Search - consideration

Your view is that amounts paid by the Tenant to the Landlord in accordance with the MOU are either consideration for the exempt supply made by the Landlord to the Tenant under the Lease Agreement or are not consideration for a supply and therefore not subject to the GST/HST. ... Accordingly, we are unable to conclude that amounts paid by the Tenant in accordance with the MOU are consideration for the supply made by the Landlord under the Lease Agreement. ... If the amount paid by the Tenant is not consideration for the supply of the Complex made by the Landlord under the Lease Agreement, amounts paid by the Tenant to the Landlord in accordance with the MOU would generally be viewed as consideration for a supply of a service provided by the Landlord to the Tenant. ...

Ruling Requested Are the sponsorship payments received by XXXXX for the XXXXX conference consideration for taxable supplies? ... Subsection 153(1) of the ETA provides that the "value of consideration" for a supply is deemed to be: "(a) where the consideration... is expressed in money, the amount of the money; and  (b) where the consideration... is other than money, the fair market value of the consideration... at the time the supply was made. ... As noted under the ruling, we would generally accept the fair market value of the supply as a reasonable basis for the value of consideration. ...

These two supplies constitute consideration for each other. Subsection 153(1) of the Act provides: Subject to this Division, the value of the consideration, or any part thereof, for a supply shall, for the purposes of this Part, be deemed to be equal to (a) where the consideration or that part is expressed in money, the amount of the money; and (b) where the consideration or that part is other than money, the fair market value of the consideration or that part at the time the supply was made. ... The value of the consideration for the supply of Lot B is the FMV of Lot A at the time when Lot B is supplied. ... As previously mentioned, the value of consideration for Lot B is the FMV of Lot A at the time of the sale of Lot B. ...

The consideration for this supply was the Partnership Interest the Investor received in return. ... Even assuming it does constitute a supply, it does not constitute the making of a supply for consideration (i.e., the Investor would not receive consideration in return for receiving the Profit Distribution). ... Similarly, the making of an additional Capital Contribution by all partners is not a taxable supply made for consideration, as no consideration (i.e., partnership interest, further right or enhancement) is received in return for doing so. ...

We also agree that the Assignee was liable to pay consideration for the supply of the Products made to [the Assignee] by the Vendor. ... The Assignee paid, on behalf of [X], the consideration for a supply of software licences made to [X]. ... Generally, the “recipient” of a supply is defined under subjection 123(1) to include, “(a) where consideration for the supply is payable under an agreement for the supply, the person who is liable under the agreement to pay that consideration, (b) where paragraph (a) does not apply and consideration is payable for the supply, the person who is liable to pay that consideration, and…” In determining who the recipient of a supply is, and who may therefore be entitled to an ITC for any tax payable on the supply, it is necessary to determine whether the supply is acquired by a person on its own behalf or as an agent on behalf of another person. ...

That is, where there is a supply and consideration is payable for that supply, the GST/HST is payable on the value of that consideration unless the supply is listed in Schedule V or VI. ... Rather, the payments would represent consideration for a supply and that supply could be subject to the GST/HST, regardless of the method chosen to make the payments. ... The terms of a written agreement is one factor that the CRA will consider in determining whether a payment is consideration in respect of a taxable supply. ...

In these situations, your firm is the recipient of the supply and is required to pay the consideration, but not tax, to the supplier of the medical/clinical documents. ... The disbursement forms part of the value of consideration for the supply for the legal services on which the client is required to pay tax. ... A reimbursement of an expense incurred by a law firm as agent of its client is not part of the consideration for the supply of legal services to the client. ...

The costs awarded by the Court directly to the winning party are not subject to the general taxing provisions, as they do not constitute consideration for a taxable supply or a service and do not form part of the consideration paid for the lawyer’s services of the winning party. ... Paragraph (a) of the definition of “recipient” in subsection 123(1) provides that where consideration for a supply is payable under an agreement for the supply, the recipient of the supply is the person who is liable under the agreement to pay that consideration. ... Judicial costs awarded to the winning party do not constitute consideration for a taxable supply or a service. ...

However, if the supply to the municipality is made for no consideration, there is no GST/HST payable by the municipality. If the supply to the municipality is made for nominal consideration, GST/HST is payable on the value of the consideration for the supply. 3. ... GST/HST would be payable on the value of the consideration for the supply. 7. ...

Where an unused balance is carried forward for future use, whether GST/HST will apply will depend on whether that amount is consideration for a supply and the tax status of that supply at the time the consideration is paid or becomes due. 5. ... Although “single consideration” is not defined in the ETA, under subsection 123(1) “consideration” is defined to include any amount that is payable for a supply by operation of law. Where a student enters into an agreement for a meal plan and the agreement specifies that there is a single consideration, but that payment for that consideration may be made on an instalment basis, the CRA accepts that this type of arrangement meets the requirement of “single consideration” under section 13. ...