Search - consideration

In fact it never received either the repayment of the advance or the minimum consideration of $42,000 owing to it in respect of the advance. ... Once again it is necessary to fit a transaction shaped by transitory business considerations on to the Procrustean bed of the Income Tax Act, R.S.C. 1952, c. 148 (am. ... The agreement also in paragraph 8 refers to the "repayment" of the guaranteed return of $42,000 owing as consideration for the making of the advance. ...

He says the clear issue here is determining the chief source of income and you need not go the further step to determine if the considerations in those cases are relevant. ... If the mathematical considerations alone apply, then you must look at the dollar and cent flow and not just the dollar and cent result. ... It is interesting to note that profitability here was only one consideration, but it also pointed to fishing as his chief source of income. ...

If so, the Appellant would not be required to collect tax on the consideration for services provided by his business ...   [6]      In my view, the issue should have been whether there was a single consideration or separate considerations. ...   [34]     All the consideration received for the massage services must be included in computing the Appellant’s gross income. ...

If so, the Appellant would not be required to collect tax on the consideration for services provided by his business ...   [6]      In my view, the issue should have been whether there was a single consideration or separate considerations. ...   [34]     All the consideration received for the massage services must be included in computing the Appellant’s gross income. ...

Furthermore, the appellant acknowledged the existence of a non-arm's-length relationship between the transferor and her at the time of the transfers. [4] The issue essentially concerns the nature of the consideration. ... According to her, she provided consideration of equivalent value for the amounts assigned and transferred to her. [5] Only the appellant testified in support of her two appeals. ... Durand's very large tax liability, he made an assumption rather than actually verifying whether there was in fact consideration corresponding to all or part of the amount of the transfers identified. [22] The appellant had to show on a preponderance of evidence that she had neither benefited from nor been enriched by the transfers. ...

Quinton at the time he transferred property to the Appellant for no or inadequate consideration. ... The consideration given for the transfer was $1.00 and love and affection. Thus, the consideration given was far less than the $21,323.47 owing in taxes at the time of the transfer by Mr. ...

The Federal Court of Appeal in D&J Driveway acknowledges the particular importance of control considerations in many cases. [14]         Ms.  ... Garfin conceded these financial risk and reward considerations lean in this case towards employee status for Ms.  ... This consideration is, at best, equal or not helpful to me to decide this case. [21]         For these reasons, I conclude on balance that Ms.  ...

.; (c)  On November 25, 2009, Roch Sarrazin acquired from the appellant, by way of gift, an immovable located in Rivière-Rouge identified as being Lot 36, Category A, in the Township of Marchand in the District of Labelle (hereinafter “the property”); (d) On April 16, 2010, Roch Sarrazin resold said property to the appellant; (e)  The selling price of the property was $2,000; (f)  On April 16, 2010, the property’s fair market value was $60,144; (g)  Roch Sarrazin sold to the appellant, his father, the property for consideration of less than the fair market value of the property in question; (h)  The appellant is therefore jointly and severally liable for the tax debt for which Roch Sarrazin is liable under the E.T.A. up to the amount by which the fair market value of the property exceeds the fair market value of the consideration paid. [4]              At the outset of the hearing, counsel for the appellant who replaced Michel Gauthier as a result of illness, filed an appraisal report that was disclosed to the respondent on December 9, 2013, that is, 3 days prior to the hearing date for the appellant’s appeal. ... Analysis [11]         For subsection 325(1) of the ETA to apply, the following four conditions must be met:           (i)      a transfer of property occurred;           (ii)     the transferor and the transferee are not dealing at arm’s length;           (iii)    there was not adequate consideration flowing from the transferee to the transferor; and           (iv)    the transferor has an outstanding tax liability at the time of the transfer. [12]         Only the third condition was raised by the appellant in his Notice of Appeal. ... The appellant’s family uses it for hunting purposes. [13]         In this appeal, the property was transferred twice: (a) on November 25, 2009 pursuant to a deed of gift, Roch Sarrazin acquired the property for no consideration; (b) on December 2, 2009, pursuant to a sale agreement, the appellant acquired the property from Roch Sarrazin for $2,000. ...

No valuable consideration was given to the husband as payment for this transfer at the time when he had an unpaid tax liability to the Minister of National Revenue ... A discretionary power of this nature must be exercised in good faith, in accordance with the principles of natural justice, taking into account all relevant considerations and without regard to irrelevant or extraneous ones. ... [W]hen the Minister exercises his discretion under subsection 220(3.1), he is required to take into account considerations relevant and unique to that taxpayer alone ...

However, it is evident that written reasons were given, both for the PRRA application and the motion for humanitarian and compassionate considerations, as appears from the record on its face. ... With respect to including the best interests of the children in the PRRA, it was not the appropriate forum to assess these considerations because it falls almost exclusively under the jurisdiction of the application for humanitarian and compassionate considerations, and these are two separate legal systems (Munar v Canada (Minister of Citizenship and Immigration), 2005 FC 1180) ... Added to this is the fact that the scope of the decision on humanitarian and compassionate considerations is limited: It merely prevents the applicants from submitting an application for permanent residence from Canada. ...