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GST/HST Interpretation

12 May 2011 GST/HST Interpretation 122272 - Purchase of housing using Islamic financing

In consideration of the Purchaser's right to possession of the Property and of the [FinanceCo's] contribution to the purchase of the Property, the [FinanceCo] is entitled to a payment of a certain amount (the Profit) from the Purchaser. ... Where consideration for a supply is payable under an agreement for the supply, the recipient of the supply is the person (or persons) who is (are) liable under the agreement to pay that consideration. ... If that is the case, and if the Purchaser is liable under that agreement to pay the consideration for the supply, then the Purchaser is required to pay the GST payable on the supply. ...
GST/HST Interpretation

10 November 2004 GST/HST Interpretation 50220 - PROPOSED LAW/REGULATION Services Supplied by XXXXX

We would also point out that section 9 of Part II of Schedule V provides an exemption for any property or service where the consideration for the supply is payable or reimbursed under a provincial health insurance plan. ... You have also asked for an interpretation that the consideration received by MedCo from an individual or a third party (for medical services) is received for a service rendered to an individual. ... If the medical practitioner making this supply is a registrant for GST/HST purposes, it would be required to collect and remit the tax on the consideration paid for this supply. ...
GST/HST Interpretation

18 August 2005 GST/HST Interpretation 58786 - Direct Sellers - Sales Aids

As an exempt supply, there is no GST/HST to collect on the consideration for Association membership fees. ... Explanation Section 17 of Part VI of Schedule V to the ETA exempts the supply of a membership in an NPO (other than a membership in a club the main purpose of which is to provide dining, recreational or sporting facilities or in a registered party) where each member does not receive a benefit by reason of the membership, other than a) an indirect benefit that is intended to accrue to all members collectively, b) the right to receive services supplied by the body that are in the nature of investigating, conciliating or settling complaints or disputes involving members, c) the right to vote at or participate in meetings, d) the right to receive or acquire property or services supplied to the member for consideration that is not part of the consideration for the membership and that is equal to the fair market value of the property or services at the time the supply is made, e) the right to receive a discount on the value of the consideration for a supply to be made by the body where the total value of all such discounts to which a member is entitled by reason of the membership is insignificant in relation to the consideration for the membership, or f) the right to receive periodic newsletters, reports or publications the value of which is insignificant in relation to the consideration for the membership, or that provide information on the activities of the body or its financial status, other than newsletters, reports or publications the value of which is significant in relation to the consideration for the membership and for which a fee is ordinarily charged by the body to non-members, except where the body has made an election under the section in prescribed form containing prescribed information, form GST23 Election by a Public Sector Body to Have Its Exempt Memberships Treated as Taxable Supplies, which is enclosed. ...
GST/HST Interpretation

15 June 2006 GST/HST Interpretation 59990 - Supplies of Cut Fruit and Vegetables

Where the employer invoices the trust, and the trust pays the invoice from the trust assets, the trust is paying the employer to undertake activities in respect of the plan and trust, and therefore generally the amount is consideration for a taxable supply made by the employer to the trust. ... The employer is not considered to have acquired the property or service for consumption, use or supply in the course of its commercial activities and is not entitled to an input tax credit in respect of the tax paid on the consideration for the supply. ... Therefore, XXXXX is required to charge and remit GST/HST on amounts it invoices other employers where the amounts are consideration for taxable supplies, and if the transactions are not made at arm's length and section 155 applies, GST/HST applies on the fair market value of the supplies. ...
GST/HST Interpretation

26 June 1994 GST/HST Interpretation 1994-06-26 - Supply of Tangible Personal Property or the Supply of a Service

XXXXX paid XXXXX $ XXXXX in consideration for the assignment of the charter party. ... The retainer amounts by XXXXX to XXXXX were consideration paid in respect of that supply. ... Pursuant to subsection 168(2) of the ETA, where consideration for a taxable supply is paid or becomes due on more than one date, tax is payable on each day that is the earlier of the day part of the consideration is paid or becomes due, calculated on the value of that part of the consideration. ...
GST/HST Interpretation

1 April 1996 GST/HST Interpretation 11595-2[3] - Application of the GST on Distribution Fees Charged by Mutual Fund Managers

In consideration for the management and administrative services performed and for certain expenses paid by the manager, the Manager receives a monthly management fee of XXXXX of the average Net Asset Value of the Fund during each month. 5. ... Since the distribution fee is payable by the unitholder, the unitholder is the recipient of the supply, i.e., "... the person who is liable under the agreement to pay that consideration.". ... There may be an argument that the "recipient" of the supply is the unitholders and not the Fund, i.e., the unitholders are, "... the person who is liable under the agreement to pay that consideration,". ...
GST/HST Interpretation

17 July 1998 GST/HST Interpretation HQR0000921 - GST/HST New Housing Rebates

Paragraph 254(2)(c) This paragraph requires that a rebate may be paid if the consideration for a RCU is less than $450 000. The closing words for subsection 254(2) go on to provide that where the consideration is less than $350 000, the rebate shall be equal to 36% of the GST paid. ... Cost of Modifications Paragraph 254(2)(c) refers to the total consideration as covering all amounts each of which is consideration payable for the supply of a particular RCU. ...
GST/HST Interpretation

21 August 2000 GST/HST Interpretation 8312/HQR0001918 - Compensation for Lands Withdrawn from a

The compensation paid to XXXXX by the oil and gas company is consideration for this supply. ... " If the payment to XXXXX is for such a right then it is deemed not to be consideration and thus not subject to GST. ...
GST/HST Interpretation

31 March 2000 GST/HST Interpretation 6837/HQR443 - Treatment of Infrastructure Servicing Agreements

The City then assumes ownership of the tangible infrastructure for nil or nominal consideration. ... The infrastructure transferred to the City after January 1, 1991, would be subject to GST, in accordance with the subsection 168(5) of the Act on the nominal or nil consideration. ... However, where the value of the consideration for the supply of real property is not ascertainable on the day the tax is payable in accordance with subsection 168(5), the tax is payable on the value of the consideration on the day the value becomes ascertainable, pursuant to 168(6) of the ETA. ...
GST/HST Interpretation

10 July 2003 GST/HST Interpretation 42257 - Application of Harmonized Sales Tax (HST) to Prearranged Funerals Entered into Within the Province of

For your information, HST does not apply to a donation where the donation is not consideration for a supply. If a donor receives something of value, the amount of the donation could be considered consideration for a supply. A gift at common law is considered a voluntary transfer of property without consideration. ...

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