Search - consideration

He further found that charges made by DTI at the end of each trip to the drivers of $0.76 per mile for fuel and $0.08 per mile for vehicular maintenance were consideration for an on-supply by DTI to the drivers of fuel and maintenance services. ... Thus, the respondent Crown is mistaken that the taxable supplies of diesel that DTI made to the contract truckers occurred in Canada, at the end of the respective haulage trips, when the consideration for such supplies, being the chargebacks, were calculated and paid at DTI’s Ontario location These (re)supplies of diesel from DTI to the contract truckers cannot sensibly be said to have occurred at any later time…. ...

In rejecting the Crown's position that such 20% share was taxable consideration for administrative, billing and marketing services supplied to the sleep physicians by MedSleep, Bodie J found that: The fee-sharing agreements were valid for tax purposes notwithstanding that, under provincial health care law, payments for physicians’ services could be made by the provincial health insurance plans to physicians only; and The fee-sharing agreements did not contemplate that MedSleep would provide the alleged admin and marketing services to the sleep physicians and they instead indicated that MedSleep was entitled to a portion of the professional fees generated from medical services provided to the patients. ... V-II-2 (the consideration for which was both its directly charged fees and its 20% share of the sleep physicians' fees), Bodie, J. found that MedSleep, in tandem with the sleep physicians, supplied institutional health care services referred to in both paras. ...

The Queen, 75 DTC 5274, [1975] CTC 472 (FCTD)-- summary under Shares Summary Under Tax Topics- General Concepts- Fair Market Value- Shares The taxpayer was granted the right to acquire 300,000 shares of a corporation in consideration of past services in June of 1967 and the shares were issued to him in December. ...

"The word 'wilfully' as used in the subsection under consideration, carries a distinct connotation of deliberate purpose and ulterior motive. ...

The Queen, 82 DTC 6045, [1982] CTC 30 (FCTD)-- summary under Evidence Summary Under Tax Topics- General Concepts- Evidence Statements in tax returns that "were not made inadvertently but only made following due consideration and professional advice... constitute statements against interest. ...

., [1961] 2 All E.R. 167 (HL)-- summary under Resolving Ambiguity Summary Under Tax Topics- Statutory Interpretation- Resolving Ambiguity [T]he prevailing consideration must be that the taxpayer should not be put to any risk of being charged with a higher amount of profit than can be determined with reasonable certainty. ...

., 53 DTC 1036, [1953] CTC 37 (Ex Ct)-- summary under Legislative History Summary Under Tax Topics- Statutory Interpretation- Legislative History Any doubt as to the meaning of s. 6(1)(o) was "entirely removed by a consideration as to how the law stood and the state of things existing at the time para. ...

Accordingly, the postage paid by it was 0-rated consideration. ...

., 73 DTC 5354, [1973] CTC 434 (FCA), briefly aff'd 76 DTC 6312, [1976] CTC 415 (SCC)-- summary under Subsection 88(1) Summary Under Tax Topics- Income Tax Act- Section 88- Subsection 88(1) The word "distributed" was held not to include a sale of accounts receivable for valuable consideration. ...

The Queen, 94 DTC 1765, [1995] 1 CTC 2298 (TCC)-- summary under Subsection 70(6) Summary Under Tax Topics- Income Tax Act- Section 70- Subsection 70(6) A transfer of shares to the wife of the deceased in consideration for cash and set-off of debts owing to her by the estate occurred pursuant to a purchase transaction rather than as a consequence of the death of the deceased. ...