Search - consideration

there must be no or inadequate consideration flowing from the transfer to the transferor ... Yates had provided consideration at fair market value and, in my view, on the record before him, it is clear that the appellant did not provide such consideration. ... Yates to her without adequate consideration, pursuant to subsection 160(1). ...

If no consideration is payable (actual or deemed), then no tax is payable under section 165. ... The reimbursement constitutes the consideration for the supply. [42]         The reimbursement or charge-back may also be part of the consideration for the supply of various services and property. ... What was the consideration for the supply by Roberge to the lease operators? ...

Warren consideration equal to the fair market value of such interest in the property? ... Warren must be spouses;   (iii)             There must be no consideration (or inadequate consideration) flowing from Mrs. ... Warren as consideration for the Manotick property. As already indicated, the Transfer does not recognize the $168,000 as part of the consideration. ...

Under paragraph 3(2)(c)(ii) of the Act, whether or not an employment relationship is deemed to be at arm's length requires the Minister to have regard to all considerations of the employment including specified considerations. [2]                 The Tax Court Judge found that the Minister did not consider the importance of the work performed, the skill of the workers and funding problems of the employer. On this basis he concluded that the Minister did not have regard to relevant considerations and that therefore the Minister's discretion was not exercised according to law. [3]                 On this application for judicial review, the Minister says that he did take into account the matters referred to by the Tax Court Judge. ... While we might have come to a different factual conclusion than the Tax Court Judge, on the material before us, we are not prepared to say that he made a palpable and overriding error of fact in deciding that the Minister did not take into account considerations that were relevant. [4]                 The Tax Court Judge then went on to consider the evidence before him and concluded that had the parties been at arm's length it is reasonable to conclude that they would have entered into substantially similar contracts of employment. ...

The adjusted cost base was determined by the Crown as being $91,511.81, after taking into consideration certain expenses incurred by the appellant for the purpose of sale, such figure being $6,255. ... There is nothing in the Income Tax Act relating to capital gain or anything else whereby inflationary factors are taken into consideration when the Minister makes an assessment under this statute. ... Consequently, I would have no jurisdiction ordinarily to deal with the matter but in finding, as I have, that the inflationary factor cannot be taken into consideration by the respondent when reaching an assessment of a so-called capital gain, it is not incumbent upon me to make a ruling that I have no jurisdiction, although having found as I have, it would in all effect amount to the same thing. ...

On the meaning of consideration” reference was made to the Tax Review Board case of Mauger Estate v. ... It is only in subsection 194(4) that the word "consideration" is used in the clause "the amount of the consideration for which it was issued or granted". There is no qualification of the word "consideration" such as "cash" or “monetary” consideration. ...

The fair market value of the consideration received was $1,175,000. [23] Conclusion – The Sunnybrook property [22] With respect to the Sunnybrook transaction the Respondent contends that the payment of the $374,500 was part of the proceeds (cash consideration received by the Holbrook Manor (as trustee for the Joint Venture) on the transfer of its interest in the Sunnybrook property to the Sunnybrook LP) and therefore, is subject to tax. ... He submitted that: "The case law only requires a withdrawal of capital to form part of the consideration paid in respect of a rollover in very limited circumstances. ... The only logical conclusion is that this amount was paid in consideration for the transfer of the 90 Eglinton property. ...

Loates provide consideration in the form of a valuable exchange of property with Ms.  ... As such, there is no exemption from the application of section 160 to the transfer on the basis of the Exchanged Property consideration, even if the inconsistencies of a genuine contractual agreement contained then present releases and identifiable consideration tendered: Allen, supra at paragraph 35. ... Loates would have received no benefit since the fair market value was zero and no consideration need be paid for it. ...

As a result, the operating grants you receive from the Town of Meadow Lake are consideration for a supply. ... The next consideration is whether this supply may be regarded as a taxable supply. ... There was a supply by the appellant to Alix and consideration paid by Alix to the appellant. ...

This includes its application to indirect costs and property and services acquired for the purpose of making a taxable supply for no consideration or nominal consideration. The section contains special rules that apply if a supply is made for no consideration or nominal consideration. ... Consideration for the Taxable Supply Made by the Appellant [104]   Relying primarily on the definition of consideration contained in subsection 123(1) of the GST Act, the Appellant argues that the MHSW Steward Fees constitute consideration for the taxable supply by the Appellant of the Recycling Services. [105]   The Respondent argues that the MHSW Steward Fees are not consideration but rather are a regulatory charge that is not a user fee. ...