Search - consideration

Respecting the weight to be given to the parties' allocation, he stated (at para. 75, 78, after citing Gabco): [A]n amount can reasonably be regarded as being consideration for the disposition of a particular property if a reasonable business person, with business considerations in mind, would have allocated that amount to that particular property....That the parties to an arm's length transaction have agreed on an allocation is an important factor to consider, but an agreed allocation which does not meet the reasonableness test may still be challenged under section 68. ...

Respecting the failure of the Minister to consider the s. 220(2.1) request, Woods JA stated (at para. 30): There is no evidence that the Minister gave any consideration to the request for a waiver pursuant subsection 220(2.1). In light of this, it is appropriate to remit the matter back to the Minister for consideration. ...

Gillis transferred the property on a s. 85(1) rollover basis to a newly-incorporated corporation (“Tri-Holdings”) in consideration for the assumption of a portion of the mortgage on the property and for the issuance of four common shares (representing all the Tri-Holdings’ shares) with a nominal paid-up capital (“PUC”). ... Gillis then transferred those shares on a s. 85(1) rollover basis to a newly-incorporated holding company, 626468 New Brunswick Inc. (“626 NB”), in consideration for shares of 626 NB with a nominal PUC. ...

Canada (the King), 2025 FCA 27-- summary under Supply Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Supply Ontario electricity suppliers made single supplies of electricity notwithstanding separate regulatory and delivery charges Bell Canada was required as a result of ETA s. 236.01 and the related regulation to recapture 100% of the input tax credits that it claimed in respect of the 8% Ontario HST that it paid on the consideration for the supplies to it in Ontario of electricity. ... Québec (Sous-ministre du Revenu), 2002 CanLII 25441 (QC CA) was distinguishable on the ground that it “involved two separate contracts and two separate considerations paid, thus creating two distinct supplies” (para. 29). ...

Canada, 2003 DTC 5225, 2003 FCA 128-- summary under Disposition Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Disposition grant of non-compete did not entail a disposition of property/ settlement of right to damages is not a disposition for capital gains purposes A portion of the consideration paid by a purchaser of shares of operating companies in which the taxpayer had been a significant shareholder (directly, or through holding companies) was allocated as consideration for his entering into non-compete agreements. ...

As soon as LBL delivered the products to the store vicinity, and it received the cash consideration, the products were loaded onto the waiting trucks of customers, in turn, of Ms. ... MacNaughton was the recipient of the tobacco products, i.e., the one liable to pay the consideration therefor, and suggested that the s. 87 exemption instead required that the products have become the personal property of Ms. ...

(g) of the definition, Sharlow JA stated (at paras. 25, 28, 30): [T]here is no evidence that Global would have been prepared to pay consideration to the Casinos for any of the three elements on its own. Since the three elements are integrally connected and there is a single consideration, there is a single supply.... ...

Canada, 2019 FCA 217-- summary under Paragraph 262(2)(b) Summary Under Tax Topics- Excise Tax Act- Section 261- Subsection 261(2)- Paragraph 262(2)(b) denial includes where the CRA assessment of the tax was of another person A non-resident bank ("Citibank") agreed to fund the payment of the upfront brokerage commissions that were payable on the issuance of units in the Invesco/Trimark funds (the “Funds”) in consideration for receiving an assignment of a portion of the amounts that otherwise would have been earned by the Invesco manager as management fees. More precisely, the manager agreed to reduce its management fees (i.e., reduce its percentage charge of NAV), and the Funds agreed to pay the same percentage amounts to a special purpose non-resident Citibank-formed vehicle (“Funding Corp”) essentially in consideration for Funding Corp paying the brokerage commissions. ...

., 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. ...

Sexton J.A. stated (at p. 7119) that "Technical Notes are not binding on the courts, but they are entitled to consideration." ...