Search - consideration

It would be fair to say that there would be a significant consideration to including those treaties where there would be a match prior to ratification. ... Just because tax is a consideration does not mean that you are automatically caught by the PPT. ...

FA1 acquires the common shares of New FA3 from New FA2 in consideration for a promissory note in the amount of $100. ... Canco contributes the common shares of New FA3 to New FA2 in consideration for additional common shares of New FA2, such that subsection 85.1(3) applies to this transfer of shares. ...

After that decision, there was a major decrease in cases with arguments about economic substance – it just did not come up anymore, even though it was an important consideration. ... A transaction generally will not be under consideration where you can clearly say “that is a 100% tax-motivated transaction,” or “that is a 100% commercial transaction” because, of course, commercial transactions inherently have a tax dimension to them. ...

Headquarters will generally in turn refer the matter to the GAAR Committee for consideration. ... Thus taxpayers should be assured that when the application of the GAAR is considered, all their arguments will have received careful consideration. ... The CRA will take your suggestion under consideration. CRA Response (b) The Canadian FTC is dependent on a confirmed final tax liability with the foreign tax authority and the supporting documents requested are proof of that confirmed final tax liability. ...

A vendor (Vendor) sells all of its shares of a corporation (Target) to a purchaser corporation (Purchaser) in consideration for, exclusively, shares of the Purchaser. ... That same paragraph indicates that for a service business, the place where the services are performed should be given consideration. ... Broadcast Rights Payments are consideration for a right to which paragraph (f) of the definition of “copyright” in the Copyright Act applies, i.e., the right to communicate work to the public by telecommunication. ...

The question of what constitutes the cost of installing a charging station is a question of fact that cannot be resolved until after consideration of all relevant facts specific to the situation. ... The question whether in a particular case an agreement is an agreement to issue shares for the purposes of section 7 is one of fact and law which cannot be resolved until consideration of all relevant facts and documents. ... Furthermore, subsection 26(2) CBCA provides that "[a]corporation shall add to the appropriate stated capital account the full amount of any consideration it receives for any shares it issues.” ...

It used to be that the appeals officer had the discretion to send matters back to the auditor- now it will be mandatory where the auditor has requested documents and information, the taxpayer has failed to provide that information, and instead provides it at objections- the matter will just be sent back to Audit for consideration. ...

In general, the MLI works very similarly to the Canada-US treaty – the start date is the date on which both competent authorities agree that they have received all of the information necessary to undertake substantive consideration of the case. ...

Under the common law, “a gift is a voluntary transfer of property owned by a donor to a donee, in return for which no benefit or consideration flows to the donor” (The Queen v Friedberg, [1992] 1 CTC 1, 92 DTC 6031 (FCA)). Generally, for purposes of sections 110.1 and 118.1, a gift under common law is made if a taxpayer has donative intent, and all three of the following conditions are satisfied: there must be a voluntary transfer of property to a qualified donee; the property transferred must be owned by the donor; and no benefit or consideration must flow to the donor. ... It is a question of fact as to whether the husband and wife would be considered to meet the excluded business test for a particular taxation year (or continue to meet such test in any subsequent taxation year) as consideration must be given to the ongoing nature, and labour requirements of the corporation’s business. ...

To prevent the conversion of capital dividends into capital gains, where 84.1 applies it deems a taxable dividend to the extent that non-share consideration exceeds the greater of PUC and cost base. ... In the paper, an important consideration about passive investment income was to preserve the liquidity that is provided by low corporate tax-rates, particularly the small business rate. ...