Search - consideration

On December 15, 2004, the appellant subscribed to 100 Class B shares of P Pom Inc. for a consideration of $100. 9.    ... Class C capital shares for a consideration of $50. 11.  On January 3, 2005, the appellant and Gaby transferred all the Class F shares they held in Groupe Pomerleau Inc. to P Pom Inc. as consideration for P Pom Inc. ... Therefore, Products having sold its CAHL shares for fair market value consideration, we see nothing abusive about requiring the legal consequences of that sale to be recognized for fiscal purposes and to govern the Canadian income tax consequences, even though the consideration was not paid in cash and the intended result of the transaction was to put in place a Canadian subsidiary with stated capital and paid up capital equal to that consideration. ...

Brière’s consumption or use during the weeks for which he was billed, I am far from convinced that there was a taxable supply for consideration equal to the fair market value of the property. ... Brière did not pay consideration equal to the fair market value. [50]         Since I have concluded that the vehicle was acquired exclusively, or at least primarily, for Mr.  ... Brière for adequate consideration, or was acquired for the purpose of its commercial activities during the period in question, from May 1 to July 31, 2012. ...

Pickard and therefore no consideration was given by Ms. Pickard to Mr. ... Livingston in consideration for the ability to withdraw money, while Ms. ... With respect to the consideration, Justice Sheridan noted that it was difficult to establish whether there was a consideration, since only Ms.  ...

Subsection 6(3) provides as follows: 6(3)      Payments by employer to employee-- An amount received by one person from another           (a)        during a period while the payee was an officer of, or in the employment of, the payer, or; (b)        on account, in lieu of payment or in satisfaction of an obligation arising out of an agreement made by the payer with the payee immediately prior to, during or immediately after a period that the payee was an officer of, or in the employment of, the payer,   shall be deemed, for the purposes of section 5, to be remuneration for the payee's services rendered as an officer or during the period of employment, unless it is established that, irrespective of when the agreement, if any, under which the amount was received was made or the form or legal effect thereof, it cannot reasonably be regarded as having been received   (c)        as consideration or partial consideration for accepting the office or entering into the contract of employment, (d)        as remuneration or partial remuneration for services as an officer or under the contract of employment, or (e)        in consideration or partial consideration for a covenant with reference to what the officer or employee is, or is not, to do before or after the termination of the employment.   ... The sum in question is deemed to be remuneration for services that the payee provided as an officer, unless it is established that, regardless of the date when the agreement was entered into or the legal form or effects of this agreement, it is not reasonable to consider this sum as having been received specifically as consideration for accepting the office or entering into the employment contract ...

Absent other relevant considerations, everyone should be happy with costs simply left to the Tariff. ... These same comments are equally apt and a relevant consideration in this case. [3]   [22]         A related but separate relevant consideration in fixing costs in this case is that the Respondent had, prior to trial, given Mrs. ... This is a consideration in fixing costs similar to those described in Rule 147(2)(g), (h) and (i) ...

  (1.1)          Meaning of “consideration” − In subsections (1.2), (2) and (3), “consideration” does not include nominal consideration.... (2)        Acquisition for purpose of making supplies [limitation on ITCs] − Where a person acquires or imports property or a service or brings it into a participating province for consumption or use in the course of an endeavour of the person, the person shall, for the purposes of this Part, be deemed to have acquired or imported the property or service or brought it into the province, as the case may be, (a) for consumption or use in the course of commercial activities of the person, to the extent that the property or service is acquired, imported or brought into the province by the person for the purpose of making taxable supplies for consideration in the course of that endeavour; and (b) for consumption or use otherwise than in the course of commercial activities of the person, to the extent that the property or service is acquired, imported or brought into the province by the person (i) for the purpose of making supplies in the course of that endeavour that are not taxable supplies made for consideration, or (ii) for a purpose other than the making of supplies in the course of that endeavour. (3)        Use for purpose of making supplies − Where a person consumes or uses property or a service in the course of an endeavour of the person, that consumption or use shall, for the purposes of this Part, be deemed to be (a) in the course of commercial activities of the person, to the extent that the consumption or use is for the purpose of making taxable supplies for consideration in the course of that endeavour; and (b) otherwise than in the course of commercial activities of the person, to the extent that the consumption or use is (i) for the purpose of making supplies in the course of that endeavour that are not taxable supplies made for consideration, or (ii) for a purpose other than the making of supplies in the course of that endeavour.... (5)        Method of determining extent of use, etc. − Subject to section 141.02, the methods used by a person in a fiscal year to determine (a) the extent to which properties or services are acquired, imported or brought into a participating province by the person for the purpose of making taxable supplies for consideration or for other purposes, and (b) the extent to which the consumption or use of properties or services is for the purpose of making taxable supplies for consideration or for other purposes, shall be fair and reasonable and shall be used consistently by the person throughout the year. 169(1) General rule for [input tax] credits – Subject to this Part, where a person acquires or imports property or a service or brings it into a participating province and, during a reporting period of the person during which the person is a registrant, tax in respect of the supply, importation or bringing in becomes payable by the person or is paid by the person without having become payable, the amount determined by the following formula is an input tax credit of the person in respect of the property or service for the period: A × B where A  is the tax in respect of the supply, importation or bringing in, as the case may be, that becomes payable by the person during the reporting period or that is paid by the person during the period without having become payable; and B  is (a) where the tax is deemed under subsection 202(4) to have been paid in respect of the property on the last day of a taxation year of the person, the extent (expressed as a percentage of the total use of the property in the course of commercial activities and businesses of the person during that taxation year) to which the person used the property in the course of commercial activities of the person during that taxation year, (b) where the property or service is acquired, imported or brought into the province, as the case may be, by the person for use in improving capital property of the person, the extent (expressed as a percentage) to which the person was using the capital property in the course of commercial activities of the person immediately after the capital property or a portion thereof was last acquired or imported by the person, and (c) in any other case, the extent (expressed as a percentage) to which the person acquired or imported the property or service or brought it into the participating province, as the case may be, for consumption, use or supply in the course of commercial activities of the person.... (4) Required documentation – A registrant may not claim an input tax credit for a reporting period unless, before filing the return in which the credit is claimed, (a) the registrant has obtained sufficient evidence in such form containing such information as will enable the amount of the input tax credit to be determined, including any such information as may be prescribed; and (b) where the credit is in respect of property or a service supplied to the registrant in circumstances in which the registrant is required to report the tax payable in respect of the supply in a return filed with the Minister under this Part, the registrant has so reported the tax in a return filed under this Part. 170(2) Further restriction [— must be reasonable] − In determining an input tax credit of a registrant, no amount shall be included in respect of the tax payable by the registrant in respect of property or a service acquired, imported or brought into a participating province by the registrant, except to the extent that (a) the consumption or use of property or services of such quality, nature or cost is reasonable in the circumstances, having regard to the nature of the commercial activities of the registrant; and (b) the amount is calculated on consideration for the property or service or on a value of the property that is reasonable in the circumstances. ...

