Search - consideration

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. ...

Provisions of the Act [4]                Subsection 146(9) of the Act (which has not been amended since it was added to the Act in 1972) provides as follows: (9) Where in a taxation year a trust governed by a registered retirement savings plan (a) disposes of property for a consideration less than the fair market value of the property at the time of the disposition, or for no consideration, or   (b) acquires property for a consideration greater than the fair market value of the property at the time of the acquisition, the difference between the fair market value and the consideration, if any, shall be included in computing the income for the taxation year of the annuitant under the plan ...     [5]                Subsection 146.3(4) of the Act (which has not been amended since it was added to the Act in 1978) provides as follows: (4) Where at any time in a taxation year a trust governed by a registered retirement income fund (a) disposes of property for a consideration less than the fair market value of the property at the time of the disposition, or for no consideration, or (b) acquires property for a consideration greater than the fair market value of the property at the time of the acquisition, 2 times the difference between that fair market value and the consideration, if any, shall be included in computing the income for the taxation year of the taxpayer who is the annuitant under the fund at that time ...   [45]            As noted above, section 27 of the ABCA provides that shares cannot be issued until the consideration is fully paid. ...

This conclusion is reinforced by Article 9A, which provided: Article 9A- Prepaid Rent Consideration Adjustment In the event that the Proceeds received by the Lessee on its assignment of this Lease with respect to any Suite shall be less than the Escalated Consideration for any such Suite, the prepaid rent consideration set forth in page 2 hereof shall be adjusted and reduced by the amount of the shortfall and the Lessor agrees to pay to the Lessee forthwith on demand the amount of such shortfall. “Escalated Consideration” in this Article means: a) 103% of the Allocated Consideration with respect to an assignment entered into prior to 31 July 1985: b) 106% of the Allocated Consideration with respect to an assignment entered into prior to 31 July 1986; C) 109% of the Allocated Consideration with respect to an assignment entered into prior to 31 July 1987; d) 112% of the Allocated Consideration with respect to an assignment entered into prior to 31 July 1988; e) 115% of the Allocated Consideration with respect to an assignment entered into prior to 31 July 1989. ... The Assignee has agreed to purchase the unexpired leasehold estate of the Assignor in the Suite for the consideration hereinafter set forth. ...

(d)      On July 23, 1985, Claude Feuiltaut and Johanne Laberge Feuiltaut transferred their common shares to the APPELLANT's spouse for a total consideration of twenty dollars ($20.00) and resigned as directors of the Corporation. ... Bertrand Carrier Inc. shall pay each other, as consideration for referrals, an amount equal to 50% of the commissions and bonuses collected on each of the files referred unless a prior agreement has been made. ... " [47]     The Appellant strongly asserted that these are the only factors of the operation that should be taken into consideration in establishing the FMV. ...

The term is not particularly meaningful in the context of this case except that commission generally connotes consideration for doing something. [9]            Consideration, under subsection 123(1) of the Act: includes any amount that is payable for a supply by operation of law. ... (a)            Is the amount of the discount "consideration" for a supply and therefore subject to GST? ... Indeed, as the appellant did not receive a true consideration, it should not have collected GST on those amounts designated as commissions. ...

When it sold its Nestlé Product to Costco: a)         the Appellant collected GST/HST on the full price without taking into consideration the IRCs; and b)         the Appellant did not credit or refund Costco for the GST/HST that was collected on the part of the consideration that was eventually reduced by the IRCs. 20.   ... In this day and age of electronic commerce and the use of purchase and sale devices not contemplated 20 years ago, I am of the view that where the fixed amount is clearly known to both sides, and is evidenced in writing, as hard copy or electronically, that can be offered by a customer as partial consideration, the requirement has been met.... ... Miller J. held that where the fixed dollar amount is clearly known to both sides and evidenced in writing by either a hard or an electronic copy that can be offered by a customer as partial consideration, the requirement has been met (para. 35). ...

James Penturn swore the affidavit of residence and of value of the consideration before Jack Walker on January 18, 1984. ... Such "other consideration” would be deducted from the number itemized in (g). ... James'"affidavit of residence and of value of the consideration” in the transfer makes no reference to any consideration outside of the ordinary house transaction. ...

Moreover, all transfers were made for full consideration and all were made prior to the death of the de ceased. ... If therefore full consideration was given for this reversion, estate duty is not payable. But if full consideration was not given for it, then s 3, sub-s 2, becomes applicable. ...

In my view that conclusion follows from a consideration of the two relevant sections as well as from a consideration of the history of the Income War Tax Act. ... Second, the distribution to the shareholders of the Security Company of the consideration for the sale. ... After most respectful consideration of the above suggestions I find myself unable to agree. ...

The documentary evidence in this case, according to the defendant, demonstrates the Housing Policy was an important consideration in employees agreeing to work in Fort McMurray, and in the case of the plaintiff, was a necessary precondition to his accepting employment. ... The payment was made, not as remuneration for services rendered under the contract of employment, but instead as consideration for Mr. and Mrs. ... Subsection 6(3) The defendant contends that payment was made as consideration for entering into the contract of employment or as partial remuneration for services rendered under the contract of employment since one of the terms of the contract was that the plaintiff be a resident of Fort McMurray so the housing policy was partial consideration for agreeing to move there. ...