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2. 3. where payments are for a right to use and for services under a contract requiring advice and information to be provided without any separately stated consideration, would you in any circumstances, break down the total consideration into the separate elements of payment for services and royalty payment respectively? ... Where payments are for a right to use and for services under a contract requiring advice and information to be provided without any separately stated consideration, would you in any circumstances, break down the total consideration into the separate elements of receipt for services and receipt for royalty respectively? ...

As consideration for the transfer of the property and the promissory note, Subco assumes the mortgage and gives Holdco common shares and redeemable preference shares with a redemption price equal to the amount of the promissory note. ... The word implies the existence of a debtor, legality of the obligation, the existence of a consideration, and execution or performance by the creditor. ... Conclusion A copy of this decision summary will be forwarded to Finance for consideration in their ongoing interest study. ...

The Court also found that the payment was motivated primarily by considerations extraneous to the employment, namely, public and labour relations considerations. ... The Tax Court found that the amount was not taxable and allowed the appeal on the basis that:_ the payment was not an allowance but partial reimbursement of increased housing costs;_ the payment could not reasonably be regarded as consideration for entering into the contract of employment, notwithstanding that he found that the amount was part of the remuneration package;_ the taxpayer did not receive a benefit, as he was in no better position. ... The judge dismissed the appeal finding that the payment was taxable since it resulted from an obligation under the agreement with the employer, and was received as consideration for accepting the office within the provisions of paragraphs 6(3)(b) and (c) of the Act. ...

With respect to all of the payments referred to above that are made pursuant to an insurance policy, one consideration is whether an "employee benefit plan" or an "employee trust" exists pursuant to the definition of these terms in subsection 248(1) of the Income Tax Act (the Act). ... A second consideration is whether deductions in respect any of the payments can be claimed under subparagraph 110(1)(f)(ii) of the Act. ... In view of the foregoing, it would appear that a consideration would be whether it is possible to establish a private health services plan that can be regarded as a separate plan within an insurance plan policy. ...

The Court also found that the payment was motivated primarily by considerations extraneous to the employment, namely, public and labour relations considerations. ... The Tax Court found that the amount was not taxable and allowed the appeal on the basis that:- the payment was not an allowance but partial reimbursement of increased housing costs;- the payment could not reasonably be regarded as consideration for entering into the contract of employment, notwithstanding that he found that the amount was part of the remuneration package;- the taxpayer did not receive a benefit, as he was in no better position. 000141 In contract in the case of R. ... The judge dismissed the appeal finding that the payment was taxable since it resulted from an obligation under the agreement with the employer, and was received as consideration for accepting the office within the provisions of paragraphs 6(3)(b) and (c) of the Act. ...

A flow-through share was generally understood to mean a share of the capital stock of a corporation issued by the corporation to a taxpayer in a situation where, pursuant to an agreement in writing entered into before 1987 between the taxpayer and the corporation, the taxpayer agreed to incur CEE described in any of subparagraphs (i) to (iii.1) of paragraph 66.1(6)(a) of the Act solely in consideration for the share or a right thereto or an interest therein. ... It provides that a taxpayer may include in his CEE, expenses which qualify for treatment as CEE for purposes of the Act which were incurred by him pursuant to an AGREEMENT IN WRITING with a corporation, ENTERED INTO BEFORE 1987, under which he incurred the expenses solely as consideration for shares, other than prescribed shares, of the capital stock of the corporation which are issued to him; or any interest in such shares or right thereto. ... The CEE incurred in 1987 and 1988 by the Companies on behalf of the Subscribers of such Rights would thus fall within the ambit of subparagraph 66.1(6)(a)(v) and would be eligible CEE of the Subscribers; provided that the said CEE was incurred pursuant to an agreement in writing entered into before 1987 under which it was incurred solely as consideration for acquiring the Rights; and provided that the Companies have complied with the various conditions set out in the Act concerning the incurrence of CEE. ...

A flow-through share was generally understood to mean a share of the capital stock of a corporation issued by the corporation to a taxpayer in a situation where, pursuant to an agreement in writing entered into before 1987 between the taxpayer and the corporation, the taxpayer agreed to incur ME described in any of subparagraphs (i) to (iii.1) of paragraph 66.1(6)(a) of the Act solely in consideration for the share or a right thereto or an interest therein. ... It provides that a taxpayer may include in his CEE, expenses which qualify for treatment as GEE for purposes of the Act which were incurred by him pursuant to an agreement in writing with a corporation, entered into before 1987, under which he incurred the expenses solely as consideration for shares, other than prescribed shares, of the capital stock of the corporation which are issued to him; or any interest in such shares or right thereto. ... The CEE incurred in 1987 and 1988 by the Companies on behalf of the Subscribers of such Rights would thus fall within the ambit of subparagraph 66.1(6)(a)(v) and would be eligible CEE of the Subscribers; provided that the said CEE was incurred pursuant to an agreement in writing entered into before 1987 under which it was incurred solely as consideration for acquiring the Rights; and provided that the Companies have complied with the various conditions set out in the Act concerning the incurrence of CEE. ...

NOW THEREFORE in consideration of these presents and other good and valuable consideration (the sufficiency of which is hereby acknowledged by the undersigned) the undersigned, the Income Beneficiary of the Fund, as and from this day forward, hereby 1. renounces all right title and interest to the income from the Fund; and 2. for greater certainty, disclaims all right, title and interest to the capital of the Fund. ... She will not receive any monetary consideration in return for her renunciation or disclaimer. 21. ... There will be no entitlement to consideration in return for the consent given by each of Daughter1, Daughter2’s Children and Daughter2’s Grandchildren. 22. ...

The DC Class I Preference Shares were issued to Holdco1, Holdco2 and Holdco3 at various times for consideration of $XXXXXXXXXX per share, being the FMV of the consideration for which each such share was issued. ... As consideration for the DC Acquisition1, DC made a $XXXXXXXXXX capital commitment to Partnership1. ... As consideration for the DC Acquisition2, DC made a $XXXXXXXXXX capital commitment to Partneship2. ...

No consideration will be given to any holder of XXXXXXXXXX Stock Options in relation to such amendments. ... III.48 NEWCO will redeem all of its NEWCO Preferred Shares and will issue to XXXXXXXXXX in consideration therefor the NEWCO Redemption Note. ... III.65 XXXXXXXXXX, will subscribe for, and XXXXXXXXXX will issue from its treasury, a number of XXXXXXXXXX Class C Shares, for cash consideration. ...