Search - consideration

The Queen, 2004 DTC 3310, 2004 TCC 617 (Informal Procedure)-- summary under Paragraph 18(1)(h) Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(h) The theory that where one lives is a matter of personal choice and, therefore, the cost of getting to work is to a large degree affected by personal considerations was found by Woods J. not to apply where, as here, the taxpayer was commuting to temporary work assignments. ...

The Queen, 95 DTC 200, [1994] 2 CTC 2450 (TCC), briefly aff'd 96 DTC 6085 (FCA)-- summary under Subsection 162(2) Summary Under Tax Topics- Income Tax Act- Section 162- Subsection 162(2) The taxpayer was found to have committed "gross negligence" (which Bowman TCJ. stated (at p. 205) "implies conduct characterized by so high a degree of negligence that it borders on recklessness"), or to have knowingly made a false statement, when it deducted "management fees" in its tax returns pursuant to a consulting agreement whose legal substance was the provision of consideration for the purchase by the taxpayer of goodwill. ...

Among other things, none of the stipulated consideration was ever paid by the holding company and the directors of READ did not approve the transfer as required by the articles. ...

Among other things, none of the stipulated consideration was ever paid by the holding company and the directors of READ did not approve the transfer as required by the articles. ...

Canada, 2012 SCC 14-- summary under Subsection 75(2) Summary Under Tax Topics- Income Tax Act- Section 75- Subsection 75(2) In the course of the reorganization of the share structure of a Canadian holding company ("PMPL") for a Canadian automotive business, two newly established Barbados trusts for the two principals ("Dunin" and "Garron") of PMPL and/or family members subscribed for shares of newly-incorporated Canadian corporations ("325" and "333") which, in turn, subscribed for common shares of PMPL for nominal consideration. ...

The latter three payments were found to be instalments of a capital sum rather than periodic maintenance because the obligation to make them survived the parties and in light of a clause in the agreement which was interpreted as an acknowledgment that the payments were capital payments made in consideration of the renunciation of rights. ...

It was held that s. 6(3)(e) did not apply because at the time of entering into the second contract the hospital already owed him (and admitted owing him) $30,000, and the $30,000 accordingly should not be regarded as consideration for his covenant. ...

Accordingly, she affirmed the Minister's assessment, which was made on the basis that the provision by Marriott of franchise rights was an "imported taxable supply" under s. 217, for which the registrant was liable to pay GST on the consideration paid on the basis that 30% of the franchise fees was not eligible for an input tax credit. ...

After finding that these amounts were part of the taxable consideration for such home sales, Woods J. indicated in obiter dicta that s. 154(1) should not apply because the development levies were regulatory charges, and a regulatory charge is not a tax (see Westbank, [1999] 3 S.C.R. 134). ...

" After finding that there in fact was only one supply involved (of delivered bulbs) Lord Slynn went on to find that, even if there were two supplies, the portion of the money received by the taxpayer for postage constituted part of the consideration received by it for the supply of the bulbs. ...