Search - consideration

The consideration payable to the House Builder under the Agreement was not collected by the House Builder on behalf of the Developer Issue XXXXX has asked us to provide comments concerning the application of the HST transitional rules for sales of real property, and in particular, the application of proposed section 350 of the Excise Tax Act as drafted for First Reading of Bill C-70 (December 2, 1996). ... Since neither ownership nor possession of the residential complex will have been transferred under the Agreement to the Customer before April 1, 1997, the tax on the newly constructed residential complex will be payable at the HST rate of 15% on the consideration for the complex. ...

The applicable exempting provision for health care services covered under a provincial Health Insurance Act is section 9 of Part II of Schedule to the Excise Tax Act (ETA), which reads as follows: "A supply (other than a zero-rated supply) of any property or service but only if, and to the extent that, the consideration for the supply is payable or reimbursed by the government of a province under a plan established under an Act of the legislature of the province to provide for health care services for all insured persons of the province". ... Regarding the second issue to be addressed, whether the supply of the Health Management Program made by XXXXX to one recipient for an all inclusive price for which a single consideration is paid, constitutes a single or multiple supply, we have used the factors described in P-077 " Single and Multiple Supplies ". ...

The value of the consideration for the taxable supply of the service is the permit and inspection fees collected and retained by XXXXX will be required to treat the amounts collected from recipients of the permits and inspection services as GST included commissions and remit the GST based on these tax included amounts. In the event XXXXX is not acting as an agent of XXXXX the service which he is supplying to XXXXX is being made for nil consideration for which no GST would be exigible. ...

Pursuant to section 269 (including the amendments proposed in the NWMM), where a trustee of a trust distributes property of the trust to one or more persons, the distribution of the property is deemed to be a supply of the property made by the trust for consideration equal to the amount determined under the Income Tax Act to be the proceeds of the disposition of the property. ... Consequently, the husband's estate will be deemed to have made a taxable supply for consideration equal to the amount determined to be the proceeds of disposition under the Income Tax Act. ...

The term "recipient" is defined under section 123 of the ETA as, in part, "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". ...

The term "recipient" is defined under section 123 of the ETA as, in part, "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". ...

The term "recipient" is defined under section 123 of the ETA as, in part, "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". ...

Amounts of registration and renewal fees forwarded to XXXXX by the provincial government of XXXXX during the transition period are not consideration for a supply and therefore not subject to GST. 3. ... As the amounts of registration and renewal fees forwarded to XXXXX by the provincial government of XXXXX during the transition period belong to XXXXX and are not public money in accordance with subsection 12(4) of the XXXXX the provision of these amounts to XXXXX is simply a transfer of money and not consideration for any supply made by XXXXX Should you have any further questions or require clarification on the above matter, please do not hesitate to call me at (613) 954-7656 or Donna Harding, Manager, Governments Unit at (613) 954-3551. ...

Ruling Given Based on the facts set out above and our understanding that the specified portion of the XXXXX is owned by the province during its construction, we rule that the payment by the XXXXX to the City is consideration for a supply of construction services on the portion of the road assumed by the XXXXX As the consideration exceeds the direct cost of the supply, the supply is not exempt under section 6 of Part VI of Schedule V to the ETA. ...

., to provide municipal transit services, and not as consideration for supplies made by XXXXX to the municipality. 2. In order for the payments made by the municipalities to XXXXX to qualify as consideration for a purchase, the municipality must be providing the service it is funding and therefore purchasing the service from XXXXX In the particular situation described above, the municipalities have created XXXXX to organize passenger services, contract with carriers for the provision of transport services, apply for provincial subsidies, study possible ways of improving transit services and sets the user fees, schedules and routes. ...