Search - consideration

Facts Based on the terms of the car rental agreement provided, our understanding of the relevant facts of the situation is as follows: •   A renter agrees to rent a vehicle from a car rental company for a consideration which is calculated on a flat daily amount plus a specific charge based on distance driven. •   The renter has the choice of accepting a loss damage waiver for an additional charge which would limit the renter's liability for vehicle damage or loss to a pre-determined amount. •   If the renter decides not to purchase the loss damage waiver, the renter will be required to pay "on demand all loss or damage (however caused) to the vehicle while rented under this agreement". ... It is the Department's position that where rental agreement provides that the renter is required to compensate or re-imburse the car rental company for loss or damage caused to the vehicle while under rental or for the recovery of loss of rental revenue resulting from the damage to the vehicle, the payment made by the renter is not consideration for a taxable supply, and is not subject to GST/HST. ... Accordingly, in line with this position, it is our view that the payment made by the renter for the recovery of a loss of rental income suffered by the car rental company as described in your memo is not consideration for a taxable supply, and is hence not subject to GST/HST. ...

Under subsection 123(1) of the ETA the recipient of a supply is defined as the person who is liable to pay consideration under the agreement for the supply. ... There is no re-supply to the trust in this instance and since the value of the consideration has been set by a non-related third party section 155 is not an issue. ... Under s[ubs]ection 123(1) the recipient of a supply is defined as the person liable to pay the consideration i.e., the invoice is made out in their name. ...

Interpretation Requested You have asked us to clarify whether subsection 165.1(2) of the ETA can apply to a supply made by an amusement machine that can be altered, either by re-programming the machine or by resetting internal switches in the machine, to offer supplies for consideration exceeding twenty-five cents. ... For example, subsection 165.1(2) would apply to a supply made through an amusement machine that is programmed or set to only offer a single game for a total consideration of twenty-five cents even if that machine is capable of being re-programmed or reset to offer a single game for fifty cents. However, subsection 165.1(2) would not apply to any supplies made through that amusement machine while the machine is programmed or set to offer a supply for consideration exceeding twenty-five cents. ...

In the first transaction, the NPO is paying a discounted amount (consideration of XXXXX per certificate) to XXXXX for the XXXXX "gift certificate". The certificate therefore no longer satisfies one of the conditions specified under Policy Paper P-202 Gift Certificates, which states that the consideration given for the gift certificate must equal the stated value on the "certificate". ... The sale of a gift certificate is not a taxable supply, therefore no GST payable on the consideration paid for the gift certificate. ...

INTERPRETATION GST/HST is imposed on taxable supplies made in Canada, calculated at the applicable rate, on the value of the consideration paid or payable for the supply, except where the supply is a zero-rated supply or specifically exempt. ... For this purpose, “consideration” is defined for GST/HST purposes to include “…any amount that is payable for a supply by operation of law”. ... Further, since the products are not specifically exempt or zero-rated under the ETA, GST/HST would be calculated on the value of the consideration at the applicable rate. ...

. * You paid the HST on the consideration for the parts which included a core or casting charge. * Subsequent to the initial transactions, you supplied [the Company] with used parts. ... INTERPRETATION REQUESTED You would like to know how the GST/HST applies to a supply of automotive parts where the consideration includes a casting or core charge. ... As such, the vendor is required to charge the applicable rate of GST/HST calculated on the total consideration payable for the part including the core charge. ...

Interpretation Requested You are requesting confirmation of the following: • the consideration payable for the residential complex is $383,139.53; • the HST payable is $49,808.14; • the GST/HST new housing rebate is $4,212.21; • the Ontario new housing rebate would be $22,988.37; and • the RST transitional new housing rebate would be $5,747.09. ... As the consideration paid for the residential complex exceeds $350,000, the GST/HST new housing rebate amount is reduced, based on the formula provided in subsection 254(2). ... Where the estimated RST in the complex is based on the consideration payable for the residential complex, the estimated RST would be equal to 2% of the consideration. ...

. •   Parts XXXXX and XXXXX were granted to "D" in fee simple, for nominal consideration. •   Parts XXXXX and XXXXX were granted to "B" "In trust", "To uses", for nominal consideration. •   Part XXXXX was granted to "F" "In trust", "To uses", for nominal consideration. •   The deed was also signed by "E" (the XXXXX of "A") stating that XXXXX hereby bars XXXXX dower in the lands. 3. Based on information you have provided, Parts XXXXX and XXXXX were held by "B" as a bare trustee in trust for "A" until registered title was transferred to "C" who became the new bare trustee also in trust for "A". •   A trust agreement XXXXX states that "B" holds the lands as set out in XXXXX in trust for "A" and not as beneficial owner and will on the written direction of "A" transfer the said lands, as so directed. •   An agreement made XXXXX between "C" (as the New Trustee) and "A" (as the Beneficial Owner) provides that "C" agrees to receive from "B" Parts XXXXX and XXXXX in XXXXX name and agrees to hold them as simple bare trust for "A". •   In XXXXX, "B" transferred Parts XXXXX and XXXXX to "C" (for no consideration or for nominal consideration). 4. ...

Consequently, just before the tax sale, your municipality is deemed to have acquired the parcel at issue for nil consideration under subsection 183(1). As consideration is deemed to be nil, at this point, your municipality is not liable for paying GST on this deemed acquisition. ... For GST purposes, there has been no supply made since no consideration has been paid and no change has occurred to the deemed supply for no consideration under subsection 183(1). ...

These amounts rather constitute consideration paid in respect of supplies made to the employer by the optometrists and the laboratories. ... Therefore, when the Association reimburses the same amounts to the optometrists and the laboratories, it is not paying consideration for supplies made to the Association. It is rather paying these amounts to the optometrists and the laboratories on behalf of the employer in consideration for supplies made to the employer by the optometrists and the laboratories. ...