Search - consideration

XXXXXXXXXX Subco provides these services in consideration for a service fee. 4. ...

As consideration for providing services to Parentco under the Subco Services Agreement, Subco is paid a monthly fee of US$XXXXXXXXXX (the "Service Fee"). ...

To the extent the whole of the annual net income is not fully expended in a year, such excess will be added to the trust funds. 19) If at any time after the start of construction of the Project but prior to the Project being substantially complete there remain undrawn trust funds and the Public Foundation has been declared bankrupt or insolvent or has entered into liquidation, then during such period no funds may be withdrawn from the Fund for any purpose whatsoever without the prior written consent of the Donors, and if such default is not cured within a certain period, then the Donors will in writing designate one or more registered charities qualified to issue receipts under the Act to which the Public Foundation may make contribution and the Public Foundation will pay to such designee specified by the Donors forthwith, after such written designation has been made by the Donors, all of such remaining undrawn trust funds. 20) Charity A will be responsible for designing, obtaining and approving architectural plans, all required building permits, including without limitation municipal, provincial and federal permits and all approvals and consents from any person or persons whose approvals or consents are required. 21) No mortgage will encumber the properties prior to the XXXXXXXXXX anniversary of the start of construction of the Project, without the prior written consent of the Donors, except for mortgages or charges given as collateral or additional security to secure construction funds advanced by a Canadian chartered bank, trust company, credit union or other recognized and governmentally regulated financial institution carrying on business in XXXXXXXXXX for a construction loan XXXXXXXXXX% of the face value and proceeds of such loan are used directly for the construction of the Project. 22) During each year of construction of the Project, the Public Foundation and Charity A will cause to be prepared annually, in respect of the Project, financial reports and will deliver the same to the Donors. 23) For a period of XXXXXXXXXX years, the Donors will be kept informed on a regular basis by Charity A of the results of any consideration or intention, on the part of Charity A, to carry out any reorganization, restructuring, merger or amalgamation. 24) Following completion of the construction of the Project, Charity A alone will be responsible for the operation and maintenance of the completed Project and at all times thereafter will operate and maintain the Project. ...

For example, such allocation would require, among other things, the consideration of all of the terms and conditions attached to the various classes of shares, an analysis of the terms of a unanimous shareholder agreement, if any, and an analysis of the applicable corporate law. ...

It is reasonable to conclude that one spouse desired to confer a benefit on the other spouse by receiving consideration which is less than the fair market value of the property transferred. 2. ...

The shares in the capital stock of Newco that will be issued as described in paragraph 17 below will not be, at any time during the implementation of the proposed transactions described herein: (1) the subject of any undertaking that is referred to in subsection 112(2.2) of the Act as a "guarantee agreement"; (2) the subject of a dividend rental arrangement as that term is defined in subsection 248(1) of the Act; (3) the subject of any secured undertaking of the type described in paragraph 112(2.4)(a); or (4) issued for consideration that is or includes: (a) an obligation of the type described in subparagraph 112(2.4)(b)(i), other than an obligation of a corporation that is related (otherwise than by reason of a right referred to in paragraph 251(5)(b)); or (b) any right of the type described in subparagraph 112(2.4)(b)(ii). 11. ...

Furthermore, the consideration for which any of the shares are issued will not include an obligation of an unrelated investor to make payments, any portion of which would be required to be included in computing the income of the issuer, nor will it include any right to receive payments or property that may revert to the investor. 14. ...

.), à la page 669, le commissaire Weldon résuma en les termes suivants l'application de l'alinéa 400(2)b) du Règlement en regard d'une entreprise oeuvrant dans le domaine des ventes: " However, when all is said and done, the important consideration in deciding whether or not there is a permanent establishment in a province, at least in the field of sales, can be reduced, in my view, to one question- Is there a definite sales organization large or small in that province, set up on a permanent or stable basis, which is clothed with authority to transact business, complete sale contracts, and arrange shipment of the products covered thereunder? ...

Non-résident- règle générale À notre avis, les tribunaux ont toujours suivi le principe selon lequel un contribuable doit être sujet à une cotisation en vertu de la Partie I de la Loi avant d'être pris en considération dans le cadre de l'application d'une disposition de la Loi. ...

While it may carry some weight, the most important considerations are the location of the revenue-generating activities, and the location of the customers of the business. ...