Search - consideration

., professional fees and web design), and after having noted at (para. 52) that credits would have been available if there instead were only an undertaking for the future making of taxable supplies, Warren J stated (at para. 124): Noreseman needs to establish that, when it incurred input tax in the relevant period, it had either already made supplies for a consideration (the first question) or that it had the intention of making at some time in the future supplies for a consideration (the second question). ... He added (at para. 126) that “if the intention had been to charge a nominal amount of, say £100 per annum, that would be unlikely to satisfy the EU law necessary to establish consideration.” ...

., [2016] BVC 19 (ECJ (8th Chamber))-- summary under Supply Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Supply additional “booking” charges by a service provider to those paying by credit card were not consideration for a separate supply NEC sold tickets on behalf of third parties to various trade, sporting and concert events held by them at the National Exhibition Centre. ... Before answering this question, the Court questioned the implicit assumption in the question that the NEC booking fees were consideration for a separate supply, stating (at paras. 18, 23): The Court, however, has already held that the additional charges invoiced by a service provider to its customers, where the latter pay for those services by credit card, debit card, cheque or cash over the counter at a bank or authorised payment agent acting on behalf of that service provider, do not constitute consideration for a supply of services distinct and independent from the principal supply of services in respect of which that payment was made (see… Everything Everywhere... ...

Agence du revenu du Québec, 2020 QCCQ 281-- summary under Subsection 254(6) Summary Under Tax Topics- Excise Tax Act- Section 254- Subsection 254(6) builder "ought to know" of rebate ineligibility based on CRA/ARQ Bulletins The Quebec new housing rebate is essentially the same as the ETA equivalent, except that entitlement to it is lost at a lower dollar level of total consideration for the “residential complex” that is purchased. Croteau, J.C.Q. found that the consideration paid by purchasers for new condo units in a complex also included the $25,000 they paid for an underground parking spot. ... Accordingly, for 93 of the purchases, the total consideration exceeded the dollar threshold, after taking the extra $25,000 into account. ...

Leslie, 75 DTC 5086, [1975] CTC 155 (FCTD)-- summary under Subsection 85(1) Summary Under Tax Topics- Income Tax Act- Section 85- Subsection 85(1) On the incorporation of a business the agreement purported to transfer net assets having a value of $5,078 and goodwill having a value of $20,222 in consideration of the issuance of $10,000 of treasury shares and a promissory note in the principal amount of $15,300. ... It was held that there was some consideration for the promissory note since the promissory note was not expressed in the agreement to be given for any part of the goodwill but merely for part of the balance of the purchase price of all the assets sold. ...

Robson (1942), 15 TC 33 HL-- summary under Paragraph 6(3)(e) Summary Under Tax Topics- Income Tax Act- Section 6- Subsection 6(3)- Paragraph 6(3)(e) In finding that a lump sum of £7,000 paid to the taxpayer in consideration for his agreeing, in his contract of employment, to a restrictive covenant, was not taxable as a "profit from the office" of director and manager, Viscount Simon L.C. stated (at p. 41): "The sum of £7,000 is not paid for anything done in performing the services in respect of which Mr. ... The consideration which he has to give under the covenant is to be given not during the period of his employment, but after his termination. ...

Treaty where the recipient never had any interest in the oil field A Canadian corporation (“Sulpetro”), which had rights to direct and receive the proceeds from a licence its U.K. subsidiary (“SUKL”) held in an offshore U.K. oil and gas field (the “Buchan field”), sold its rights (along with a sale for nominal consideration of its shares of SUKL) in December 1986 to a U.K. purchaser (“BP”) for consideration that included a royalty that became payable, based on production from the field, when the market price of oil (less certain expenses) exceeded US$20 per barrel. ... Treaty to impose tax on the royalty payments received by RBC and, in particular, whether they fell within the portion of the definition of “immovable property” in Art. 6(2) (the “fifth limb”) that referred to "rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources". ... She went on to agree with RBC’s further alternate ground of appeal that since it was SUKL, and not Supeltro, that in fact held the licence from the U.K. to exploit the Buchan field, it was Sulpetro rather than SUKL that had the right to extract oil, i.e., the royalty payments could not be consideration for a "right to work" within the fifth limb because Sulpetro never held that right. ...

The consideration which Boots received for those goods did not include the value of such coupons which were presented to it: "It is clear from the coupon's legal and economic characteristics... that, although a 'nominal value' is indicated on it, the coupon is not obtained by the purchaser for consideration and is nothing other than a document incorporating the obligation assumed by Boots to allow to the bearer of the coupon, in exchange for it, a reduction at the time of purchase of redemption goods. ...

The taxpayer unsuccessfully submitted that the old age security payments qualified as a "pension" for purposes of the Canada-Ireland Treaty (which define pensions as "periodic payments made in consideration of past services") because those payments were granted in consideration of twenty years of residence in Canada during which he rendered a contribution to the Canadian economy. ...

Expense- Shareholder Assistance The taxpayer paid a fee to a financial advisor, calculated as 0.7% of the market value of its equity and of the amount of its long-term debt net of working capital, in consideration for advice provided in connection with considering alternatives to maximize shareholders' value, with an emphasis on merger possibilities. The transaction ultimately implemented entailed the taxpayer's shareholders selling their shares, pursuant to a plan of arrangement, to another publicly-traded oil and gas company in consideration for treasury shares of that purchaser. ...

.)-- summary under Paragraph 6(1)(a) Summary Under Tax Topics- Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) A lump sum which an employee of a company received from the Department of Economic Development in consideration for giving up his rights under a redundancy scheme was found not to be "benefits and facilities of whatsoever nature" provided to him "by reason of his employment" for purposes of s. 154 of the Income and Corporation Taxes Act 1988. ... In addition, there was no benefit because "the money received was paid to him, by way of fair valuation, in consideration of his surrender of a right to receive a larger sum in the event of the contingency of redundancy occurring" (p. 406). ...