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Results 61 - 70 of 5753 for consideration
TCC

3092-8949 Québec Inc. v. The Queen, 2006 TCC 136 (Informal Procedure)

That is clearly not the case here since the total amount of only the consideration of each sale was paid to the Appellant. [26]     In Ciriello v. ... Even this deduction may not be available, however, since subsection 231(1) requires that the " consideration and tax " have become in whole or in part a bad debt. ... Sherman may seem acceptable, provided however that the applicable QST is also taken into consideration, it must nevertheless be considered that the GST is not already included in the consideration, which in this instance was paid in full. [29]     However, as counsel for the Respondent contends, it must be considered, in the instant case, that the GST is included in the consideration of $234,660 received by the Appellant for the sales of the 14 vehicles for which it agreed to be reassessed under the agreement of April 11, 2003. ...
TCC

1410109 Ontario Ltd. v. The King, 2022 TCC 141 (Informal Procedure)

Value of consideration 153 (1) Subject to this Division, the value of the consideration, or any part thereof, for a supply shall, for the purposes of this Part, be deemed to be equal to (a) where the consideration or that part is expressed in money, the amount of the money; and (b) where the consideration or that part is other than money, the fair market value of the consideration or that part at the time the supply was made. [14] As well, if a property or service is incident or coincident with other services for a single consideration, then section 138 also speaks to that: Incidental supplies 138. ... [19] The Appellant asserts that the gratuity is not in exchange for any service and is therefore not a part of the consideration. ... To argue the service implicitly conveyed to patrons by the staff is not enveloped in the overall contract is illogical given its memorialized, fixed and itemized inclusion therein. [28] The ETA defines “consideration” as “any amount that is payable for a supply by operation of law.” [14] The almost mandatory tip is enforceable by operation of contract law whereas a voluntary tip is not “consideration” because it is not payable by operation of law—if it is paid, it is paid by operation of custom and is volitional. ...
TCC

267 O'Connor Limited v. The King, 2024 TCC 161 (Informal Procedure)

Analysis: Subsection 169(1): [19] Subsection 169(1) of the ETA contains the general rules for the claiming of ITCs. [20] In order for a claimant to claim an ITC, four conditions must be satisfied: The claimant must have acquired the supply (e.g., services); The GST must be paid/payable by the claimant on the supply (recipient of the supply); The claimant must have acquired the supply for consumption or use in the course of its commercial activity. [7] At the time of filing the GST return, the claimant must have obtained sufficient evidence as prescribed in section 3 of the Input Tax Credit Information (GST/HST) Regulations (ITC Regulations). [21] Subsection 123(1) provides the following definition of “recipient of a supply of property or a service”: where consideration for the supply is payable under an agreement for the supply, the person who is liable under the agreement to pay that consideration, where paragraph (a) does not apply and consideration is payable for the supply, the person who is liable to pay that consideration, and where no consideration is payable for the supply, in the case of a supply of property by way of sale, the person to whom the property is delivered or made available, in the case of a supply of property otherwise than by way of sale, the person to whom possession or use of the property is given or made available, and in the case of a supply of a service, the person to whom the service is rendered. [22] A review of the Minutes of Settlement and the Full and Final Release indicate that the Appellant paid the Plaintiff, Starwood, $800,000 for the following: the return of a $350,000 deposit; a reimbursement to Starwood of legal fees and consulting fees incurred; an assignment of Starwood’s rights, title and interest to Starwood’s rezoning application plans and reports, listed at schedule “A”; Consideration for the discontinuance for this action including all claims and counter claims on a without cost basis; And in consideration of other good and valuable consideration; The settlement terms also states that the agreement covers all know injuries, losses, damages, both known and unknown to the parties. [23] As previously noted, the Appellant argues that Starwood supplied both intangible and tangible property to the Appellant in 2014. ... ITC Regulation 3(a)(iv) and 3(b)(iii) [43] In addition, I am unable to determine the total amount of consideration paid nor the total amount of tax paid by the Appellant for the assignment of Starwood’s intellectual property. ... This was for good reason, as it does not apply. [47] Section 182 levies GST/HST on payment made to a registrant as a consequence of a breach, modification, or cancellation of an agreement (other than as consideration for a supply) deeming it to be a taxable supply. ...
TCC

Légaré v. The Queen, 2019 TCC 106

Duchesneau’s father; n) The appellant did not provide any other consideration for the transfers that Ms.  ... Only transfers from her mother were taken into consideration in making the assessment. [14]   However, Ms.  ... As consideration for this payment to the Canada Revenue Agency, the CRA will release its mortgage number 17497028. ...
TCC

Olde Park Construction Company Limited v. The Queen, 2009 TCC 473

Under it, the p urchasers agreed to purchase a residential property either already constructed or to be constructed for a consideration of $278,150. ... Further, it only applies where part of the consideration is retained pending full and satisfactory performance of the supply, or a part thereof ... In this case, no part of the consideration has been “retained” pending Olde Park’s obligations relating to financing because the consideration would not otherwise be payable ...
TCC

