Search - consideration

The funds used to pay the consideration set out in the transportation contracts came from a subsidy paid to the board by the Minister of Transport. ... Even though someone who pays a consideration is more often than not seeking a personal benefit, he or she may also be seeking to benefit someone else. ... By contrast, the consideration received from the Province covered approximately 70% of the cost of acquiring and constructing the transit facilities. ...

Simply put, under that provision, if the transferor was liable to pay tax, the property was transferred, the transferee was a person not dealing at arm’s length with the transferor and the fair market value of the property transferred exceeds the consideration given by the transferee, then the transferee is liable for the value of the property less the consideration tendered to the transferor.   ... The Appellant bears the onus of dislodging those assumptions, such that the Minister’s assumptions will stand unless demolished by evidence tendered by the Appellant which must prove on the balance of probabilities that consideration (other than the nominal consideration expressed in the Transfers and recorded in the Land Titles system) was tendered by payment, through evidence of indebtedness or other consideration made by the transferee to the transferor ...   [8]              The following factual issues were meaningfully in dispute or represented factual matters in respect of which the Appellant led evidence:   a)                  The amount of consideration falling into the category of “other consideration” was a major point. ...

On appeal, the Tax Court held that monetary consideration in the amount of 6.750M rather than 13.5M had been received thereby allowing the appeal to the extent of 50%. ... This presumption applies unless the transferor receives consideration having a fair market value higher than the agreed amount in which case the cost to the partnership and the proceeds to the transferor are deemed to be equal to the value of the consideration actually received by the transferor. The issue in this appeal therefore turns on the extent of the consideration received by the respondent upon the transfer of the Capri Assets to the partnership. ...

Oosterman would have had to intend that the mother‑in‑law have an ownership interest in the property, and it was acknowledged that the parties did not give this any consideration. ...   [39]     I conclude that it is more likely than not that the appellant did give consideration on the transfer by assuming her husband’s share of the loan from the mother‑in‑law. ...   [45]     I conclude, then, that the consideration given by the appellant on the transfer on December 3, 2003 includes one-half of $108,000, or $54,000.   ...

The non-market value and tax exemption form states that the consideration paid for the transfer of ownership consisted in advances made to pay off mechanical bills. ... Consideration [14]     Was there consideration flowing for the transfer of both motor vehicles? ... It is therefore very clear that there was no consideration for the transfer of the Austin Healy. ...

That is clearly not the case here since the total amount of only the consideration of each sale was paid to the Appellant. [26]     In Ciriello v. ... Even this deduction may not be available, however, since subsection 231(1) requires that the " consideration and tax " have become in whole or in part a bad debt. ... Sherman may seem acceptable, provided however that the applicable QST is also taken into consideration, it must nevertheless be considered that the GST is not already included in the consideration, which in this instance was paid in full. [29]     However, as counsel for the Respondent contends, it must be considered, in the instant case, that the GST is included in the consideration of $234,660 received by the Appellant for the sales of the 14 vehicles for which it agreed to be reassessed under the agreement of April 11, 2003. ...

Value of consideration 153 (1) Subject to this Division, the value of the consideration, or any part thereof, for a supply shall, for the purposes of this Part, be deemed to be equal to (a) where the consideration or that part is expressed in money, the amount of the money; and (b) where the consideration or that part is other than money, the fair market value of the consideration or that part at the time the supply was made. [14] As well, if a property or service is incident or coincident with other services for a single consideration, then section 138 also speaks to that: Incidental supplies 138. ... [19] The Appellant asserts that the gratuity is not in exchange for any service and is therefore not a part of the consideration. ... To argue the service implicitly conveyed to patrons by the staff is not enveloped in the overall contract is illogical given its memorialized, fixed and itemized inclusion therein. [28] The ETA defines “consideration” as “any amount that is payable for a supply by operation of law.” [14] The almost mandatory tip is enforceable by operation of contract law whereas a voluntary tip is not “consideration” because it is not payable by operation of law—if it is paid, it is paid by operation of custom and is volitional. ...

Analysis: Subsection 169(1): [19] Subsection 169(1) of the ETA contains the general rules for the claiming of ITCs. [20] In order for a claimant to claim an ITC, four conditions must be satisfied: The claimant must have acquired the supply (e.g., services); The GST must be paid/payable by the claimant on the supply (recipient of the supply); The claimant must have acquired the supply for consumption or use in the course of its commercial activity. [7] At the time of filing the GST return, the claimant must have obtained sufficient evidence as prescribed in section 3 of the Input Tax Credit Information (GST/HST) Regulations (ITC Regulations). [21] Subsection 123(1) provides the following definition of “recipient of a supply of property or a service”: where consideration for the supply is payable under an agreement for the supply, the person who is liable under the agreement to pay that consideration, where paragraph (a) does not apply and consideration is payable for the supply, the person who is liable to pay that consideration, and where no consideration is payable for the supply, in the case of a supply of property by way of sale, the person to whom the property is delivered or made available, in the case of a supply of property otherwise than by way of sale, the person to whom possession or use of the property is given or made available, and in the case of a supply of a service, the person to whom the service is rendered. [22] A review of the Minutes of Settlement and the Full and Final Release indicate that the Appellant paid the Plaintiff, Starwood, $800,000 for the following: the return of a $350,000 deposit; a reimbursement to Starwood of legal fees and consulting fees incurred; an assignment of Starwood’s rights, title and interest to Starwood’s rezoning application plans and reports, listed at schedule “A”; Consideration for the discontinuance for this action including all claims and counter claims on a without cost basis; And in consideration of other good and valuable consideration; The settlement terms also states that the agreement covers all know injuries, losses, damages, both known and unknown to the parties. [23] As previously noted, the Appellant argues that Starwood supplied both intangible and tangible property to the Appellant in 2014. ... ITC Regulation 3(a)(iv) and 3(b)(iii) [43] In addition, I am unable to determine the total amount of consideration paid nor the total amount of tax paid by the Appellant for the assignment of Starwood’s intellectual property. ... This was for good reason, as it does not apply. [47] Section 182 levies GST/HST on payment made to a registrant as a consequence of a breach, modification, or cancellation of an agreement (other than as consideration for a supply) deeming it to be a taxable supply. ...

Ducharme gave more consideration than she got" and he allowed her appeal. ... Ducharme's mortgage exceeded the fair market value of the consideration given by Ms. ... Vienneau received consideration equivalent to or greater than the amounts he transferred to Ms. ...

Duchesneau’s father; n) The appellant did not provide any other consideration for the transfers that Ms.  ... Only transfers from her mother were taken into consideration in making the assessment. [14]   However, Ms.  ... As consideration for this payment to the Canada Revenue Agency, the CRA will release its mortgage number 17497028. ...