Search - consideration

Using the same principle as set out in paragraph 13 of IT-63R5 to the prorating of beginning lumpsum payments to the rest of there term we expect monthly charges to be spread evenly over the term of the lease, however, there is room for case by case consideration. ...

Nous sommes d'accord avec vous que l'application des dispositions de la Loi dans la situation que vous nous présentez semble inéquitable et nous avons soumis cette question au ministère des Finances pour leur considération. ...

The relevant extract of the U.K. income tax legislation is as follows: "In the Corporation Tax Acts, "distribution" in relation to any company means (a)any dividend paid by the company, including a capital dividend; (b)subject to subsections (5) and (6) below, any other distribution out of assets of the company (whether in cash or otherwise) in respect of shares in the company, except so much of the distribution, if any, as represents repayment of capital on the shares or is, when it is made, equal in amount or value to any new consideration received by the company for the distribution;" Accordingly, such distributions will be considered a "dividend" for purposes of Article X of the Convention. ...

.-     Paragraph 26 of Interpretation Bulletin IT-270R2 states that: "A determination of the place where a particular business (or a part thereof) is carried on necessarily depends upon consideration of all the relevant facts, but has been stated in general terms to be the place where the operations in substance take place. ...

To the extent that the payment of a premium to a private health services plan, and its related sales tax, is required to be included in the income of the employee as a taxable benefit, it can be utilized in the computation of the medical expense tax credit by virtue of paragraph 118.2(2)(q) of the Act as a "premium, contribution or other consideration to a private health services plan... ...

Our Comments The final determination as to the provisions of the Act which may become applicable, at a given time with respect to a particular borrower under the various loan programs of the ACS, would have to be made after considering all of the facts relevant to the situation of that borrower at that time including consideration of the specific provisions of the provincial legislation governing the program in question which would become applicable at that time. ...

I am satisfied that the facts under consideration do not place the relevant property within it... ...

For example, if the shares owned by an estate are repurchased for consideration consisting of a demand promissory note and the calling of the note by the estate would have an adverse impact on the operations of the corporation, then the estate could be considered to have some influence which could result in factual control over the corporation. ...

In determining whether this exception is applicable, a consideration is whether an individual receives a benefit under a PHSP in his or capacity as an employee or as a shareholder. ...

The above situation, which was referred to your division by XXXXXXXXXX Tax Services, involves a consideration of paragraph 81(1)(h) of the Income Tax Act (the Act) which exempts social assistance payments made to a caregiver in certain circumstances. ...