Search - consideration

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. ...

Under it, the p urchasers agreed to purchase a residential property either already constructed or to be constructed for a consideration of $278,150. ... Further, it only applies where part of the consideration is retained pending full and satisfactory performance of the supply, or a part thereof ... In this case, no part of the consideration has been “retained” pending Olde Park’s obligations relating to financing because the consideration would not otherwise be payable ...

The Appellant submitted that consideration did pass from the Appellant to Mr. ... The Appellant’s argument that adequate consideration was received by Mr. ...   [56]          The phrase “consideration given for the property”, as it is stated in subsection 160(1), was interpreted in Livingston at paragraph 17 to mean “consideration given by the transferee”. ...

No. 320 at paragraph 18: [14]       In order for subsection 160(1) of the Act to apply, four conditions have to be met.: 1)          there must be a transfer of property; 2)          the transferor and transferee must not have been dealing at arm's length; 3)          there must have been no consideration or inadequate consideration given by the transferee to the transferor; and 4)          the transferor must be liable to pay an amount under the Act in or in respect of the taxation year in which the property was transferred or any preceding taxation year. [15]     From an analysis of the evidence before me it is clear that conditions (1), (2) and (4) have been met. However, Mohammed, the spouse of the Appellant and agent for the Appellant, maintains that section 160 of the Act should not be applied in this situation since the Appellant had given consideration to him when he transferred his interest in the Property to her (see condition (3)). [16]     In support of his argument Mohammed said that the Appellant paid property taxes on the Property and in 2004 the Appellant paid for windows that were installed in the Property. ... I also note that there were no cheques produced to show payments to the Appellant or payments to the City of Winnipegand that the daughter was not called as a witness to support this argument. [19]     I also note that any payments of taxes made by the Appellant with respect to the Property after March 1, 1999 would not constitute any consideration given to Mohammed since he had disposed of his interest in the Property on March 1, 1999. ...

[31]   The Officer’s consideration of Cleval’s best interests in the Decision is brief. ... Vincent, then barring any serious considerations, other than the enforcement of the Act, they should not be removed. ... The special considerations in this case impact on the issue of timeliness. ...

The appellant argued that the property was not acquired for consideration lower than its fair market value. [2]            In assessing the appellant, the Minister assumed the facts set out in subparagraphs (a) to (g) of paragraph 6 of the Reply to the Notice of Appeal. ... Clause 3o-(b) of the contract reads as follows: [TRANSLATION] 3o- In consideration of the future marriage, the future husband makes an irrevocable gift inter vivos, in full and absolute ownership, from the date the marriage is celebrated, to the future wife, who accepts: (a)           ... ... The following is stated under the heading [translation] "Agreements": [TRANSLATION] 4.-             The said "CONSIDERATION" clause in the above-mentioned deed published as number 466,297 neglected to mention that the said gift was made by the party of the first part to the party of the second part, who accepted it, for the following consideration as well: In addition, the said gift is made for and in consideration of the performance of article 3(b) of the parties' marriage contract signed on the thirtieth of September nineteen seventy-five (1975/09/30) before notary Roland HUOT as number 14,801 of his minutes and published at the registry office of the registration division of Chicoutimi on the first of October of the same year (1975/10/01) as number 292,051, which article provides for a gift inter vivos of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00) payable by the party of the first part to the party of the second part. 5.-             ACCORDINGLY, the "CONSIDERATION" clause in the deed of gift entered into by the party of the first part, Yves CRÊTE, in favour of the party of the second part, Carole LECLERC, which was signed before notary Marcel CLAVEAU on the twenty-eighth of January nineteen eighty-seven (1987/01/28) as number 25,495 of his minutes and published in Chicoutimi on the first of September of the same year (1987/09/01) as number 466,297, ought to read as follows: CONSIDERATION (a)            THIS GIFT is therefore made for and in consideration of the undertaking by the donee to assume the full balance of a mortgage that was originally for FORTY-THREE THOUSAND FIVE HUNDRED DOLLARS ($43,500.00) and that is owed to Bernard BOIVIN under the following instrument:... ...

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:   1.00     CONSIDERATION               THE BORROWER promises to pay THE SURETY, in consideration of his suretyship for the LINE OF CREDIT or a part thereof, an annual rate of interest equal to ONE HALF OF ONE PER CENT (0.5 per cent) on the amount of the LINE OF CREDIT guaranteed. ... According to the court, it is not sufficient to make a general allegation that the appellant anticipated some participation in the profits of his son’s business at some unstated time in the future and on that basis to argue that some consideration for the guarantee existed. ... Moreover, when the appellant was called upon by the bank to pay the debt, none of the normal commercial considerations were given by the appellant to collecting the debt. ...

A person must have been engaged in selling, issuing or accepting consideration in respect of a tax shelter. ... In other words, did he sell, issue or accept consideration in respect of a tax shelter? ... Ciccone accepted consideration in respect of the Scheme by virtue of receiving T4 earnings from the Ciccone Group. ...

(iv)    Is the Grant consideration paid by the Government of Alberta for a supply?   ... “consideration” includes any amount that is payable for a supply by operation of law;   ... The consequence is that the GST will be payable on the entire consideration paid by the appellants ...

On December 15, 2004, the appellant subscribed to 100 Class B shares of P Pom Inc. for a consideration of $100. 9.    ... Class C capital shares for a consideration of $50. 11.  On January 3, 2005, the appellant and Gaby transferred all the Class F shares they held in Groupe Pomerleau Inc. to P Pom Inc. as consideration for P Pom Inc. ... Therefore, Products having sold its CAHL shares for fair market value consideration, we see nothing abusive about requiring the legal consequences of that sale to be recognized for fiscal purposes and to govern the Canadian income tax consequences, even though the consideration was not paid in cash and the intended result of the transaction was to put in place a Canadian subsidiary with stated capital and paid up capital equal to that consideration. ...