering” into a contract or agreement, (ii) prevents non-capture where a signing bonus is represented as something else. ...

This Court is asked to determine whether this risk was a relevant consideration within the costs scheme in place in Ontario at the time costs were fixed in this case.  ... While there are different considerations as between the United States and Ontario cost schemes, the risk analysis by the United States Supreme Court is instructive.  ... Do Access to Justice Considerations Make Risk of Non-Payment a Relevant Factor        Under Rule 57.01(1)(i)?   ...

In April 2007, they completed the then-required election form (GST25) to allow them to treat intercorporate sales as supplies for no consideration for the purposes of the ETA. ... The appellants, in April 2007, completed the then-required election form to treat the intercorporate supplies as supplies for no consideration, as provided in section 156 of the ETA. ... The consideration by the Minister of an additional factor, which might have resulted in the appellants being successful if they could have established that there were extenuating or extraordinary circumstances, does not render the decision to deny the application for late filing unreasonable. ...