Bifalgorithm post · Vente d'un terrain à sa propre société · C. Interpretation of Value in subsection 248(30) of the Act
Value Meaning
Value Meaning (Vente d'un terrain à sa propre société · C. Interpretation of Value in subsection 248(30) of the Act) — "The Crown noted that subsection 248(32)…
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- Under subsection 248(32), “value” means objective monetary value rather than a subjective perceived worth.
- The statutory framework distinguishes “value” from “fair market value.”
- Subsection 248(32) refers to “value.”
- Subsection 248(31) defines the eligible amount as fair market value minus the amount of the advantage.
- The Crown argued that “value” means the greater of fair market value and the benefit’s perceived worth from the donor’s perspective.
- The Crown identified no Act provision where “value” means a subjective amount or the greater of fair market value and perceived worth.
- Black’s Law Dictionary and the Oxford Dictionary define “value” primarily as monetary worth or the price obtainable in an exchange.
- Because the Act imposes a tax, its relevant meaning of “value” is the monetary definition.
- The monetary definition requires an objective determination of the value of property or services.
- In Canada (Attorney General) v. Nash, fair market value was defined as the highest price reasonably expected in an ordinary arm’s-length market involving willing and informed parties.