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GST/HST Interpretation
27 February 2012 GST/HST Interpretation 117638 - GST/HST Interpretation - Eligibility to claim input tax credits on pension plan expenses
., the employer is the recipient) under the relevant agreements to pay the consideration for pension-related expenses, the employer may claim ITCs on the GST/HST paid or payable on these expenses provided that all the requirements of section 169 are met. However, where the pension-related expenses for which the employer is liable are being paid out of trust assets (i.e., the pension fund), the payment by the plan trust will be regarded as consideration for a taxable supply of property or services made by the employer to the plan trust. The employer should account for tax on the consideration. Note that multiple employee pension plan trusts have been able to claim a rebate for property and services that were acquired, imported, or brought into an HST-participating province by the trust for consumption, use, or supply, in relation to the plan. ...
GST/HST Interpretation
23 March 2010 GST/HST Interpretation 119783 - Application of the HST Transitional Rules in Ontario to Inspection Fees
Transitional Rules for Services: The HST would generally apply to any consideration that becomes due, or is paid without having become due, on or after May 1, 2010, for a supply of a service, to the extent that the consideration relates to the portion of the service performed on or after July 1, 2010. However, if 90% or more of the service is performed before July 2010, no HST would be payable on the consideration for the service. ...
GST/HST Interpretation
20 December 2010 GST/HST Interpretation 126714 - Application of GST/HST to professional non-dispensing pharmacy services
Section 9 of Part II of Schedule V Section 9 of Part II of Schedule V exempts 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. ... It is a question of fact as to whether the consideration (or a portion of the consideration) for a supply is directly paid or reimbursed by a government of a province under a plan established under an Act to provide for health care services for all insured persons of the province. ...
GST/HST Interpretation
4 April 2011 GST/HST Interpretation 113955 - Reconfiguration of Parcels of Real Property
The university makes supplies of [Building A] to the public for consideration. ... Based on time of usage, you have stated that [Building A] is used primarily (greater than 50%) in making supplies to the public for consideration. ... The university charges consideration to members of the public who use [Area C]. ...
GST/HST Interpretation
15 February 2011 GST/HST Interpretation 123157 - Reference: ETA 123(1)
Any commission paid is consideration for, but is not limited to, the above Services provided to the client. ... This paragraph is deemed to have come into force on December 17, 1990, except where it is in respect of a supply rendered under a written agreement where all of the consideration for the supply became due or was paid on or before December 14, 2009, and the supplier did not, on or before that day, charge, collect or remit any amount as or on account of GST/HST in respect of the supply or any other supply that is made under the agreement that includes a service referred to in paragraph (r.4). ... In these circumstances, the Services performed by an Insurance Broker in consideration of the commission paid on the issuance of a property and casualty insurance policy would generally be considered to be arranging for the supply of the insurance policy and would not be excluded from the definition of financial service by any of paragraphs (n) through (t) of that definition. ...
GST/HST Interpretation
17 January 2011 GST/HST Interpretation 125334 - Application of the GST/HST to certain services provided by automobile dealers
Any consideration received by the automobile dealer on the sale of the loan to the assignee is consideration received for the sale of a receivable. ... The automobile dealer will then proceed with the assignment of the loan. • The consideration for the assignment of the stream of revenue can be paid in different ways. ...
GST/HST Interpretation
1 December 1995 GST/HST Interpretation 11725-1[2] - Application of GST to Certain Transactions Carried Out by a Corporation ("the Provider") With a Doctor ("the Doctor") who Carries on the Professional Practice of Medicine
By definition at subsection 123(1) of the Act, anything that is supplied to an employer by a person who is or agrees to become an employee of the employer in the course of or in relation to the office or employment of that person is neither the supply of property or a service and therefore to the extent that monetary consideration is paid by the employer to the employee for that supply, the monetary consideration is not subject to tax. Section 178 of the Act states that where in making supply of a service a person incurs an expense for which the person is reimbursed by the recipient of the supply, the reimbursement shall be deemed to be part of the consideration for the supply of the service, except to the extent that the expense was incurred by the person as an agent of the recipient. ...
GST/HST Interpretation
17 November 1994 GST/HST Interpretation 11950-2[4] - Conversion of Real Property to a Residential Complex
Unless that particular time begins on the first day of a lease interval of the head lease between Company A and Company B, the consideration with respect to that lease interval of the head lease will remain taxable until the beginning of the first lease interval following the particular time. ... At such time, subsection 136(2.1) of the Act will deem the supply of the part of the building that is a residential complex to be a separate supply for each lease interval and deem a portion of the consideration that makes up the periodic rent payment reasonably attributable that part to be separate from the consideration in respect of the other part. ...
GST/HST Interpretation
26 June 1997 GST/HST Interpretation HQR38 - Tax Status of Recreational Services
XXXXX • function as an independent policy making body; • have operating authority for the provision of parks and leisure services and for entering into agreements and contractual obligations within the limitations of approved budgets; • submit to the municipalities the estimated annual budget for operating costs and capital costs; • submit to the municipalities each year a recommendation of long-term capital expenditures for consideration by each municipality in the development of each municipality's long term capital budget; and • enter into an agreement of cooperation with XXXXX to address such issues as the reciprocal use of facilities, the joint maintenance and development of combined sites and coordination of program services. • have authority to spend money within a budget approved by XXXXX[.] • contract with XXXXX for the provision of parks and leisure services. 4. ... The consideration for the supply of this service consists of the operating and agreed upon sharable capital costs for each calendar year. ... Finally, in response to your assertion that capital costs are not consideration for a supply by or to the XXXXX because at all times the underlying property remains beneficially and/or legally owned by each respective contributing municipality, XXXXX of the Agreement outlines how the assets will be distributed in the event of withdrawal of a municipality from the XXXXX[.] ...
GST/HST Interpretation
18 November 1998 GST/HST Interpretation HQR0001174 - GST/HST Status of Sponsorship Agreements for Amateur Athletes
This is a supply for consideration under the ETA and there are no exempting or zero-rating provisions available for the services being provided which means that the supply will attract the GST/HST at 7% or 15% if XXXXX is a registrant. ... Section 269 of the ETA provides that a distribution of property from a trust is a supply of the property made by the trust to the beneficiary for consideration equal to an amount determined under the Income Tax Act (ITA). ... There are no tax consequences to the income received from the fund as section 269 of the Act deals with a distribution of property as consideration for a supply and the definition of property in subsection 123(1) excludes money. ...