goodwill

9 November 2005 Internal T.I. 2005-0154301I7 F - Choix concernant les immobilisations admissibles -- summary under Class 14.1

On a sale of a residential care facility, the taxpayer allocated substantially all of the sale price to operating agreements with the Quebec Ministry, and took the position that the election under s. 14(1.01) (which at the time had provided that the election could be made regarding eligible capital property other than goodwill) was available as the operating agreements represented ECP other than goodwill. Before noting that the distinction would cease to matter as a result of a proposed retroactive amendment to s.

28 January 2021 Internal T.I. 2019-0817641I7 - Acquisition of rights to pension surplus -- summary under Actuarial Surplus

A portion of the purchase price paid for the acquisition of a business of the Seller by the Purchaser was allocated to the actuarial surplus in a defined benefit pension plan (the “Plan”) for which the Seller was the sponsor and employer, with

By services, 6 January, 2020

Healius Ltd v Commissioner of Taxation, [2019] FCA 2011, rev'd [2020] FCAFC 173 -- summary under Contract Purchases or Prepayments

The taxpayer was an Australian public company that provided (including, relevantly, through a subsidiary trust (“Idameneo”) whose results were consolidated for tax purposes with its own medical centre facilities and services to doctors in consideration for 50% of the fees generated by them.

By services, 22 October, 2019

Commissioner of Taxation v Sharpcan Pty Ltd, [2019] HCA 36 -- summary under Paragraph 13(34)(b)

Due to a regulatory change, a hotel owner which had been sharing in the revenues generated from 18 gaming machines on its premises was required to bid for 18 assignable gaming machine licences (“GMEs”) in order to be able to continue with the 18 machines, as a result of which it was allocated 18 GMEs that permitted it to operate gaming machines at its premises for 10 years.

By services, 10 December, 2018

Commissioner of State Revenue v Placer Dome Inc., [2018] HCA 59 -- summary under Paragraph (a)

Whether the acquisition by Barrick Gold Corporation ("Barrick") of another Canadian public company, namely, Placer Dome Inc. ("Placer") triggered Western Australia land transfer tax (“stamp duty”) of A$55 million on the unencumbered value of "the land and chattels situated in Western Australia” of an Australian subsidiary of Placer Dome turned on whether Placer was a "listed land-holder corporation" for Stamp Act purposes.

By services, 16 January, 2016

Lupien v. The Queen, 2016 TCC 2 -- summary under Other

A lacquer-manufacturing corporation (“Antoni”) indirectly owned by the taxpayer’s brother imported one of its product lines from an Italian company pursuant to an exclusive distribution agreement with it, and used the services of the taxpayer’s company (“LCR”) to distribute those products in Canada and the U.S. and provide after-sales service. Shortly before the sale of all the assets of Antoni to an arm’s length purchaser (“Chemcraft”), Antoni purchased all the assets of LCR.

By services, 28 November, 2015

Transalta Corporation v. Canada, 2012 DTC 5040 [at at 6757], 2012 FCA 20 -- summary under Section 68

A partnership bought the assets of an electric company at a price that was $190 million in excess of the regulated book value (the amount on which the electric company was allowed to earn a return) and allocated such excess to goodwill. The Minister argued that, because goodwill is what allows a better-than-normal return on an asset, and the asset return was regulated, there could be no goodwill. The Minister reallocated the premium principally to depreciable assets.

By services, 28 November, 2015

The Queen v. Demco Management Ltd., 85 DTC 5603, [1986] 1 CTC 92 (FCA) -- summary under Cumulative Eligible Capital

Mahoney, J. stated that a definition of the goodwill of a private hospital "should bear in mind that the basis of its worth was its power to attract custom."

goodwill

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