Search - consideration

The question of what constitutes the cost of installing a charging station is a question of fact that cannot be resolved until after consideration of all relevant facts specific to the situation. ... The question whether in a particular case an agreement is an agreement to issue shares for the purposes of section 7 is one of fact and law which cannot be resolved until consideration of all relevant facts and documents. ... Furthermore, subsection 26(2) CBCA provides that "[a]corporation shall add to the appropriate stated capital account the full amount of any consideration it receives for any shares it issues.” ...

After further consideration in this case, the Directorate concluded that as the contribution of Note1 by FA2 to FA3 enhanced the dividend-earning potential of the shares of FA3 held by FA2, Note1 should be considered to have been acquired by FA2 for the purpose of earning income from those shares, so that the test in s. 95(2)(a)(ii)(D) was satisfied. ... At a later juncture, Phil made an (at least somewhat off-the-cuff) remark that consideration might be given in Canada to a rule that limited interest deductions to EBITDA minus s. 113 deductions, i.e., to 25% of Canadian-source income. ...

On inbound charges, again, the stock compensation component might be a relevant consideration in following the arm’s length principle. ... Other considerations would have to be considered if USco has Canadian employees or employees working in Canada. ...

In any particular case, it is a question of fact as to whether the specified individual was actively engaged on a regular, continuous and substantial basis in the business, which necessitates the consideration of various factors, including, among other things, the individual’s specific involvement and the nature of the business. ... In particular, the “excluded shares” and “reasonable return” exceptions should also be taken into consideration. ...

Notes From Presentation CRA cannot comment on all the considerations respecting the measuremnt of a benefit, which would be based on the facts and circumstances of each case. ...

It used to be that the appeals officer had the discretion to send matters back to the auditor- now it will be mandatory where the auditor has requested documents and information, the taxpayer has failed to provide that information, and instead provides it at objections- the matter will just be sent back to Audit for consideration. ...

In general, the MLI works very similarly to the Canada-US treaty – the start date is the date on which both competent authorities agree that they have received all of the information necessary to undertake substantive consideration of the case. ...

Under the common law, “a gift is a voluntary transfer of property owned by a donor to a donee, in return for which no benefit or consideration flows to the donor” (The Queen v Friedberg, [1992] 1 CTC 1, 92 DTC 6031 (FCA)). Generally, for purposes of sections 110.1 and 118.1, a gift under common law is made if a taxpayer has donative intent, and all three of the following conditions are satisfied: there must be a voluntary transfer of property to a qualified donee; the property transferred must be owned by the donor; and no benefit or consideration must flow to the donor. ... It is a question of fact as to whether the husband and wife would be considered to meet the excluded business test for a particular taxation year (or continue to meet such test in any subsequent taxation year) as consideration must be given to the ongoing nature, and labour requirements of the corporation’s business. ...