The Nominee holds legal title to lands (the "Property") as bare trustee for and on behalf of the Owner. Under the terms of the Nominee Agreement, it agreed to deal with the Property only on the directions of the Owner and to execute and deliver all agreements, leases, covenants, instruments and assurances required by Owner from time to time in connection with the Property. In connection with the Owner’s development of the Property, the Nominee has contracted on behalf of the Owner for the supply of goods and services from third parties, with the resulting contracts and invoices being in the name of the Nominee.
Ruling:
The Nominee may be considered to be the Owner's representative for purposes of the Regulations. Invoices and contracts supporting the Owner's claim for input tax credits, identifying either the Nominee or the Owner as the recipient of the supplies, along with the Nominee Agreement, satisfy the documentary requirements as prescribed in the Regulations.
