Search - consideration

  [14]          Subsection 141.01(5) of the ETA states that:   (5) The methods used by a person in a fiscal year to determine         (5) Seules des méthodes justes et raisonnables et suivies tout au long d’un exercice peuvent être employées par une personne au cours de l’exercice pour déterminer la mesure dans laquelle :   (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   a) la personne acquiert, importe ou transfère dans une province participante des biens ou des services afin d’effectuer une fourniture taxable pour une contrepartie ou à d’autres fins;   (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,   b) des biens ou des services sont consommés ou utilisés en vue de la réalisation d’une fourniture taxable pour une contrepartie ou à d’autres fins. shall be fair and reasonable and shall be used consistently by the person throughout the year ... In making its choice, the registrant will normally take into consideration alternative allocation methods based on their practicality, risk and ability to maximize claimable ITCs. ... He wrote:   While it is well established that "error" within Regulation 64 has to be accorded a wide meaning, the question remains for consideration whether the trustees in making returns using the income‑based method of apportionment made any error. ...

Although we consider the site of sale No. 10 of higher quality than that of the property under consideration, we believe that other factors are of higher quality in the property under consideration, for example: the apparent age (a construction date of 1967 compared with a construction date of 1986); the average height of the walls (+ 4.9 metres compared with + 7.3 metres), which offers better storage possibilities; and the general condition of the building sold, which is of lower quality than the general condition of the property being considered. ... We consider that there is no need to index operating expenses since these expenses are reimbursed by the tenants. [39]     On the basis of these considerations, the expert for the respondent made a valuation of $3,859,000 using the income method. ... In these circumstances, unless privileged information is obtained and because these agreements often involve political considerations, the investor will act in a rational and prudent manner in assuming any eventuality. ...

") being all the shares owned by them in the Company, in consideration of the payment to L.S. at closing by certified cheque of the sum of One Hundred and Twenty Thousand Dollars ($120,000 Cdn) less, if any, sums withdrawn by L.S. and/or S.S. from the Company over and above their regular payroll salaries during 1985. 2.                     ... Company shall transfer to L.S. for no consideration at closing the 1983 Oldsmobile 98 Regency vehicle he presently drives, the balance of payment therefor to GMAC to be assumed by L.S. to the exoneration of the Company. 2.                     ... The wording of this paragraph alone is explicit enough to demonstrate that the $90,000 yearly payment was not in consideration of the sale of the shares. [39]     Secondly, Allan Sheff had determined an approximate value of $646,000 for the entire business. ...

The Minister submits that Abida was not dealing with Samrat at arm’s length and that she received this money without consideration. ... Therefore, article 1557 of the CCQ does not apply in this case. [50]         I am of the view that the transfers totalling $110,000 that were made by Samrat directly to Abida were made without consideration. ... (b)              I am of the view that the transfers totaling $110,000 that were made by Samrat directly to Abida were done without consideration. ...

The provisions of s.69 of the Excise Tax Act [2]      To arrive at the proper interpretation of the phrase under consideration, it is necessary to consider, together, all ten subsections of s.69. ...                                (3) In light of these additional considerations, the court may adopt an interpretation in which the ordinary meaning is modified or rejected. ... As defined here, the ordinary meaning is not the post-interpretive meaning, the meaning that is accepted after adjusting for all relevant considerations. ...

      [10]                   A useful starting point is a consideration of the qualifications imposed by the Act.  ... It involves legal considerations with respect to the interpretation of subsections 227.1(1) and (3) of the Income Tax Act (Act) and the application of the defense of due care and diligence.       ...   [38]       Again, this is, in my view, an improper consideration to take into account in assessing the degree of care and diligence exercised by the directors.  ...

In concluding that the circumstances of the case did not support an inference that the possibility of resale was a motivating consideration in the decision of both the taxpayer and his partners to proceed with the construction of the building, the Chief Justice opined that there was nothing in the evidence, prior to the decision to proceed with the project, which suggested that the partners had ever given “any consideration … to anything other than ownership” (para. 9 of the Reasons) ... First, the fact that the taxpayer had in mind, as a consideration in making the purchase, the prospect of inflation in land values was not “evidence of a purchase for re-sale amounting to the launching of an adventure or concern in the nature of trade”. ... First, the boundary between income and capital gains cannot easily be drawn and, as a consequence, consideration of various factors, including the taxpayer’s intent at the time of acquiring the property at issue, becomes necessary for a proper determination. ...

Unless otherwise indicated, all statutory references in these reasons are to the corresponding provisions of the ITA for the taxation year under consideration. ... Tolhoek for consideration that included the assumption by Mr. Tolhoek of a portion of an indebtedness of the Limited Partnership (the “Assumed Indebtedness”). ... Accordingly, a detailed consideration of the facts is warranted.   [9]                Mr. ...

[58]            These three issues must be broken out and considered separately because different considerations apply to each. ... Indeed, sometimes the countervailing considerations are so weighty that the power to reassign cannot be exercised. [90]            The precise circumstances matter. ... The jurisprudence in this area is best worked out in response to particular situations. [100]        Depending on the circumstances, a Chief Justice might consider disclosing to the parties the problem affecting the judge, review with the parties the considerations for and against reassignment, canvass whether there are any further considerations that bear upon the issue, and then invite submissions on whether reassignment should take place. ...

He chose a structure that involved family trusts and a limited partnership, not a structure involving a general partnership. [90]         Immediately after the Limited Partnership was formed, it sold, pursuant to the terms of the Subscription Agreement, the Purchased Assets to Devonian for a consideration of $675,000. I have previously discussed the relevant clauses of the Subscription agreement, particularly Sections 2.1, 2.2, 2.3 and 6.2. [91]         Pursuant to Sections 2.1 and 6.1 of the Subscription Agreement, Devonian in effect agrees to pay for the Purchased Assets a consideration of $675,000 in the form of the 999 Devonian Shares. ... My finding is consistent with the Limited Partnership’s 2008 income tax information return, which states at page 15 that the Limited Partnership acquired the Potash exploration permits, which would include the Purchased Applications, on December 7, 2007. [101]    I was provided with very little evidence with respect to this sale. [102]    The Appellant’s counsel argued, at paragraph 30 of his Trial Brief, that on December 7, 2007 the Limited Partnership gave consideration to Kinderock for the Purchased Applications by agreeing to reimburse Kinderock for all costs incurred in connection with the permit applications. ...