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GST/HST Interpretation

23 June 1999 GST/HST Interpretation HQR0001418 - PROPOSED REGULATION Applicability of Subsection 240(4) of the Excise Tax Act to Memberships

The association you are inquiring about has the following membership rights and obligations: •   the membership is to a non-resident professional association; •   the membership dues are XXXXX per year; •   members receive the following benefits: •   professional networking; •   professional recognition; •   leadership opportunities; •   competitions and awards; •   opportunity to be published; •   continuing education; •   on-line education; •   access to experts in the field; •   job referral service; •   access to medical insurance and a credit card program; •   internet discussion forums; and •   voting rights. •   members are entitled to receive the following publications, at no charge: •   a catalogue of publications in their professional field; •   a monthly newsletter; •   a monthly magazine; and •   a quarterly journal. •   non-members could receive both the catalogue and the newsletter for free while they would have to pay $XXXXX per issue in respect of the magazine and the journal; •   magazine cost per year is therefore $XXXXX •   journal cost per year is therefore $XXXXX •   total cost per year: $XXXXX •   members are entitled to a discount on seminars and educational programs at an average savings of approximately $XXXXX Your have asked two specific questions. ... Interpretation Given Question 1: Revenue Canada Policy Number P-077R " Single and Multiple Supplies " provides factors and guidelines to review which the Department will consider in determining whether a supply will be considered to be a single supply or multiple supplies. ... Question 2: We refer you to the GST/HST Guide titled " Information For Non-Resident Suppliers of Publications " (a copy of which is attached). ...
GST/HST Ruling

17 November 2011 GST/HST Ruling 118885 - GST/HST RULING - Sale of real property by surviving joint tenant

[Individual A] and [...] [Individual B] held (otherwise than as a partnership) title in joint tenancy to [#] parcels of land in [...] ... The parcels bear the following legal descriptions, respectively: a) PID [...] b) PID [...] c) PID [...] d) PID [...] e) PID [...] f) PID [...] g) PID [...] h) PID [...] ... Parcel PID [...] [XYZ] is [#] acres and contains the couple's residence, which was built in 1979. 4. ...
GST/HST Interpretation

27 April 1998 GST/HST Interpretation HQR0000949 - Tax Status of Cash Sponsorships of the

These additional sponsorship features include: a) Joint Venture Team (Cash sponsorship of XXXXX or more): •   full page advertisement in the final program; •   opportunity to XXXXX •   opportunity to make a brief presentation to conference delegates affirming sponsor's support of the XXXXX industry; •   five complimentary conference registrations, with an additional complimentary registration for each additional XXXXX •   opportunity to add XXXXX to the sponsor's Internet home page; •   opportunity to incorporate XXXXX into the sponsor's print materials; •   recognition in all media releases; •   all benefits of the XXXXX level (see below). b) XXXXX (Cash sponsorship of XXXXX •   complimentary hospitality suite (one night); •   complimentary exhibit booth XXXXX value); •   four complimentary registrations XXXXX value); •   early and final registration lists of delegates and exhibitors. c) XXXXX (Cash sponsorship of XXXXX •   complimentary hospitality suite XXXXX •   complimentary exhibit booth XXXXX value); •   three complimentary registrations XXXXX value); •   early and final registration list of delegates and exhibitors. d) XXXXX (Cash sponsorship of XXXXX •   complimentary exhibit booth XXXXX value); •   two complimentary registrations XXXXX value). e) XXXXX (Cash sponsorship of XXXXX •   one complimentary registration XXXXX value). 5. ... Furthermore, it is our ruling that the sponsorship payments are in respect of promotional supplies to which section 135 (see Explanation below) of the Excise Tax Act ("ETA") applies, and in respect of the following taxable supplies: •   conference registrations; •   exhibit booth; and •   hospitality suite. The following promotional supplies made by XXXXX in exchange for the sponsorships fall within the parameters of section 135 of the ETA: •   recognition of sponsor on conference signage; •   recognition of sponsor in promotional brochures; •   sponsor's profile included in the final conference program; •   sponsor's receipt of a full-page advertisement in the conference program; •   recognition of sponsor in conference media releases; •   sponsor's right to include information and promotional items in registration kits; •   sponsor right to use of XXXXX logo on sponsor's Internet home page; •   sponsor right to use of XXXXX logo in sponsor's print materials; •   sponsor's right to express registration and conference check-in (incidental); •   early and final registration lists of delegates and exhibitors (incidental), •   sponsor's right to chair sessions; and •   sponsor's right to make a presentation to delegates.   ...
GST/HST Ruling

6 July 2016 GST/HST Ruling 151267 - Commission revenue earned by an automobile dealer

STATEMENT OF FACTS You have provided the following documents: * […] (the Dealer Agreement), dated [mm/dd/yyyy], outlining […] (the Dealer’s) services provided to […]([…][Company X]). * a Credit Agreement between the Dealer, a Buyer, and […] (the Lender) upon assignment. * the Lender’s […] chart effective [mm/dd/yyyy], and * a Deal Management chart. ... A dealer reserve is based on the loan amount, and is expressed either as a percentage of the loan amount on fixed rate loans over $[…] or a dollar value ranging from $[…] to $[…] on variable rate loans and fixed rate loans of $[…] to $[…]. As an “extra bonus” the chart also indicates an additional $[…] Dealer Reserve is available for […] applications. ...
GST/HST Interpretation

