Search - consideration

The OECD interprets such a consideration by stating that a purpose would not be a principal purpose if it is reasonable to conclude, having regard to all the facts and circumstances, that obtaining the benefit was not a principal reason for the arrangement and would not have justified entering into any agreement or transaction that has, alone or together with other transactions, resulted in the benefit. … The OECD states that, if an arrangement is inextricably linked to a core commercial activity and its form has not been driven by considerations of obtaining a benefit, it is unlikely that its principal purpose is to obtain such benefit. … [I]n the opinion of this article’s author, the OECD made a conscious choice to recognize that a business decision may include more than one principal purpose and has seemingly decided that the purpose-based test may be satisfied even in the case that other non-tax reasons are also present. ...

IV, No. 3, p. 212-- summary under Subsection 88(1) Summary Under Tax Topics- Income Tax Act- Section 88- Subsection 88(1) Description of considerations arising on the transfer of shares of a holding company to the operating company, followed by the winding-up of the holding company. ...

", Corporate Finance, Volume XVIII, No. 3, 2012, p. 2126, at 2129-- summary under Foreign Accrual Property Income Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(1)- Foreign Accrual Property Income "Now that the provision [s. 100(1)] applies to dispositions to non-residents, with which a CFA is almost certain to transact, FAPI implications warrant greater consideration." ...

Steve Suarez, Maire-Eve Gosselin, "Canada's Section 116 System for Nonresident Vendors of Taxable Canadian Property", Tax Notes International,9 April 2012, p. 175-- summary under Subsection 116(1) Summary Under Tax Topics- Income Tax Act- Section 116- Subsection 116(1) Detailed discussion of application procedure and considerations. ...

.: 1) Cansub establishes Forco in a jurisdiction that has an income tax treaty with the United States and Canada. 2) Cansub transfers the US Opco loan to Forceco as consideration for shares of Foreco. 3) The Cansub loan is amended to add a conversion right… 4) Can LP exercises the conversion right and converts the Cansub loan into preferred shares of Cansub having a redemption and liquidation value equal to the outstanding amount under the loan, converted into Canadian dollars on the date of the conversion.... ... Parentco then transferred assets to Newco in consideration for Newco shares and the assumption by Newco of a portion of a Parentco external debt denominated in US dollars. ... [I]t seems reasonable to suggest that, because the assumed debt formed part of the consideration for the transfer of assets by Parentco to Newco, as between Parentco and Newco, Newco became the "primary debtor"…. ...

Joint Committee, "Subject: Proposed Part II.2 Tax – Tax on Repurchases of Equity – ‘Reorganization Transaction", 26 March 2024 Joint Committee Submission-- summary under Subsection 183.3(2) Summary Under Tax Topics- Income Tax Act- Section 183.3- Subsection 183.3(2) Potential duplication under s. 183.3(2) Under a literal reading of s. 183.3(2), every covered entity would have an amount under Variable B when equity of any other covered entity is redeemed, acquired or cancelled pursuant to a reorganization transaction (and a portion of the consideration is not equity). ...

", CCH Tax Topics, No. 2176, November 21, 2013, p. 1, at 3-- summary under Section 42 Summary Under Tax Topics- Income Tax Act- Section 42 Where an amount of the purchase price is held back by the purchaser to satisfy warranties given by the vendor in relation to the sale of shares, for example, it is possible that separate consideration has been identified for the warranties. ...

PWC, "Tax Insights: Excessive interest and financing expenses limitation (EIFEL) regime", Issue 2022-06, 15 February 2022-- summary under Subsection 18.21(2) Summary Under Tax Topics- Income Tax Act- Section 18.21- Subsection 18.21(2) Potential difficulties in annually assessing whether the election should be made or is practicable Application of the group ratio regime requires an annual election and, therefore, annual consideration as to whether it would be beneficial. ...

., a trust) to acquire retail banking outlets will not be an abusive transaction in situations where the trust claims input tax credits...and leases the retail banking outlets to the financial institution for consideration equal to the fair market value. ... (which recently resulted in proposed amendments to subsection 225(3.1)), in February 2006 the CRA internally considered whether the GAAR applied in situations where a registrant does not claim ITCs until after they have received a credit note from their supplier which reduces the consideration and adjusts the amount of GST that was originally charged, pursuant to section 232…. ...