Search - consideration

In the alternative, 9267 argues that section 232 of the ETA permits it to reduce its net tax when a consideration is reduced. In this case, the consideration for the domain names was reduced from $500,000 to $25,000. ... [44] In the alternative, 9267 also argues that in the circumstances, section 232 of the ETA applies, which provides as follows: Refund or adjustment of tax Adjustment (2) Where a particular person has charged to, or collected from, another person tax under Division II calculated on the consideration or a part thereof for a supply and, for any reason, the consideration or part is subsequently reduced, the particular person may, in or within four years after the end of the reporting period of the particular person in which the consideration was so reduced, (a) where tax calculated on the consideration or part was charged but not collected, adjust the amount of tax charged by subtracting the portion of the tax that was calculated on the amount by which the consideration or part was so reduced; and (b) where the tax calculated on the consideration or part was collected, refund or credit to that other person the portion of the tax that was calculated on the amount by which the consideration or part was so reduced. ...

Goldhawk submits that she paid sufficient consideration for the receipt of her husband’s interest in the residence. ... No consideration whatsoever passes between the parties.” [20]         Mr.  ... Goldhawk matrimonial home exceeded the fair market value of the consideration given by Ms.  ...

there must have been no consideration or inadequate consideration given by the transferee to the transferor; and   4.                  ... I do not find there was any consideration paid by the Appellant to her husband as a result of any constructive trust.   ... The Minister also assumed the fair market value of the consideration given for the transfer of her husband’s interest was $2.00 ...

[Supplies for nil consideration] – A supply made by a public sector body of any property or service where all or substantially all of the supplies of the property or service by the body are made for no consideration, but not including a supply of blood or blood derivatives ... The exemption only applies if the public sector body normally provides a particular property or service for no consideration. ...

The irrelevant considerations were: 1.         that it was not the place of the Court to tell the tax appellants how to present their case; and 2.         ... However, I would, at this stage, prefer to leave these considerations to the Trial Judge. [26]            I conclude that, based on relevant considerations, the Motions Judge exercised the discretion conferred upon him under rule 58(1)(a). ... I therefore believe it is the responsibility of a motions judge when faced with such a motion to consider carefully whether there are any relevant facts in dispute which require a full trial. [31]            Having in mind these considerations, it is my respectful view that the motions judge here took into account irrelevant considerations and failed to have regard to relevant considerations in exercising his discretion the way he did. ...

  [4]      During 1999 and 2000, Excavation issued in particular three cheques in consideration of services rendered by the Corporation ...   [12]     Alternatively, the Respondent submits that the consideration paid by the Appellant was not a consideration within the meaning of section 160 of the Act because it was the result of a moral obligation the Appellant was under to hand the amounts of the cashed cheques over to his father. ... Still, in order for the Appellant to be held liable under section 160 of the Act for his father’s the tax debt, which was not proven, this second transfer would have to have been made for no consideration or for an inadequate consideration. ...

Legislative framework – Deposits and work-in-progress [63]   With respect to deposits, the relevant provisions are subsections 152(1), 168(1), 168(2), and 168(9), which read as follows: 152. (1) When consideration due – For the purposes of this Part, the consideration, or a part thereof, for a taxable supply, shall be deemed to become due on the earliest of (a) the earlier of the day the supplier first issues an invoice in respect of the supply for that consideration or part and the date of that invoice, (b) the day the supplier would have, but for an undue delay, issued an invoice in respect of the supply for that consideration or part, and (c) the day the recipient is required to pay that consideration or part to the supplier pursuant to an agreement in writing. 168. (1) General rule – Tax under this Division in respect of a taxable supply is payable by the recipient on the earlier of the day the consideration for the supply is paid and the day the consideration for the supply becomes due (2) Partial consideration – Notwithstanding subsection (1), where consideration for a taxable supply is paid or becomes due on more than one day, (a) tax under this Division in respect of the supply is payable on each day that is the earlier of the day a part of the consideration is paid and the day that part becomes due; and (b) the tax that is payable on each s u ch day shall be calculated on the value of the part of the consideration that is paid or becomes due, as the case may be, on that day. (9) Deposits – For the purposes of this section, a deposit (other than a deposit in respect of a covering or container in respect of which section 137 applies), whether refundable or not, given in respect of a supply shall not be considered as consideration paid for the supply unless and until the supplier applies the deposit as consideration for the supply. [64]   In other words, as stated by this Court in Tendances et Concepts Inc. v. The Queen, 2011 TCC 141 at paragraph 18: [18]   Subsection 168(9) of the Act specifies that a deposit, whether refundable or not, given in respect of a supply shall not be considered as consideration paid for the supply unless and until the supplier applies the deposit as consideration for the supply. That time cannot extend beyond the day on which the supplier applies a deposit as partial consideration. ...

