Search - consideration

Discussion The provision of the grant by XXXXX to the dealer is not subject to tax unless it is consideration for a taxable supply. ... The grant therefore becomes consideration for taxable supplies being made by the dealer to both the Co-op and XXXXX. ...

In other words, the distributions are deemed to be supplies of the property for consideration equal to the amount determined under the Income Tax Act to be the proceeds of disposition. ... XXXXX being registered recipients, would be required to self-assess the GST in accordance with subsections 221(2) and 228(4), on the value of the consideration as determined by section 269. 3. ...

Interpretations Given Section 182 of the Act applies where, "... as a consequence of a breach, modification or termination after 1990 of an agreement... an amount is paid or forfeited by a person to the registrant otherwise than as consideration for the supply,... ... The money received by "F" Co. is consideration for the supply of the trucks and not as a result of the breach of the contract. ...

In general, subsection 170(2) of the ETA does not permit a registrant to claim an ITC on the GST payable on the supply of property or service or on goods imported by the registrant except where: (a) the consumption or use of property, services or goods of such quality, nature or cost is reasonable in the circumstances, having regard to the nature of the commercial activities of the registrant; and [(]b) the amount is calculated on consideration for the property or service or on a value of the goods that is reasonable in the circumstances. In the case at hand, when referring to the nature of XXXXX commercial activity [i.e., the construction and/or leasing of the system (providing the exclusive right to use the plant)], there is no indication in the facts provided that the consumption or use of the property, services or goods to construct the system are of such quality, nature or cost that are unreasonable in the circumstances nor that the ITC claimed on the property, services or goods are calculated on consideration or on a value that is unreasonable in the circumstances. ...

You also had some further questions as to the allocation of the total amount paid to XXXXX between consideration for the lease surrender and return of pre-paid rent and whether we had any general guidelines for distinguishing between the two. ... Our view, which we confirm, that a portion of the surrender price was in fact a return of pre-paid rent and not consideration for the lease surrender, was based on the wording of article 2.2(a) of the Lease Surrender Agreement between the XXXXX and XXXXX and articles 2.3(b) and 3.1(c) of the Purchase Agreement between the XXXXX and XXXXX. ...

Any consideration charged by XXXXX for the provision of this service will not be subject to tax. ... Should the distributor be prepared to change this invoicing practice and charge a separate amount on the invoice that is the fair retail value of the consideration for the supply of the Maintenance Service, tax will be applied on this separate amount. ...

Statement of Facts: In your facsimile you provide the following facts for our consideration: •   A registrant transfers an employee from one work location to another and agrees to reimburse the employee for the moving costs (including the GST); •   The employee purchases a new residence from a builder which GST is charged and paid for by the employee; •   The registrant reimburses the employee for all the moving costs: •   The amount reimbursed by the registrant to the employee for the land transfer tax on the purchase of the new residence is not considered to be a taxable benefit to the employee under the Income Tax Act. ... More specifically, when referring to our earlier explanation of paragraph 170(1)(b) of the ETA and to the case at hand, since: (a) the reimbursement by the registrant of the GST payable on the employee's new residence is considered to be property or service acquired by the registrant exclusively for the personal consumption, use or enjoyment of the employee; (b) the registrant did not make a taxable supply of the property or service to the employee for consideration equal to the fair market value of the property or service; and (c) it is our understanding that the property or service will be treated as a taxable benefit to the employee under section 6 of the Income Tax Act; the registrant will not be entitled to an input tax credit on the tax deemed under section 175 of the ETA to have been paid on the property or service. ...

Most inspections are made on a test basis for no consideration. 3. XXXXX is currently allocating the GST paid on inputs used directly by the Division between permit and inspection services. ... Under section 10 of Part VI of Schedule V to the Act, the supply of the inspection services for no consideration by a public sector body is exempt. ...

Question: Are the basic disposal fee, hard to handle waste fee, fee for unloading time, late departure fee, charge for the landfill site closure fund, capital financing fund charge and the landfill reserve fund charge consideration for a single supply of a right to deposit refuse at a refuse disposal site (an exempt supply under paragraph 20(i) of Part VI of Schedule V to the Act), or consideration in respect of multiple supplies? ...

Question: Are the basic disposal fee, hard to handle waste fee, fee for unloading time, late departure fee, charge for the landfill site closure fund, capital financing fund charge and the landfill reserve fund charge consideration for a single supply of a right to deposit refuse at a refuse disposal site (an exempt supply under paragraph 20(i) of Part VI of Schedule V to the Act), or consideration in respect of multiple supplies? ...