GST/HST Memorandum 3.1, “Liability for Tax” (August 1999)

49. Agreement as supply (s 133)—...The entering into of any agreement to supply any property or any service is deemed to be a supply of the property or service made at the time the agreement is entered into. The provision of the property or service under the agreement is treated as being a part of the same supply and not as a separate supply. As a result, the tax applies to any prepayment or part payment of the consideration for a supply even if, at the time payment is made, property has not in fact been transferred or the service has not yet been rendered

Distinction between real property (which includes leases thereof) and intangible personal property

Real property
ss 123(1)

56. Real property consists of land, buildings, leasehold interests in such property, and, in the Province of Quebec, immovable property and every lease thereof. The definition of real property also includes a mobile home, a floating home and any leasehold or proprietary interest therein. The term is also defined to include all other rights and interests in real property such as easements, the right under a lease or licence to use or take possession of land, and a right or option to purchase land under a contract. Therefore, the leasing of real property and the granting of a licence to use it are deemed to be supplies of real property. For purposes of Schedule IX (supply in a province) and Division IV.1 (tax on property and services brought into a participating province) only, a floating home and a mobile home that is not affixed to land are deemed to be tangible personal property and not real property. Complete information on real property is available in Chapter 19, Special Sectors: Real Property. …

Intangible personal property

58. Intangible personal property includes contractual rights, options, shares in the common stock of a corporation, the right to recover a debt, intellectual property (patents, trade-marks, trade-names), and rights in relation to goods that are not in possession and other rights which may be enforced by the courts, but does not include money.

Lease, etc., of property
ss 136(1)

59. A supply by way of lease, licence or similar arrangement of the use or right to use real property or tangible personal property is deemed to be a supply of the real property or tangible personal property.