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Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle du ministère. 1994 Canadian Tax Conference Interest-Bearing Note Issued in Consideration For the Redemption or Repurchase of Shares In certain circumstances, corporations may purchase their issued shares for cancellation or redeem their shares and issue as consideration therefor an interest-bearing note. ... It is the Department's view that the interest payable on a promissory note issued as consideration for the redemption or purchase for cancellation of a corporation's capital stock is not deductible under paragraph 20(1)(c). ...

The primary consideration in those interpretations was the connection to a legal or contractual obligation to pay an amount, as interpreted by the court in Redclay Holdings Ltd v The Queen, 96 DTC 1207 (General Procedure). ... Rather, the wording of the legislation is such that the tax is likely determined pursuant to a specific calculation which gives consideration to the value of the trade-in. For GST/HST purposes, under paragraph 153(4)(c) of the Excise Tax Act (“ETA”), if a purchaser is not required to collect tax in respect of the trade-in, the value of the consideration for the automobile is deemed to be equal to the amount, if any, by which the value of the consideration for that automobile exceeds the amount credited to the purchaser in respect of the trade-in. ...

Position: To the extent the fee represents consideration for items described within subparagraphs 212(1)(d)(i),(ii) and (iv), and does not represent consideration for copyright in subparagraph 212(1)(d)(vi) the fee will, subject to the U.S Treaty, be subject to withholding. ... Our Comments At the outset, we believe the application of paragraph 212(1)(d) of the Act in these circumstances depends on whether the PLF is characterized as consideration for the Procurement Rights or as additional consideration for the Franchise Rights. ... In our view, those obligations are consideration for the grant and the continued use of the Franchise Rights. ...

Subsection 168(1) required the company to pay the GST on the earlier of the day that the consideration for the supply was paid, and the day that the consideration for the supply becomes due. Subsection 152(1) deems consideration for a taxable supply to become due on the earliest of three events. In the instant case, the provisions of paragraph 152(1)(a) apply to the extent of the earlier of the day that the supplier first issued an invoice in respect of the supply for that consideration or part and the date of that invoice. ...

Under the terms of the PNG Lease, for the consideration specified therein the lessor has, inter alia, granted and leased exclusively unto the lessee all the leased substances, subject to the royalties reserved, as well as additional rights including "XXXXXXXXXX". ... All consideration for entering into the PNG Lease was payable to the lessor within XXXXXXXXXX days of the date thereof. ... As the property that is the subject of the PNG Lease is described as "all mines and minerals" in the subject land and the lessor has specifically granted to the lessee "the exclusive right and privilege to explore for, drill for,... leased substances" which is defined to include "all petroleum, natural gas and related hydrocarbons", we believe that the consideration received by the lessor for entering into the PNG Lease (i.e. the bonus and lump sum rental payments) represent amounts received by the lessor in respect of the disposition of a Canadian resource property. ...

Reasons FOR POSITION TAKEN: The donation would not be without consideration, since the taxpayers would receive a XXXXXXXXXX in exchange for their donation. ... As indicated in paragraph 3 of Interpretation Bulletin IT-110R2, a gift is a voluntary transfer of property without valuable consideration. ... However, the third condition would not be met as the donation would not be without consideration, since the taxpayers would receive a XXXXXXXXXX in exchange for their donation. ...

Both XXXXXXXXXX and XXXXXXXXXX agreed that XXXXXXXXXX's issuance of XXXXXXXXXX and XXXXXXXXXX common shares to XXXXXXXXXX in consideration for the XXXXXXXXXX Note and the XXXXXXXXXX Note would satisfy in full its obligations under such debt obligations 19. ... In consideration for the XXXXXXXXXX FPA and the XXXXXXXXXX FPA, XXXXXXXXXX issued XXXXXXXXXX common shares to XXXXXXXXXX having a paid-up capital ("PUC") and a purported FMV equal to C$XXXXXXXXXX. 22. ... In a letter dated XXXXXXXXXX, the Representative enclosed revised PUC calculations for XXXXXXXXXX as of XXXXXXXXXX which reflected a XXXXXXXXXX value for the PUC of the common shares issued in consideration for the XXXXXXXXXX FPA and the XXXXXXXXXX FPA. ...

28 May 1991 Internal T.I. 91M05087 F- Paid-up Capital of Shares Owned by Non-resident Unedited CRA Tags 84.1, 212.1 Q. 26:  Paid-up capital of shares owned by non-resident Section 84.1 permits a transferor to receive, without triggering a  deemed dividend, non-share consideration having a value equal to the greater of the adjusted cost base and the paid-up capital of the shares being transferred.  However, the maximum value of the non-share consideration that a non-resident transferor can receive, without triggering a deemed dividend under section 212.1, is equal to the paid up capital of the transferred shares. ...

7 November 2012 Internal T.I. 2012-0465701I7- Subsection 7(1.7) CRA Tags 110(1)(d) 7(1)(b) 7(1.7) Principal Issues: Will the provisions of subsection 7(1.7) apply where employee's hold stock options, the stock options are not exercisable in accordance with the terms of the stock option agreements and the employer pays the employees cash as consideration for the stock options held, in connection with a corporate reorganization that affects the employer's share structure? ... In general terms, subsection 7(1.7) of the Act provides, inter alia, that when an employee receives an amount because a stock option agreement ceases to be exercisable, the employee will be deemed, for purposes of paragraphs 7(1)(b) and 110(1)(d), to have disposed of rights under the stock option agreement and to have received the amount as consideration for the disposition of the rights. As a result, the employee will be deemed to have received a benefit equal to the value of the consideration received minus any amount paid by the employee to acquire the rights under the stock option agreement, and the employee will be eligible for the paragraph 110(1)(d) deduction, provided the conditions therein are satisfied. ...

As indicated in paragraph 3 of Interpretation Bulletin IT-110R2, a gift is a voluntary transfer of property without valuable consideration. A gift can be said to have been made where all of the following conditions are satisfied: (a)property (usually cash) is transferred by a donor to a registered charity; (b)the transfer is voluntary; and (c)no consideration or benefit accrues to the donor or to anyone designated by the donor as a result of the transfer. ... The first condition is not met as the purported donation is made to retailers of kosher-approved food products which are not registered as charities; the second condition is not met as the purported cash donation is part of the cost of the food products and is not made voluntarily; and the third condition is not met as the purported donation is not without consideration since the taxpayers receive food products in exchange for their donation. ...