Search - consideration

However, “economically relevant characteristics of the situations being compared” may make it necessary to consider other transactions that impact the transfer price under consideration.  ... Nonetheless, while consideration of the Licence Agreement was not precluded, the question still remains as to whether he should have considered it. [44]                           Because s. 69(2) requires an inquiry into the price that would be reasonable in the circumstances had the non-resident supplier and the Canadian taxpayer been dealing at arm’s length, it necessarily involves consideration of all the circumstances of the Canadian taxpayer relevant to the price paid to the non-resident supplier.  ...

[This] dominates the consideration that the lots are purchased annually in anticipation of the lowering of the level of the ore deposit. And it dominates the consideration that the lots may only remain as portions of a virtual wasteland when the mine ceases to operate. ... One consideration may point so clearly that it dominates other and vaguer indications in the contrary direction. ...

Fraser gives specific details in his report on each of the elements he took into consideration in arriving at the value of $136,800. ... Final value estimate is really the price the developer would pay for the land, taking into consideration the development potential of the site. ... Lee's testimony, admitted he assumed no consideration would have to be paid for lanes and roadways and thus, in 1980, he did not known a charge was made. ...

  [38]     The stated consideration for the software was $1,800,000, which was to be paid in full on the third year anniversary. ... There is, however, other property acquired as part of the same arrangement and some or all of the consideration could be allocated to it. ...   [141]   It makes little sense to allocate the entire consideration to the software when property of much greater value has been acquired. ...

It is not a case of the appellant acquiring Lot 166 subject to a mortgage or charge, but rather the acquisition by him of that lot and the business in consideration of which, inter alia, he gave his personal covenants under paragraphs (d) and (e), and, when he had done so, the will then provides ‘‘the said Lot 166 shall be and is hereby charged with the performance’’ of his personal covenants. ... Those payments were merely part of the consideration which the appellant agreed to pay as a term of acquiring all of the assets of the business theretofore carried on by his father. The fact that part of the agreed consideration was payable in instalments during his mother’s lifetime cannot affect the true nature of the transaction or render such payments any the less ‘‘payments on account of capital”. ...

THE CONCLUSION OF THIS COURT [14]            I must respectfully disagree with the Motions Judge on both considerations. ... I do not think proof of prejudice to the taxpayer is a relevant consideration in determining whether limitation periods apply. ... If so, they will be subject to the same limitation provisions as court collection procedures. [32]            My analysis of this issue involves seven considerations: 1.        ...

In consideration for a charitable receipt issued by CanAfrica, each respondent paid 10% of the face value of the receipt to CanAfrica, plus an undetermined commission to the tax preparer Mr. ... It includes the value of any benefit a donor has enjoyed in consideration for the gift either immediately or subsequently. •          Subsection 248(31) of the Act requires that the eligible amount of a gift be reduced by the amount of the advantage received as determined by subsection 248(32). •          Paragraph 248(30)(a) of the Act states that if the amount of the advantage does not exceed 80% of the fair market value of the property transferred, then it remains a gift. •          It is to be noted that paragraph 248(30)(b) of the Act grants the Minister the power to allow a charitable donation credit even if the benefit exceeds 80% of the value of the property transferred, as long as the Minister is satisfied that there was an intention to make a gift. ... Before us, the Minister argues that if her determination that the inflated tax receipts were not benefits is incorrect, then she should have applied subsections 248(30), (31), and (32) of the Act in respect of the respondents’ gifts made to CanAfrica in 2006. [53]            Subsection 248(30) of the Act provides that in certain circumstances the amount of an advantage received in respect of a transfer of property will not disqualify the transfer from being a gift where the amount of the advantage does not exceed 80% of the fair market value of the transferred property or where the transferor satisfies the Minister that the transfer was made with the intention of making a gift. [54]            Subsection 248(32) of the Act defines an advantage as any benefit the donor receives, obtains or enjoys or to which he is entitled, either immediately or in the future that is in consideration of the gift, that is in gratitude for the gift or that is in any way related to the gift. [55]            Since the Minister takes the position that the respondents never intended to make a gift, he considers that the inflated value of the tax receipts received by the respondents constitutes such an advantage that was obtained in consideration for the cash gifts made pursuant to subsection 248(32) of the Act. [56]            In essence, the Minister takes the position that any amount in excess of the Judge’s finding with respect to the cash portion of the respective donations made by the respondent constitutes a benefit. ...

Interest is, in general terms, the return or consideration or compensation for the use or retention by one person of a sum of money, belonging to, in a colloquial sense, or owed to, another. ... It was suggested, though not seriously urged as a material consideration, that there might be contracts providing for crop payments not related to money with “interest” accruing in the same form, to which the section would apply. ... I therefore leave out of consideration the 4 per cent rate specifically mentioned in the statute as it was made perfectly plain before us that as things stand no such rate is currently operative and has not been for some time. ...

A vendor sold property for $150,000 payable in consideration of the issue of shares and a demand note for $123,097.34, bearing interest at five per cent per annum. ... It may... be conveniently described as a reward or consideration or recompense for the actual or notional use of one person's money by another person.... ... Il ne peut, même pour des considérations d'équité, refuser de l'appliquer. ...

("Working Ventures") in consideration of 800,000 preferred shares of the appellant. ... Wooder did not know if any monies were paid for the administrative services but assumed that the $12,000 shown for the year on the appellant's financial statements represented the consideration for those services. ... Indeed, it was seen that even though Mimetix paid US$100,000 to acquire the licence for DIAC, a sub-licence was granted to the appellant for no consideration. ...