Considering the facts in issue, he makes the following contentions: (a) when a supply is made and the consideration is paid by means of a coin-operated device, the recipient shall be deemed to have received the supply and paid the consideration for the supply and paid any tax payable in respect of the supply and the supplier shall be deemed to have made the supply, received the consideration for the supply and collected any tax payable in respect of the supply; (b) consequently, the appellant had to remit the GST payable included in the value of the coins withdrawn from the coin-operated devices by means of which it made the taxable supplies; 7. ... Where a supply is made, and the consideration therefor is paid, by means of a coin-operated device, the following rules apply for the purposes of this Part: a) the recipient shall be deemed to have (i) received the supply, (ii) paid the consideration for the supply, and (iii) paid any tax payable in respect of the supply, on the day the consideration for the supply is inserted into the device; and b) the supplier shall be deemed to have (i) made the supply, (ii) received the consideration for the supply, and (iii) collected any taxe payable in respect of the supply, on the day the consideration for the supply is removed from the device. 5.01(b) Respecting the Rate 25 165 (1) Imposition of tax Subject to this Part, every recipient of a taxable supply made in Canada shall pay to Her Majesty in right of Canada a tax in respect of the supply equal to 7% of the value of the consideration for the supply. 26 On April 23, 1996, the Act was amended to include in the Act subsection 165(3.1), which reads as follows: 165(3.1) Appareils à sous. ... The first consideration should therefore be to determine the purpose of the legislation, whether as a whole or as expressed in a particular provision. 30 5.03.2 If the purpose of the Act (spirit, object, intention) is considered in the instant case, the Act provides that the tax is payable by “the recipient of the supply”, not by “every person who makes a taxable supply, as an agent” (s. 221). 31 In the instant case, because of the mechanism of the device, it was not possible in practice to charge the tax and collect it unless staggering expenses were incurred (4.01.3). ...

Considering the facts in issue, he makes the following contentions: (a) when a supply is made and the consideration is paid by means of a coin-operated device, the recipient shall be deemed to have received the supply and paid the consideration for the supply and paid any tax payable in respect of the supply and the supplier shall be deemed to have made the supply, received the consideration for the supply and collected any tax payable in respect of the supply; (b) consequently, the appellant had to remit the GST payable included in the value of the coins withdrawn from the coin-operated devices by means of which it made the taxable supplies; 7. ... Where a supply is made, and the consideration therefor is paid, by means of a coin-operated device, the following rules apply for the purposes of this Part: a) the recipient shall be deemed to have (i) received the supply, (ii) paid the consideration for the supply, and (iii) paid any tax payable in respect of the supply, on the day the consideration for the supply is inserted into the device; and b) the supplier shall be deemed to have (i) made the supply, (ii) received the consideration for the supply, and (iii) collected any taxe payable in respect of the supply, on the day the consideration for the supply is removed from the device. 5.01(b) Respecting the Rate 25 165 (1) Imposition of tax Subject to this Part, every recipient of a taxable supply made in Canada shall pay to Her Majesty in right of Canada a tax in respect of the supply equal to 7% of the value of the consideration for the supply. 26 On April 23, 1996, the Act was amended to include in the Act subsection 165(3.1), which reads as follows: 165(3.1) Appareils à sous. ... The first consideration should therefore be to determine the purpose of the legislation, whether as a whole or as expressed in a particular provision. 30 5.03.2 If the purpose of the Act (spirit, object, intention) is considered in the instant case, the Act provides that the tax is payable by “the recipient of the supply”, not by “every person who makes a taxable supply, as an agent” (s. 221). 31 In the instant case, because of the mechanism of the device, it was not possible in practice to charge the tax and collect it unless staggering expenses were incurred (4.01.3). ...

Question 3: What consideration did Toronto Refiners give for the $9 million? [10]            "Consideration" is a legal term that may have different meanings in different contexts. ... The Court was required in that case to determine what consideration was given by the recipient of a payment made to settle the recipient's claim for damages for breach of contract. ...