The only consideration that Kathryn Marino gave for the shares was time spent with the Company. ... Further, with respect to the matter of consideration, even if there were no asset in the company the husband taxpayer received the total value of the company’s interest and therefore that was his consideration. ... Consideration [65] The Court is satisfied that it must reject the argument of counsel for the Appellant that there was a consideration passing from the Appellant because he owed a duty to the company even if there was an appropriation by Mr. ...

The GST was not included in the consideration paid to the Appellant by the purchasers, and the penalty was properly imposed.   ... Subsection 153(2) reads:   Combined consideration-- For the purposes of this Part, where (a) consideration is paid for a supply and other consideration is paid for one or more other supplies or matters, and (b) the consideration for one of the supplies or matters exceeds the consideration that would be reasonable if the other supply were not made or the other matter were not provided, the consideration for each of the supplies and matters shall be deemed to be that part of the total of all amounts, each of which is consideration for one of those supplies or matters, that may reasonably be attributed to each of those supplies and matters ...     [85]          With respect to any apportionment of the consideration, counsel said that the evidence showed that the services provided to the purchasers far exceeded 5% of the overall services provided by Artistic ...

[OFFICIAL ENGLISH TRANSLATION] ORDER AND REASONS FOR ORDER Jorré D.J. [1] The respondent filed an application for an order of the Court granting the respondent leave to file her reply to the notice of appeal despite the expiration of the period for doing so. [2] The respondent requested that the application be disposed of upon consideration of written submissions, and the appellants also filed written submissions. [3] The appellants object to the application. [4] The essential facts are as follows: The deadline for filing the reply was April 16, 2021; Counsel for the respondent completed the reply on April 8, 2021; The reply to the notice of appeal was served on the appellants on April 12, 2021; Counsel for the appellant gave instructions for the reply to be filed with the court registry by April 16, 2021, but despite those instructions, a misunderstanding resulted in the notice of appeal not being filed until April 21, 2021; A letter was sent to the appellants on April 23, 2021, requesting their consent to the late filing of the notice of appeal; The appellants did not consent to the late filing; and On April 27, 2021, the respondent filed a notice of application for an extension of time to file the reply. [5] This Court may allow the filing of a reply before or after the normal period for filing a reply to the notice of appeal: see section 18.16 of the Tax Court of Canada Act. [6] The appellants object on three grounds. ... The overriding consideration is that the interests of justice be served.... ... Janine Anderson, Jurilinguist CITATION: 2021 TCC 55 COURT FILE NO.: 2021-255(GST)I STYLE OF CAUSE: CHRISTIANE JOBIN AND ROGER COUTURE AND THE QUEEN HEARING: In writing WRITTEN SUBMISSIONS: Filed on April 27 [2] and May 17, 2021 FILE RECEIVED BY DUTY JUDGE: On or shortly after August 16, 2021 REASONS FOR ORDER BY: The Honourable Deputy Judge Gaston Jorré   DATE OF ORDER: August 25, 2021 APPEARANCES: For the appellants: The appellants themselves Counsel for the respondent: Roger Breton COUNSEL OF RECORD: For the appellants: Name: N/A For the respondent: François Daigle Deputy Attorney General of Canada Ottawa, Canada   [1] These considerations must be applied with due regard to who is applying for an extension of time and the context. ...

Did the appellants provide consideration for the payment of the dividends? ... The shareholder gives consideration for the shares and not for what the shares may bring. ... A shareholder receives a dividend solely because the right to a dividend is an attribute of owning shares. [49]     Even assuming it is possible to provide consideration for the payment of a dividend, there is no evidence of such consideration in the instant case. ...