Search - consideration

I must now decide whether this was a repayment or return of all or part of the consideration paid by the appellant for the shares. ... Appellant’s counsel argued that this conclusion foreclosed the Minister’s argument that they were a return of consideration. ... Depending on circumstances a sweetener may or may not be a return of consideration. ...

  (4)        The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee ... Gagnon received consideration the fair market value of which was equivalent to the value of the transferred property ... Gagnon’s assets to the appellant’s without any consideration being given therefor.   ...

The consideration for the elk was payable when the elk was shot, not when it was killed. ... Taking this approach, an allocation of the consideration paid would be required. Based on the Appellant's estimates, the consideration for the elk would be 60% of the consideration charged for the elk as per the Appellant's invoices. ...

Consequently, the transfer of the undivided half interest in the building was made in consideration of the partial extinguishment of this obligation, and section 325 of the Act does not apply. ... She submits that the gift received in 2008 was therefore given in consideration of the discharge of a part of this marriage contract obligation. ... The judge noted in her reasons that the wife had not forfeited the dower in consideration of the gift. ...

(e)   All of the supplies made by the appellant in the operation of its business, which was a commercial activity, during the relevant period constituted taxable supplies for which tax, namely the GST, on the value of the consideration for the supply was payable by the recipients to the appellant, which was required to collect it. ... (i)   The appellant did not remit the tax deemed to have been collected on an amount that it in fact received, namely a consideration deemed to have been paid by McKesson Canada Inc. ... An agreement for the making of a taxable supply in Canada by a registrant to a person was modified, and an amount was paid to the registrant otherwise than as consideration for the supply. [66]   Consequently, McKesson is deemed to have paid an amount as consideration for the supply and all tax in respect of the supply on that consideration, and the appellant is deemed to have collected all of that tax. ...

  [26]          The respondent submits that the transfer was made without a valid consideration, as the transferor did not receive at the time of the transfer consideration for the value of the amounts transferred. ...   [42]          The exact moment of the transfer is fundamental both in terms of consideration and the intention of the parties. ...   (2) Did the transferee give sufficient consideration to the transferor?   ...

" This bulletin indicates that if a public purpose is served and that the supplies are solely for accountability, then it will be considered that there is no consideration. ... Analysis Issue One [37] Was the building of the infrastructure a supply and the monies paid, a consideration for the supply? ... This TIB instructs that generally a grant, made in the public interest, will not be considered as consideration for a supply. ...

By section 6 (3a), in determining this last mentioned cost, the Minister shall take into consideration (inter alia) "acquisition costs incurred prior to April 1, 1928. ... The consideration was $75,000. To effect this sale, the new company was converted from a private company into a public company. ... The Minister further testified that he always listened and gave every possible consideration to the requests and arguments of the company. ...

M.N.R., [1928-34] C.T.C. 171, dealt with the sale of property and mines or mineral rights in it to an oil company for a cash consideration upon execution of the agreement, together with 25,000 shares of the capital stock of the purchaser, and as further consideration 10% of all petroleum, natural gas and oil produced by the property. ... However, since Section 83(2) specifically exempts from taxation an amount which is the consideration for a taxpayer’s interest in a mining property it should be found that the payments received in 1957 and 1958 in consideration of the interest which the appellant retained in the mineral claims are not subject to income tax. ... An examination of the wording of Section 83(2) discloses that it refers to ‘‘an amount’’ that is ‘‘the consideration for’’ but it does not specify whether the amount is the consideration for the sale of, rental of, or simply use of the mining property in question. ...

Subsection 168(1) of the ETA provides that GST in respect of a taxable supply is payable on the earlier of the day the consideration for the supply is paid and the day the consideration for the supply becomes due. ... In particular, subsections 168(2) and (9) state: (2)   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 such 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)   For the purposes of this section, 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. [45]   One of the issues, in the context of subsection 168(9) of the ETA, is determining whether a particular payment is a deposit or is a partial payment of the consideration for the supply, sometimes referred to in the jurisprudence as a “payment on account.” ... Thus, there is no supporting documentation to show the amount of consideration paid for the remedial work or the amount of the GST payable in respect of that consideration. [92]   In Bokrika, the City of Stoney Creek (the “City”) hired Bokrika Inc. ...