Search - consideration

  [6]      The Respondent levied GST on the $41.1 million on the basis that the payment was made otherwise than as consideration for a supply (Excise Tax Act, R.S.C. 1985, c. ... That Payment was made as a consequence of the termination the Development Agreement respecting that supply, and not as consideration for that supply. ...

In so reassessing the tax of the Appellant and in so confirming the reassessments, the Minister relied on the same assumptions of fact, as follows: a)       in 1991 the Appellant and her spouse acquired property described as NE ¼-8-26-3 W5, located near Cochrane, Alberta, (the "Cochrane Property"); b)       the Appellant and his spouse each had a 50% interest in the Cochrane Property; c)       the area of the Cochrane Property was 158 acres, and included a residence, a barn and a riding hall; d)       the Appellant and her spouse acquired the Cochrane Property at a cost of $1,167,209.08; e)       the Cochrane Property was sold January 15, 1999; f)         the total proceeds from the sale of the Cochrane Property was $2,600,000.00; g)       the sale agreement for the Cochrane Property allocated the sale price as follows: Residence and 2 Acres:                               $ 625,000.00 Main Barn                                                       600,000.00 Riding Hall                                           600,000.00 Land                                                               600,000.00 Tools, fencing, mobile home, equipment, machinery, etc.                   175,000.00 Total                                                           $2,600,000.00 h)       the Appellant and her spouse received cash and land as consideration for the Cochrane Property; i)         the land received as part of the consideration for the Cochrane Property was sold and the Appellant and her spouse acquired property near Airdrie, Alberta; j)         the replacement property rules set out in section 44 of the Act apply when determining the Appellant's 50% share of the gain for the Cochrane Property; k)       in addition to the sale proceeds from the principal residence and 2 acres of $625,000.00 set out in subparagraph 12(g) above, an additional 2 acres was necessary for the Appellant's use and enjoyment of the principal residence on the Cochrane Property; l)         of the $600,000.00 sale proceeds allocated to land as set out in subparagraph 12(g) above, no more than $7,594.94, being 2 acres at $3,797.47 per acre is attributable to the principal residence; m)     in calculating the capital gain on the sale of the Cochrane Property, the allocation of the $600,000.00 proceeds for the sale of the land is as follows: Principal Residence Portion (2 Acres @ $3,797.47)                               $    7,594.94 Remainder: Non-Principal Residence Portion:                           $592,405.60 Total                                                           $600,000.00 n)       no more than four acres of land was necessary for the use and enjoyment of the principal residence on the Cochrane Property.                    ...

No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of considerations which are relevant in determining that question, nor can strict rules be laid down as to the relative weight which the various considerations should carry in particular cases. ...

No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of considerations which are relevant in determining that question, nor can strict rules be laid down as to the relative weight which the various considerations should carry in particular cases. ...

Paragraph 183(1)(b) goes on to deem the consideration for such a supply to be "nil", thus generating no tax consequences as between the Appellant and 502759 Ontario Limited ...   [2] 183(1) Seizure and repossession- Where at any time after 1990 property of a person is, for the purpose of satisfying in whole or in part a debt or obligation owing by the person to another person (in this section referred to as the "creditor"), seized or repossessed by the creditor under a right or power exercisable by the creditor (other than a right or power that the creditor has under, or because of being a party to, a lease, licence or similar arrangement by which the person acquired the property), (a) for the purposes of this Part, the person shall be deemed to have made, and the creditor shall be deemed to have received, at that time, a supply by way of sale of the property; (b) for the purposes of this Part (other than sections 193 and 257), that supply shall be deemed to have been made for no consideration; (c) where the supply referred to in paragraph (a) is a taxable supply of real property, for the purposes of sections 193 and 257, the tax payable in respect of the supply shall be deemed to be equal to tax calculated on the fair market value of the property at that time; and (d) where the supply referred to in paragraph (a) is a supply of real property included in section 9 of Part I of Schedule V, in section 1 of Part V.1 of that Schedule or in section 25 of Part VI of that Schedule, for the purposes of sections 193 and 257, the supply is deemed to be a taxable supply and the tax payable in respect of the supply is deemed to be equal to tax calculated on the fair market value of the property at that time ...

The provisions of subsections 317(7) and (8) of the Excise Tax Act set out that a person who, despite the formal request by the Minister, pays his or her debt or consideration or refuses to pay his or her debt or consideration, is liable to pay the Minister an amount equal to the amount that person was required to pay, to the extent of the amounts allowable under the Excise Tax Act.             ...

  [19]     On April 30, 2002, Martin transferred all the shares of the Payor to Jean‑Luc without valuable consideration. ... That Martin transferred the shares of the company to Jean‑Luc for no consideration strongly indicates this to be the case ...

Audet stated that he had concluded, at the beginning of his participation in the SOGITEL project, in the early 80s, a verbal agreement with PGL under which he acted as financial advisor for the project in consideration of a remuneration consisting of commissions and professional fees. ... Larivé and Audet, Maurice Mayer and Claude Fréchette – according to which the four would equally share the profits of the project in consideration of their services. ...

Brar delivered the $3,000 on or prior to December 31, 2000 and the Appellant claims that it was given on a completely voluntary basis without conditions or consideration. [5]      The Audit Report of Minister's auditor, Carol Grieve, was filed by the Appellant as Exhibit A-2 and it provides as follows: The adjustment relates to the donation receipt by Weldon Park Academy for "capital fund contributions". As indicated in paragraph 3 of Interpretation Bulletin IT-11OR3, Gifts and Official Donation Receipts, a gift is a voluntary transfer of property without valuable consideration or benefit accruing to the donor or to anyone designated by the donor as a result of the transfer. ...

Wakely____________________________________________________________________ ORDER AS TO COSTS           Upon motion by the Applicant for an Order pursuant to section 147 of the Tax Court of Canada Rules (General Procedure) (" Rules ") for costs in excess of those to which he is are entitled under Schedule II, Tariff B ("Tariff") of the Rules;           And upon the Applicant's request that this motion be disposed of by the Court upon consideration of written submissions of counsel;           And upon the Respondent opposing that motion; And upon reading the written submissions of both parties;           It is ordered that the Applicant's motion be dismissed in accordance with the attached Reasons for Order, and costs be awarded by the Taxing Officer in accordance with Schedule II, Tariff B. ... Wakely____________________________________________________________________ ORDER AS TO COSTS Upon motion by the Applicant for an order pursuant to section 147 of the Tax Court of Canada Rules (General Procedure) (" Rules ") for costs in excess of those to which he is are entitled under Schedule II, Tariff B ("Tariff") of the Rules;           And upon the Applicant's request that this motion be disposed of by the Court upon consideration of written submissions of counsel;           And upon the Respondent opposing that motion; And upon reading the written submissions of both parties;           It is ordered that the Applicant's motion be dismissed in accordance with the attached Reasons for Order, and costs be awarded by the Taxing Officer in accordance with Schedule II, Tariff B. ...