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.
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Value Meaning

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Vente d'un terrain à sa propre société

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"The Crown noted that subsection 248(32) refers to “value,” whereas subsection 248(31) refers to “fair market value.” Subsection 248(31) provides that the eligible amount of a gift or monetary contribution is the amount by which the fair market value of the property exceeds the amount of the advantage. The Crown argued that “value” in subsection 248(32) means the greater of fair market value and the perceived worth of the benefit from the donor’s perspective. However, the Crown did not identify any provision of the Act where “value,” without the words “fair market” immediately preceding it, meant the greater of fair market value and a perceived worth or was based on a subjective amount. Black’s Law Dictionary defines “value” as the significance, desirability, or utility of something, and also as the monetary worth or price of something—the amount of goods, services, or money that something commands in an exchange. The Oxford Dictionary includes a substantially similar definition: “The material or monetary worth of a thing; the amount of money, goods, etc., for which a thing can be exchanged or traded.” For the Act, which is a statute imposing a tax, the monetary definition of “value” is the relevant one. That definition involves an objective determination of the value of a property or service. In Canada (Attorney General) v. Nash, this Court confirmed the well-accepted definition of fair market value as the highest price an asset might reasonably be expected to bring if sold in the normal manner applicable to the asset, in the ordinary course of business, in a market composed of willing and informed arm’s-length buyers and sellers under no compulsion to buy or sell."

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