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Article Summary

Alexander Demner, Kyle B. Lamothe, "Section 212.1 Lookthrough Rules Create Issues for Trusts with Non-Resident Beneficiaries", Tax for the Owner-Manager, Vol. 19, No. 2, April 2019, p. 2 -- summary under Subsection 212.1(6)

If a postmortem pipeline is undertaken with Holdco issuing only a promissory note to the estate as consideration for the Opco shares… Paragraph 212.1(6)(b) deems each beneficiary of the estate to directly dispose of one-half of Opco's shares to Holdco, and to directly receive one-half of the non-share consideration (the promissory note) received by the estate from Holdco… Paragraph 212.1(1.l)(a) deems Holdco to pay a dividend to the non-resident beneficiary equal to the amount by which one-half of the non-share consideration exceeds one-half of the Opco shares' PUC.... ...
Article Summary

Ian Crosbie, "Recent Transactions of Interest, Part I", 2015 CTF Annual Conference paper -- summary under Subsection 212.3(2)

. … 2) [A]t the same time, a) In consideration for shares in the capital of Whiting (the "consideration") delivered to the Kodiak shareholders by Whiting on behalf of Whiting Bidco, Whiting Bidco issued shares to Whiting with a fair market value equal to the value of the consideration; and b) Whiting Bidco purchased the outstanding Kodiak shares in exchange for the consideration, to be issued directly by Whiting to Kodiak shareholders on behalf of Whiting Bidco…. 5) Whiting Bidco and Kodiak amalgamated (to form "Kodiak Amalco") "with the same effect as if they were amalgamated under...the BCBCA", "except that the separate legal existence of [Kodiak] will not cease and [Kodiak] will survive the Amalgamation". ...
Old website (cra-arc.gc.ca)

Donation of gift certificates or gift cards

Issuer donates a gift certificate to a charity for no consideration When the issuer transfers a gift certificate directly to a charity for no consideration, there has not been a valid transfer of property as noted in paragraph 2.2 above. ... Issuer gives a gift certificate to a charity for consideration When the gift certificate is issued to the registered charity for consideration equal to the fair market value, the issuer must include the consideration received in their income. Since the consideration the issuer receives constitutes an advantage, the eligible amount of the gift will be NIL. ...
Current CRA website

Donation of gift certificates or gift cards

Issuer donates a gift certificate to a charity for no consideration When the issuer transfers a gift certificate directly to a charity for no consideration, there has not been a valid transfer of property as noted in paragraph 2.2 above. ... Issuer gives a gift certificate to a charity for consideration When the gift certificate is issued to the registered charity for consideration equal to the fair market value, the issuer must include the consideration received in their income. Since the consideration the issuer receives constitutes an advantage, the eligible amount of the gift will be NIL. ...
Old website (cra-arc.gc.ca)

New Brunswick and Newfoundland and Labrador HST Rate Increases – Sales and Rentals of Non-residential Real Property

When consideration becomes due For GST/HST purposes, in the case of a written lease agreement for non-residential real property, consideration becomes due on the day the lessee is required to pay the consideration under the agreement. ... When consideration is paid without becoming due For GST/HST purposes, in the case of a supply of non-residential real property made by way of lease, consideration is paid without having become due when the lessee pays the consideration before the lessee is required to pay the consideration (for example, payment is made before the consideration becomes due under a written lease agreement). ... Deposits Deposits given in respect of a supply are not consideration for a supply unless and until the supplier applies the deposit as consideration for the supply or the amount is forfeited. ...
Current CRA website

New Brunswick and Newfoundland and Labrador HST Rate Increases – Sales and Rentals of Non-residential Real Property

When consideration becomes due For GST/HST purposes, in the case of a written lease agreement for non-residential real property, consideration becomes due on the day the lessee is required to pay the consideration under the agreement. ... When consideration is paid without becoming due For GST/HST purposes, in the case of a supply of non-residential real property made by way of lease, consideration is paid without having become due when the lessee pays the consideration before the lessee is required to pay the consideration (for example, payment is made before the consideration becomes due under a written lease agreement). ... Deposits Deposits given in respect of a supply are not consideration for a supply unless and until the supplier applies the deposit as consideration for the supply or the amount is forfeited. ...
Old website (cra-arc.gc.ca)

Prince Edward Island HST Rate Increase – Sales and Rentals of Non-residential Real Property

When consideration becomes due For GST/HST purposes, in the case of a written lease agreement for non-residential real property, consideration becomes due on the day the lessee is required to pay the consideration under the agreement. ... When consideration is paid without becoming due For GST/HST purposes, in the case of a supply of non-residential real property made by way of lease, consideration is paid without having become due when the lessee pays the consideration before it is required to be paid (for example, payment is made before the consideration becomes due under a written lease agreement). ... Deposits Deposits given in respect of a supply are not consideration for a supply unless and until the supplier applies the deposit as consideration for the supply or the amount is forfeited. ...
Scraped CRA Website

Prince Edward Island HST Rate Increase – Sales and Rentals of Non-residential Real Property

When consideration becomes due For GST/HST purposes, in the case of a written lease agreement for non-residential real property, consideration becomes due on the day the lessee is required to pay the consideration under the agreement. ... When consideration is paid without becoming due For GST/HST purposes, in the case of a supply of non-residential real property made by way of lease, consideration is paid without having become due when the lessee pays the consideration before it is required to be paid (for example, payment is made before the consideration becomes due under a written lease agreement). ... Deposits Deposits given in respect of a supply are not consideration for a supply unless and until the supplier applies the deposit as consideration for the supply or the amount is forfeited. ...
Current CRA website

Prince Edward Island HST Rate Increase – Sales and Rentals of Non-residential Real Property

When consideration becomes due For GST/HST purposes, in the case of a written lease agreement for non-residential real property, consideration becomes due on the day the lessee is required to pay the consideration under the agreement. ... When consideration is paid without becoming due For GST/HST purposes, in the case of a supply of non-residential real property made by way of lease, consideration is paid without having become due when the lessee pays the consideration before it is required to be paid (for example, payment is made before the consideration becomes due under a written lease agreement). ... Deposits Deposits given in respect of a supply are not consideration for a supply unless and until the supplier applies the deposit as consideration for the supply or the amount is forfeited. ...
Current CRA website

Arts activities and charitable registration

September 24, 2013 Segment 3: Artistic merit criterion; objective evidence; private benefit considerations Video: Segment 3: Artistic merit criterion; objective evidence; private benefit considerations Transcript This segment provides specific information about the artistic merit criterion, what the CRA expects as objective evidence and the private benefit considerations. ...

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