Search - consideration

The determination of whether a permanent establishment exists generally involves an examination of specific facts and circumstances, and can only be made upon close consideration of an actual situation. ...

In order to have a "readily obtainable fair market value", the interests that are not listed on a stock exchange must have, throughout the holding period, conditions attached that require the non-resident entity to accept the surrender in consideration of a price determined and payable in accordance with the conditions. ...

The New Cansub Preferreds that will be issued, as described in paragraphs 84-85, above, will not be, at any time during the implementation of the Proposed Transactions described herein, (a) the subject of a "dividend rental arrangement" as defined in subsection 248(1); (b) the subject of any secured undertaking of the type described in paragraph 112(2.4)(a); or (c) issued for consideration that is or includes: i. an obligation of the type described in subparagraph 112(2.4)(b)(i), other than an obligation of a corporation that is related (otherwise than by reason of a right referred to in paragraph 251(5)(b)); or ii. any right of the type described in subparagraph 112(2.4)(b)(ii). ...

Raisons: The recipient of the dividend in kind will not be considered to have given consideration for the interest. ...

" Cependant, dans l'interprétation technique portant le numéro 2007-0228831E5, l'ARC arrive à la conclusion que la pénalité au rachat avant échéance d'une obligation serait plutôt prise en considération dans le calcul du gain ou de la perte en capital sur l'obligation sans égard au revenu déjà déclaré sur l'obligation, et ce, même si la pénalité est calculée sur la base d'un ajustement proportionnel au calcul des intérêts. ...

The CBA entitles the bank to establish separate "transfer accounts" on behalf of the taxpayer and each participant in consideration of their respective operating accounts with the bank. ...

Such a determination will require full consideration of the unique facts in a given situation. ...

CRA's view is now that subsection 75(2) of the ITA should not apply when a trust subscribes to shares of a corporation for consideration equal to their fair market value, notwithstanding the fact that the corporation whose shares were issued is a beneficiary or may become a beneficiary of the trust. ...

In this regard, consideration would also be given to the amount of support provided by the Taxpayer. ...

USCo will sell of all its shares of Canco to Foreignco for cash consideration equal to their fair market value. ...