1 June 1999 GST/HST Interpretation HQR0001668 - Re: GST on Award Settlement

The claim was made up of the contract price and other additional charges for additional work, expenses, impacted costs and loss of productivity as follows: •   contract price XXXXX •   approved change orders $XXXXX •   additional change orders $XXXXX •   room & board $XXXXX •   additional work $XXXXX •   more additional work $XXXXX •   drawing revision $XXXXX •   misc. items $XXXXX •   disputed work $XXXXX •   time sheet- field work $XXXXX •   disputed work $XXXXX •   impacted costs $XXXXX •   head office costs $XXXXX •   loss of productivity $XXXXX Total $XXXXX Less payment (prior to May 1, 1991) $XXXXX Subtotal $ XXXXX GST $ XXXXX Total amount claimed as owing $ XXXXX including GST XXXXX counter-claimed against XXXXX for the sum of XXXXX but later reduced the amount to $XXXXX[.] ... You advised us that: •   the various amounts claimed by XXXXX were invoiced to XXXXX and booked by XXXXX as receivables prior to XXXXX- after the judgment, XXXXX received the net amount approved by the Court from XXXXX plus the related GST; •   XXXXX called up your office to see if the amount should be subject to GST; •   XXXXX indicated the contract had hundreds of pages, and would not be convenient to forward it to you for review. ... Phil Tang Specialty Tax Unit Financial Institutions & Real Property Division GST/HST Rulings and Interpretations Directorate ...
GST/HST Ruling

30 March 2006 GST/HST Ruling 59018 - Application of GST/HST to early termination of vehicle lease

XXXXX a Web site; XXXXX. •   XXXXX offers memberships for a fee XXXXX. Individuals who purchase memberships XXXXX and the right to enter the Web site XXXXX. •   XXXXX. •   XXXXX employs individuals, who are resident in Canada, to search the Internet XXXXX. •   XXXXX. •   XXXXX. •   XXXXX. •   XXXXX. •   XXXXX. •   The server is located in Canada XXXXX. •   XXXXX makes this supply to both residents and non-residents of Canada. ... Leyton Border Issues Unit General Operations and Border Issues Division Excise and GST/HST Rulings Directorate 2006/03/17 RITS 60371 Application of GST/HST on Vehicle "Trade-ins" ...
GST/HST Ruling

21 February 2023 GST/HST Ruling 217305 - Supplies of software and technical support services made with the help of non-resident […][Representatives]

STATEMENT OF FACTS We understand the following from […] [the] fax, additional documents including a sample […][agreement] (footnote 1) (the Agreement), the company’s website […], and [various] telephone conversations held between […] and […][CRA officials]: 1. […] ([…] [ACo]), […], is a non-resident corporation that is registered for the GST/HST under Subdivision d of Division V. 2. ... According to […] the Agreement: […] 14. [ACo] retains exclusive ownership of all applicable copyrights, trade secrets, patents, and other intellectual property rights in the Software according to […] the Agreement, […] […] 15. ... The [Representatives] shall pay any […] taxes, fees or duties […], including but not limited to, taxes due and owing on amounts due or collected from end-users to the [Representative]. […] 31. ...
GST/HST Interpretation

28 April 2017 GST/HST Interpretation 154249 - Entitlement to claim Input Tax Credits (ITCs) as recipient of the supply

STATEMENT OF FACTS Based on the information you provided, our understanding of the facts is as follows: Parties involved: * […] (Vendor) sets up ATM bank machines (i.e., sells equipment & related software licences), * […]([…][X]) assignor and subsequently lessee, * […] (Lessor), a non-depository short term credit institution that provides primary equipment financing through leases assignee and subsequent lessor All parties are registered for GST. Facts: * [X] enters into an “Acquisition Agreement” to acquire equipment & software licenses from the Vendor. * [X]’s acquisition of the equipment does not include the purchase of any software which is licensed to [X] by the Vendor. ... It is not clear how this particular taxable supply was accounted for, since the full Equipment Lease Agreement [#] was not submitted […]. […] […] [ABC] has referred to section 165 of the ETA to say that “every recipient of a taxable supply made in Canada” shall pay GST/HST based on the “value of the consideration for the supply”. ...
GST/HST Interpretation

26 June 2013 GST/HST Interpretation 144410 - Application of Section 272.1 to a General Partner

BACKGROUND INFORMATION From [...], we understand that the relevant facts are as follows: 1. [...] (the General Partner) is the sole general partner of [...] ([...] [Limited Partnership A]). ... The General Partner is also the general partner for two other limited partnerships: [...] ([...] ...
GST/HST Interpretation

10 April 1996 GST/HST Interpretation 11640-2 - Application of the GST to the Supply of Intangible Personal Property

10 April 1996 GST/HST Interpretation 11640-2- Application of the GST to the Supply of Intangible Personal Property Unedited CRA Tags ETA Sch VI, Part V, 10                                                                         Tel. #: (613) 954-8585                                                                         Fax #: (613) 990-1233                                                                         Files #: 11640-2(dc)                                                                         Sch. ... Jones Director General Applications Division GST Rulings and Interpretations Policy and Legislation Branch Enclosures GAD #s: 1559 & 1570 (REG) c.c.: R. ...

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