Advantage Amount

"Having found that subsections 248(30) to (32) did not apply, the Tax Court Judge commented, in obiter, on “the amount of the advantage.” The Judge stated that the amount of the advantage of the courseware was the value that the appellants expected the courseware to have, rather than the fair market value it actually had. Subsection 248(32) defines the amount of the advantage in respect of a gift or monetary contribution as the total of the value, at the time the gift or contribution is made, of any property, service, compensation, use, or other benefit that the taxpayer or a non-arm’s-length person has received, obtained, or enjoyed, or is entitled to receive, obtain, or enjoy, where the benefit is consideration for, in gratitude for, or otherwise related to the gift or monetary contribution. It also includes limited-recourse debt determined under subsection 143.2(6.1)."