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.- Other Consideration If the CRA could accept Amalco's adjustment request, the CRA could not refund to Amalco its overpayment for the year XXXXXXXXXX because of paragraph 164(1)(b). ...

Carruthers A/Large File Case Manager (613) 670-9000 2015-057429 Payment in consideration for the termination of XXXXXXXXXX We are writing in response to your email dated XXXXXXXXXX which was forwarded to us by the Large Business Audit Division of the International and Large Business Directorate (ILBD) of the Compliance Programs Branch (CPB). ... Conclusion Based on our understanding of the relevant circumstances as described above, in our view, the Early Termination Payment will be made by Canco to Forco as consideration for the termination of the XXXXXXXXXX under which rent would have been payable for the use of the Canadian XXXXXXXXXX Property. ... In that case, the Court dismissed the taxpayer's appeal from an assessment made under Part XIII of the Act where the tax had been assessed on a payment made as consideration for the anticipatory breach of an agreement under which rent would have been payable for the use in Canada of an offshore drilling rig. ...

The taxpayer disposed of the ECP in XXXXXXXXXX to a non-arm's-length non-resident sister company ("SisterCo") in consideration for a promissory note. 4. ... Analysis Whether the proposed adjustment has to be made pursuant to subsection 247(2) The Law: Paragraph 69(1)(b) reads as follows: 69(1) Inadequate considerations- Except as expressly otherwise provided in this Act […] b) where a taxpayer has disposed of anything (i) to a person with whom the taxpayer was not dealing at arm's-length for no proceeds or for proceeds less than the fair market value thereof at the time the taxpayer so disposed of it […] the taxpayer shall be deemed to have received proceeds of disposition thereof equal to that fair market value; [Our italics] Subsection 247(2) reads as follows: 247(2) Transfer pricing adjustment – Where a taxpayer and a non-resident person with whom the taxpayer does not deal at arm's-length are participants in a transaction, and a) the terms and conditions made or imposed in respect of the transaction between any of the participants differ from those that would have been made between persons dealing at arm's-length, or […] any amounts that, but for this section and section 245, would be determined for the purposes of the Act in respect of the taxpayer shall be adjusted to the quantum that would have been determined if c) where only paragraph (a) applies, the terms and conditions made or imposed in respect of the transaction between the participants in the transaction had been those that would have been made between persons dealing at arm's-length [Our italics] Subsection 247(8) reads as follows: 247(8) Provisions not applicable – Where subsection (2) would, if this Act were read without reference to sections 67 and 68 and subsections 69(1) and (1.2), apply to adjust an amount under this Act, sections 67 and 68 and subsections 69(1) and (1.2) shall not apply to determine the amount if subsection (2) is applied to adjust the amount. ...

The House of Lords determined that, while the $25,000.00 was an expense paid by the taxpayer in carrying on its business, the $25,000.00 was not part of the consideration paid for acquiring the cotton, but a payment made pursuant to a contract between the taxpayer and the Controller. ... First, "cost" is the price or the consideration or the laid out invoice cost, plus or minus any adjustments to the cost. ... Although there is very little consideration of this question in the jurisprudence, the issue was noted in The Meaning of Cost in Canadian Income Tax, by D. ...

MNR [1988] 1 CTC 2422 at 2424]: An agreement between a company and its shareholders is not formed by a mere fleeting thought in the mind of the individual who controls it. 24(1)     21(1)(b) Evidentiary Considerations 24(1) 24(1)          21(1)(b) If you have any questions in respect of this matter, we should be please to discuss them with you. for DirectorReorganizations and Non-Resident DivisionRulings DirectorateLegislative and Intergovernmental Affairs Branch ...

Autre considération Considérant les faits soumis, nous sommes d’avis que l’alinéa 42(1)b) pourrait, sous réserve de certaines conditions, être considéré. ...

Our understanding of the major components of the arrangements under consideration is as follows: 1. ... Where consideration is given for a share purchase warrant that constitutes a FTS, we have generally accepted that renunciations may be made by a PBC to the person who gave the consideration for, and acquired, the warrant up to the amount of such consideration. ... Therefore, where the terms of the warrant require additional consideration to be paid upon the exercise thereof to acquire actual shares of the PBC, it is also our position that renunciations in respect of qualifying expenses may potentially be made by a PBC up to the amount of such consideration (with the "24 month" period, in which the PBC is to incur the qualifying expenses in relation to the consideration given for the shares, generally not viewed as commencing until the warrant is exercised). ...

Where the purchaser assumes contingent liabilities, e.g., warranty reserves, as consideration for assets (i.e., the amount of other consideration is less than what would otherwise have been received by the vendors had the contingent liabilities not been assumed by the purchaser), we believe that the following results arise:? ... In a situation where the contingent liabilities are assumed as part of an ongoing business, e.g., unidentified future severance payments, and not as consideration for any of the assets (i.e., the amount of other consideration received by the vendor is not affected by the assumption), we believe the following results arise:? ... Our response to this question was that the issue was under consideration. ...

A promise is enforceable if it is made for consideration. Since a donor cannot receive consideration for a gift, it is not possible for a person to make a gift by issuing a gift certificate directly to a charity. ... In order for a promise to be enforceable, there must be consideration. ... If the charity should transfer the gift certificate to a third person for consideration, the issuer of the gift certificate may, at that point, become "estopped" from refusing to honor the gift certificate for lack of consideration. ...

In such cases, in lieu of such fractional shares, a vendor will be entitled to receive cash or other non-share consideration from the purchaser corporation. ... Pursuant to paragraph 85.1(6)(c), subsection 85.1(5) does not apply where the vendor receives consideration that is other than shares in the foreign purchaser for the exchanged shares. ... Where the amount of cash or the value of any non-share consideration received by the vendor exceeds $200, the vendor must report any gain or loss, as the case may be, from the disposition of the fractional shares. ...