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Results 12871 - 12880 of 28852 for consideration
EC decision
Minister of National Revenue,. v. Russel E. Gibson, [1957] CTC 166, 57 DTC 1119
The respondent, however, considered that it was taxable income and took it into consideration when reassessing him for that year, adding an additional sum (the amount of which is not now in dispute) to his taxable income. ... But if instead of dealing with his property as owner he embarks on a trade in which he uses that property for the purposes of his trade, then he becomes liable to pay, not on the excess of sale prices over purchase prices, but on the annual profits or gains arising from such trade, in ascertaining which those prices will no doubt come into consideration.” ...
EC decision
Minister of National Revenue v. 79 Wellington West, Limited, [1953] CTC 227, 53 DTC 1149
., Toronto; on June 6th of the same year the respondent company was incorporated and on the same date the brothers sold the property to it for a consideration greatly in excess of what they had paid for it. It is admitted that immediately upon incorporation and at all times thereafter relevant to this appeal, the said brothers were the controlling shareholders of the respondent company, practically all its shares having been issued to them as part consideration for the transfer of the said lands and premises. ...
PC decision
Attorney-General for Saskatchewan v. Canadian Pacific Railway Company, [1953] CTC 281
These questions involved consideration of the interpretation of clause 16 of a contract executed on October 21, 1880, between the Canadian Government and contractors who were to constitute the Canadian Pacific Railway Co. ... These considerations support the conclusion of the Supreme Court in the Alberta Reference ([19271 2 D.L.R. 993), and their Lordships are not prepared to differ from it. ...
EC decision
St. Catharines Flying Training School, Limited v. Minister of National Revenue, [1953] CTC 362, 53 DTC 1232
When war broke out in 1939 some of the flying clubs in Canada were doing pilot training for the Royal Canadian Air Force and when the British Commonwealth Air Training Plan was under consideration the Canadian Flying Clubs Association, of which Mr. ... My first inclination was towards the view that the appellant was not organized and operated solely for non-profitable purposes and, therefore, not entitled to the benefit of the exemption conferred by the section but on further consideration I have reached a different conclusion. ...
EC decision
Joseph Harold Wilson v. Minister of National Revenue, [1953] CTC 462, 53 DTC 1242
This Court, however, cannot be influenced by such considerations, being concerned only with the interpretation and application of the law as it stands.’ ... Part of the consideration, therefore, was the monthly sums to be paid his mother and the taxes and other charges on the two residences. ...
TCC
Robb v. The King, 2023 TCC 81 (Informal Procedure)
For the purposes of this appeal, I would paraphrase them as follows: the builder makes a taxable supply by selling a single unit residential complex or a residential condominium unit to the individual; at the time the parties enter into the purchase/sale agreement, the individual is acquiring the complex/unit for use as the primary residence of the individual or their relation; the total consideration is less than $450,000; the individual has paid the GST/HST on the purchase; ownership of the complex/unit is transferred to the individual after construction is substantially completed; during the period between substantial completion of construction and possession under the purchase/sale agreement, i. with respect to a single unit residential complex – no one occupied it; and with respect to a residential condominium unit – only a purchaser under the purchase/sale agreement occupied it; after substantial completion of construction, the first person to occupy the complex/unit is the individual or their relation ... [3] In Ontario, there is still a new housing rebate available where the total consideration exceeds $450,000, due to the combined effect of subsection 256.21(1) of the Act and subsection 41(2) of the New Harmonized Value-Added Tax System Regulations, No. 2. [1] The rebate is limited to a maximum of $24,000 and the individual must still meet the remaining prerequisites in subsection 254(2). [2] [4] For the purposes of the rebate, a “relation” means an individual who is related to the particular individual, or the former spouse/common-law partner of the particular individual. [3] Related persons by reason of subsections 251(2) to (6) of the Income Tax Act are also related for the purposes of the Excise Tax Act. ...
FCTD
Az-Zahraa Housing Society v. Canada (National Revenue), 2023 FC 842
Fettering of Discretion [20] The principle that administrative decision-makers must not fetter the exercise of discretionary powers by strictly following administrative guidelines was explained by the Supreme Court of Canada in Maple Lodge Farms Ltd v Government of Canada, [1982] 2 S.C.R. 2 at 7: The Minister may validly and properly indicate the kind of considerations by which he will be guided as a general rule in the exercise of his discretion... but he cannot fetter his discretion by treating the guidelines as binding upon him and excluding other valid or relevant reasons for the exercise of his discretion... [21] This principle was reiterated in Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61 at paragraph 32, [2015] 3 S.C.R. 909, where the Court mentioned that decision-makers... should not fetter their discretion by treating these informal Guidelines as if they were mandatory requirements... [22] Likewise, in Stemijon Investments Ltd v Canada (Attorney General), 2011 FCA 299 [Stemijon], the Federal Court of Appeal stated, at paragraphs 22 and 24: Decision-makers must follow the law. ... Barnes rejected the applicant’s suggestion that the Minister fettered his discretion, because there was nothing to suggest that the administrative criteria “were elevated to a set of immutable legal principles to the exclusion of other relevant considerations”: Wellesley, at paragraph 24. ...
FCTD
Bélanger v. Canada (National Revenue), 2022 FC 1488
The decision maker states that a general consideration with respect to the public interest is [translation] “maintaining the integrity of the objection and appeal processes provided for in the ITA, the nature of self-assessment in Canada’s tax system, the responsibility of taxpayers to understand and meet their tax obligations, and fairness to other Canadians” (Decision at 2 of 5). ... It seems to me that these considerations could be somewhat contradictory, since a person trying to find out the reason for an assessment should know that there is an amount owing. ...
FCTD
Labrosse v. Canada (Attorney General), 2022 FC 1792
Labrosse’s gross income, which was higher in 2020 than it was in 2019, without explaining how consideration of her gross income was relevant, while the applicable legislation clearly stipulates that it is net income that must be considered at this stage. [23] It is true that the Officer states that the net income reported by Ms. ... In the circumstances, the Officer appears to believe that the consideration of gross income is to Ms. ...
TCC
SiGMA-Tex Inc. v. M.N.R., 2023 TCC 175
The Appellant was interested in assisting RCM in this effort. [8] The agreement between the Appellant and RCM was an oral agreement to the following effect: RCM would pay the Appellant 4% of each engineer’s compensation in consideration for the Appellant suggesting and interviewing potential candidates; the Appellant drafting an agreement between the engineers and RCM; and the Appellant invoicing and facilitating payment from RCM to each engineer. [9] The last two activities were ancillary to the first. [10] The Appellant sourced the engineers from various places, including social events and a website on which engineering jobs were posted. ... The Appellant entered into agreements with the five engineers under which the Appellant placed them with RCM for a specific period of time in consideration for the payment of 4% of the amount of each contract. [18] Our facts are unlike those in Supreme Tractor Services. ...