Cases
2441-0946 Québec Inc. (c.b.a., Insta-chèques) v. Agence du revenu du Québec, 2017 QCCA 1491
The appellant derived 80% of its revenue from cashing cheques, i.e., it would receive endorsed cheques from clients, and charge them a fee for...
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|---|---|---|
| Tax Topics - Excise Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(a) - Subparagraph 149(1)(a)(iii) | company in a cheque-cashing business was a "dealer in … financial instruments" | 267 |
See Also
Casa Blanca Homes Ltd. v. The Queen, 2013 TCC 338 (Informal Procedure)
The appellant bought and resold the right and obligation to acquire lots from a land developer. Hogan J found that the "non-refundable" deposits...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Supply | possible to structure separate assignments | 266 |
Administrative Policy
27 February 2020 CBA Roundtable, Q.11
Ruling 162056, dated February 10, 2017, distinguished between two supplies to two investors (Investor 1 and Investor 2) of rights to royalty...
10 May 2019 GST/HST Ruling 167225 - Royalty Payments
The Investors entered into a loan agreement (“Agreement #1”) and a royalty agreement (“Royalty Agreement #1”) with Company #1. Agreement...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Supply | loan and royalty advance were consideration for single taxable supply of IPP | 206 |
23 April 2019 GST/HST Ruling 186334 - S AND INTERPRETATIONS - Annual licensing fees and public service bodies’ rebate eligibility
An incorporated non-profit organization (the “Organization”), being a provincial professional society makes NSF cheque charges. CRA...
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| Tax Topics - Excise Tax Act - Schedules - Schedule V - Part VI - Section 20 | law society was an “other body established by a government” | 63 |
| Tax Topics - Excise Tax Act - Schedules - Schedule V - Part VI - Section 20 - Paragraph 20(c) | consideration for licensing included expired licence fees | 51 |
| Tax Topics - Excise Tax Act - Schedules - Schedule V - Part VI - Section 20 - Paragraph 20(b) - Subparagraph 20(b)(i) | exempt processing and registration fees of professional society | 74 |
| Tax Topics - Excise Tax Act - Schedules - Schedule V - Part III - Section 6 | jurisprudence exam fee exempt, but not charge for processing exam administered by another body | 229 |
24 January 2018 Ruling 156434
An auto dealer sold conditional sales contracts or credit agreements arising from its sales to customers to a lender. In connection with ruling...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Financial Service - Paragraph (d) | separately stated originating fee for sourcing credit agreement was part of consideration for its assignment | 195 |
10 February 2017 Ruling 162056
Under Agreement 1, the Investor (a registrant) pays a lump-sum Royalty Acquisition Amount to Corporation 1 (a Canadian-resident registrant) in...
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| Tax Topics - Excise Tax Act - Section 169 - Subsection 169(1) | the purchase of an IP royalty gives rise to non-creditable GST/HST to the investor | 126 |
| Tax Topics - Excise Tax Act - Section 182 - Subsection 182(1) | buyout of royalty agreement not subject to s. 182 | 185 |
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Commercial Activity | receipt of royalty not considertion for a taxable supply | 117 |
CBAO National Commodity Tax, Customs and Trade Section – 2014 GST/HST Questions for Revenue Canada, Q. 18
In 112274, CRA concluded that the assignment of an instalment contract did not constitute a financial service. Has CRA changed its view from...
5 December 2003 Interpretation 44874
Lessor enters into equipment leases (the "Asset Leases") with users of the equipment (the "Asset Lessees"), who also have options to purchase the...
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| Tax Topics - Excise Tax Act - Section 136 - Subsection 136(1) | concurrent lease qualified as lease | 202 |
April 1999 GST Memorandum (New Series), 17.1
Contingent right is excluded
8. "Debt security" does not include a contingent right. A right to be paid money is a possibility but not a certainty...
3 September 1997 Ruling HQR0000579
"A swap transaction falls under the definition of 'debt security' since the definition of debt security... includes 'a right to be paid money'."
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|---|---|---|
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Financial Service | 151 |
1 December 1994 P-170 "Debt Security and Contingent Amounts"
Debt security definition
Debt security is generally defined in the Excise Tax Act as a right to be paid money. The right of one party to be paid...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Financial Instrument | 49 |