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GST/HST Ruling
29 January 2015 GST/HST Ruling 93176 - GST/HST on fees relating to a loan
. * Other: All legal fees in connection with this agreement are for the account of [BCo]. ... On [mm/dd/yyyy], [ACo], [CCo], and [BCo] entered into an Assignment Agreement (Assignment Agreement) which contained the following provisions: * Pursuant to the Term Sheet, [ACo] agrees to make certain loans and advances to [BCo], subject to the terms and conditions of the Term Sheet (the “Credit Facilities”); * Pursuant to terms of the Term Sheet, [ACo] has the discretion as to the entity that will enter into the loan arrangements with [BCo] and fund the advances made to [BCo] pursuant to the Term Sheet; * [ACo] has designated [CCo] as the Lender under the Term Sheet; * For consideration of $[…] paid by [CCo] to [ACo], [ACo] assigns to [CCo] all of its right, title and interest in the Term Sheet and the Credit Facilities. * [ACo] represents that the Term Sheet is in full force and effect and unamended and [ACo] has not knowingly discharged [BCo] from the Term Sheet or assigned any rights or obligations under the Term Sheet; * [CCo] accepts the assignment of [ACo]’s rights and obligations in the Term Sheet and indemnifies [ACo] from any claims by [BCo] arising in connection with the Term Sheet or the performance of the Lender’s obligations under the Term Sheet; * [BCo] acknowledges that it has taken notice of the assignment and expressly consents to it. * The Assignment Agreement sets forth the entire agreement and understanding among the parties with respect to the subject matter and supersedes any prior agreements or understandings, whether oral or in writing. ...
GST/HST Ruling
25 July 2017 GST/HST Ruling 181117 - – Tax status of medical supplies
Under section 1 of Part II of Schedule VI, the term “cosmetic” means, “a property, whether or not possessing therapeutic or prophylactic properties, commonly or commercially known as a toilet article, preparation or cosmetic that is intended for use or application for toilet purposes or for use in connection with the care of the human body, or any part thereof, whether for cleansing, deodorizing, beautifying, preserving or restoring, and includes a toilet soap, skin cream or lotion, mouth wash, oral rinse, toothpaste, tooth powder, denture cream or adhesive, antiseptic, bleach, depilatory, perfume, scent and any similar toilet article, preparation or cosmetic”. ... In addition, we have not seen an indispensable or essential connection, as required by the term “necessary”, between [Products X and Y] and the appliances (e.g., ostomy appliance), such as may be shown in labelling, marketing, packaging, or literature of the specific products or the appliances. ...
GST/HST Interpretation
4 February 2014 GST/HST Interpretation 106288 - GST Treatment of Merger and Acquisition Services
. * The documents submitted […] relate to the services that the Service Provider agreed to provide to the Company in connection with a potential disposition of the Company's financial services operations, either by way of a sale of receivables, or a sale of […] shares, as well as entering into a […] program with a purchaser […]. * According to the Purchase Agreement […], the ultimate transaction took the form of a sale of assets of the Business, consisting of the […] Activity, the […] Products Activity and the […] Program (the Transaction; capitalized terms have the meaning set out in the Purchase Agreement; "transaction" in lower case refers to potential transactions in general, with respect to which the Service Provider was engaged). * While there are many descriptions of the Service Provider's role in the various documents, key elements of the descriptions may be summarized as follows: 1. ... There is a single supply where one or more elements constitute the supply and any remaining elements serve only to enhance the supply. * Applying the criteria set out in these documents to the services provided by the Service Provider under the Service Agreement, the various elements would constitute a single supply made by the Service Provider to the Company.- A key factor to consider in this regard is the fact that there is a very strong relationship among the service elements.- The service elements are intended to achieve the objective that is set out at the beginning of the Service Agreement: to act “as financial advisor in connection with an evaluation of strategic alternatives for the financial services operations of the Company”.- Also, the Company does not have the option to acquire the elements separately, and each of them serves to enhance the over-all “package” of services that is designed to meet the Company's needs. ...
GST/HST Interpretation
11 September 2008 GST/HST Interpretation 90943 - Proposed Law/Regulation; Proposed Subsection 141.02(7)
Interpretation Requested You have posed the following questions in connection with the application of proposed subsection 141.02(7): 1. ... Revenu Québec The Federal Government and the Government of Quebec co-operate in the administration of the GST and are in close communication in connection with the administration of the proposed ITC allocation rules to ensure that they are administered consistently. 9. ...
GST/HST Interpretation
16 March 2009 GST/HST Interpretation 110027 - GST/HST Reporting by Nominee Corporations
The Nominee would further maintain all relevant corporate and accounting records in connection with such activities. ... A "commercial activity" is defined in paragraph 123(1)(c) of the ETA to include the making of a supply (other than an exempt supply) by the person of real property of the person, including anything done by the person in the course of or in connection with the making of the supply. iii 3. ...