Woodland v. The Queen, 2009 TCC 434

The Appellant submitted that consideration did pass from the Appellant to Mr. ... The Appellant’s argument that adequate consideration was received by Mr. ...   [56]          The phrase “consideration given for the property”, as it is stated in subsection 160(1), was interpreted in Livingston at paragraph 17 to mean “consideration given by the transferee”. ...
TCC

Arain v. The Queen, 2006 TCC 573 (Informal Procedure)

No. 320 at paragraph 18: [14]       In order for subsection 160(1) of the Act to apply, four conditions have to be met.: 1)          there must be a transfer of property; 2)          the transferor and transferee must not have been dealing at arm's length; 3)          there must have been no consideration or inadequate consideration given by the transferee to the transferor; and 4)          the transferor must be liable to pay an amount under the Act in or in respect of the taxation year in which the property was transferred or any preceding taxation year. [15]     From an analysis of the evidence before me it is clear that conditions (1), (2) and (4) have been met. However, Mohammed, the spouse of the Appellant and agent for the Appellant, maintains that section 160 of the Act should not be applied in this situation since the Appellant had given consideration to him when he transferred his interest in the Property to her (see condition (3)). [16]     In support of his argument Mohammed said that the Appellant paid property taxes on the Property and in 2004 the Appellant paid for windows that were installed in the Property. ... I also note that there were no cheques produced to show payments to the Appellant or payments to the City of Winnipegand that the daughter was not called as a witness to support this argument. [19]     I also note that any payments of taxes made by the Appellant with respect to the Property after March 1, 1999 would not constitute any consideration given to Mohammed since he had disposed of his interest in the Property on March 1, 1999. ...
TCC

Leclerc v. The Queen, docket 1999-1418-IT-G

The appellant argued that the property was not acquired for consideration lower than its fair market value. [2]            In assessing the appellant, the Minister assumed the facts set out in subparagraphs (a) to (g) of paragraph 6 of the Reply to the Notice of Appeal. ... Clause 3o-(b) of the contract reads as follows: [TRANSLATION] 3o- In consideration of the future marriage, the future husband makes an irrevocable gift inter vivos, in full and absolute ownership, from the date the marriage is celebrated, to the future wife, who accepts: (a)           ... ... The following is stated under the heading [translation] "Agreements": [TRANSLATION] 4.-             The said "CONSIDERATION" clause in the above-mentioned deed published as number 466,297 neglected to mention that the said gift was made by the party of the first part to the party of the second part, who accepted it, for the following consideration as well: In addition, the said gift is made for and in consideration of the performance of article 3(b) of the parties' marriage contract signed on the thirtieth of September nineteen seventy-five (1975/09/30) before notary Roland HUOT as number 14,801 of his minutes and published at the registry office of the registration division of Chicoutimi on the first of October of the same year (1975/10/01) as number 292,051, which article provides for a gift inter vivos of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00) payable by the party of the first part to the party of the second part. 5.-             ACCORDINGLY, the "CONSIDERATION" clause in the deed of gift entered into by the party of the first part, Yves CRÊTE, in favour of the party of the second part, Carole LECLERC, which was signed before notary Marcel CLAVEAU on the twenty-eighth of January nineteen eighty-seven (1987/01/28) as number 25,495 of his minutes and published in Chicoutimi on the first of September of the same year (1987/09/01) as number 466,297, ought to read as follows: CONSIDERATION (a)            THIS GIFT is therefore made for and in consideration of the undertaking by the donee to assume the full balance of a mortgage that was originally for FORTY-THREE THOUSAND FIVE HUNDRED DOLLARS ($43,500.00) and that is owed to Bernard BOIVIN under the following instrument:... ...
TCC

Miller v. The Queen, docket 2002-488(IT)I (Informal Procedure)

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:   1.00     CONSIDERATION               THE BORROWER promises to pay THE SURETY, in consideration of his suretyship for the LINE OF CREDIT or a part thereof, an annual rate of interest equal to ONE HALF OF ONE PER CENT (0.5 per cent) on the amount of the LINE OF CREDIT guaranteed. ... According to the court, it is not sufficient to make a general allegation that the appellant anticipated some participation in the profits of his son’s business at some unstated time in the future and on that basis to argue that some consideration for the guarantee existed. ... Moreover, when the appellant was called upon by the bank to pay the debt, none of the normal commercial considerations were given by the appellant to collecting the debt. ...
TCC

Calgary Board of Education v. The Queen, 2012 TCC 7

(iv)    Is the Grant consideration paid by the Government of Alberta for a supply?   ... “consideration” includes any amount that is payable for a supply by operation of law;   ... The consequence is that the GST will be payable on the entire consideration paid by the appellants ...

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