GST/HST Interpretation
22 April 2010 GST/HST Interpretation 119991 - Supply of Electricity to the Ontario Power Authority
Section 3.5 of the FIT model contract reads as follows: "The OPA is liable for and shall pay, or cause to be paid, or reimburse the Supplier if the Supplier has paid any Taxes applicable to the Delivered Electricity and Future Contract Related Products sold hereunder which may be imposed at and from the Connection Point, and Taxes applicable to or associated with the transfer or assignment of Environmental Attributes from the Supplier to the OPA. ... If any Sales Tax is payable in connection with the Delivered Electricity and Future Contract Related Products purchased hereunder, such Sales tax shall be paid by the OPA. ...
GST/HST Ruling
2 May 2011 GST/HST Ruling 132613 - Application of the GST/HST to insurance [...] services
("Trade Marks and Trade Names") for use in Canada and to have [the Company] provide services in connection with the Program. 5. ... Services is a supply of a financial service, and that the remaining portion of the fee that relates to consideration for the supply of property in connection with the granting of rights to the [Corporations] by [the Company] is not a supply of a financial service unless section 138 or 139 apply to deem that property to form part of the financial service. ...
GST/HST Interpretation
14 June 2007 GST/HST Interpretation 93936 - XXXXX GST/HST Visitor Rebate on Short-term Accommodation
Subsection 181(2) describes the tax treatment of reimbursable, fixed dollar coupons accepted in connection with the supply of a good or service. ... Subsections 181(3) and (5) describe, among other things, the circumstances under which an ITC may be claimed when a coupon is accepted in connection with a taxable (other than a zero-rated) supply. ...
GST/HST Interpretation
1 April 1996 GST/HST Interpretation 11595-2[3] - Application of the GST on Distribution Fees Charged by Mutual Fund Managers
Under the Agreement, the Manager agrees that it shall, in its capacity as exclusive distributor of the units, provide the following services: • as agent for the Fund, appoint one or more persons to arrange for the distribution of units for such period as the Manager determines, including the right to appoint itself, and to determine the contractual arrangements with such persons; • distribute and sell or cause to be distributed and sold only through registered dealers who are approved by the Manager, in all jurisdictions where the same may lawfully be distributed or sold, units which are qualified for distribution and sale; • compensate any person referred to in (1) above for its assistance in the distribution of units in accordance with the terms of the prevailing distribution agreement, if any, provided however that in consideration for accepting such responsibility the Fund agrees with the Manager that its will pay to any such distributor in accordance with the terms of the distribution agreement then in effect such part of the redemption charge received by the Fund on the redemption of units as is provided in such distribution agreement; • cause all units to be distributed and sold at an issue price equal to the Net Asset Value per unit on the following bases so that a purchaser may elect: • to pay at the time of purchase the Net Asset Value per unit for each unit purchased plus a sales charge; or • to pay at the time of purchase only the Net Asset Value of each unit purchased (the "Deferred Charge Option") and to have a selling commission paid in respect of each unit purchased under this option by the Manager or such other person as may be appointed by the Manager to arrange for the distribution of units pursuant to the Deferred Charge Option; • purchasers electing the Deferred Charge Option are subject in respect of each unit held upon which a selling commission is paid, on each unit issued on the immediate investment of proceeds realized on the redemption of units of another mutual fund managed by the Manager acquired under a similar deferred charge option by such other fund and on each unit issued on the automatic reinvestment of distributions, to a distribution fee as described below and to a redemption charge in respect of each unit redeemed within a specified number of years of its date of issue; • provide, or cause to be provided, marketing and advice and assistance to registered dealers in connection with the distribution and sale of units; • establish from time to time the minimum initial and subsequent investment in units and the floor amount; • accept or reject, as agent for the Trustee, in its discretion, subscriptions for the purchase of units; • receive and transmit, or cause to be received and transmitted, to the custodian of the Fund, cheques and other moneys received from unitholders, persons selling units or others in connection with the issuance of units, calculate the number of units to be issued and issue appropriate confirmations and other required documents to purchasers of units; • redeem units and issue appropriate instructions to the custodian to permit the redemption of units and deliver appropriate confirmations and other required documents to redeeming unitholders together with any cheque or other property issued or delivered to such redeeming unitholder. 4. ...
GST/HST Interpretation
3 September 1997 GST/HST Interpretation HQR0000579 - Tax Status of Swap Transactions and Swap Servicing Fee
The Master Service Agreement states that XXXXX will provide the following services to XXXXX in connection with the administration of Canadian dollar swap agreements with third parties: (i) negotiation and preparation of appropriate documentation, including master agreements and other required documentation with third parties; and (ii) performance of back office support functions in connection with transactions entered into with third parties, including confirmations, periodic resets, booking transactions on the XXXXX system, and performing account and position reconciliation. ...