Search - consideration

. […] There is no further explanation provided in the Agreement that details the actions, obligations, roles, or responsibilities of the ISO for which the Transaction Fee and Communication Fee is charged by the ISO as consideration for the supply of its services to the Merchant. […]. INTERPRETATION REQUESTED You would like to know whether the Debit Transaction Fee and the Communication Fee charged by the ISO to the Merchant under the Agreement are each consideration paid for the provision of an exempt supply of a financial service or for the supply of a taxable service. ... If this is the case, the supply provided by the ISO to the Merchant would be a supply of a taxable service and any consideration for such service would be subject to GST/HST. ...

Consideration for GST (Question 7): Every recipient of a taxable (non-zero-rated) supply made in Canada is required to pay tax in respect of the supply calculated at the rate of 5% on the value of the consideration for the supply. When the consideration for a supply is expressed in money, the value of the consideration for the supply is equal to the amount of the money. ...

., is considered to be a "residential unit" and is affixed to the land), is determined on a case-by-case basis taking into consideration the facts and circumstances of the particular case. ... In determining whether a particular recreational unit is affixed to the land, consideration is given to the method and degree of physical attachment of the unit to the land, as well as the purpose for which the unit has been attached to the land. ... Where a separate amount is paid by a lessee on account of property taxes assessed against the property owner, this amount is generally part of the consideration for the rental of the property, even if the lessee pays the amount directly to the municipality. ...

. •   However, in some cases, a fairness opinion is only to be provided on request, for a separate consideration. ... These are not discussed in this analysis, however they would also generally constitute separate supplies under separate agreements, and you confirmed that no amounts in respect of such services were XXXXX •   Thus, XXXXX should be characterized as making a single supply to its clients under the engagement letters, with the possible exception of providing fairness opinions and other services, if these are provided on request and for a separate consideration. •   For purposes of this analysis, it is assumed that the single supply is made in Canada, pursuant to section 142. ... Timing The general rule regarding timing is that payment of tax in respect of a taxable supply is triggered by invoicing or payment of consideration, as set in section 168. •   If a payment is made before the tax treatment of XXXXX client's ultimate transaction is known, and/or if it is unknown what the predominant element of XXXXX supply would be, then absent proof to the contrary, this would constitute payment for a taxable supply. •   If it subsequently became apparent that XXXXX was, in fact, arranging for a financial service and that this was the predominant element of its supply, so that it was making an exempt supply of arranging for an exempt financial service, or a zero-rated supply, the tax paid on previous payments could be refunded as tax paid in error (see e.g. section 261). ...

The total consideration charged by XXXXX for this supply is comprised of an administrative service fee and an amount to cover XXXXX costs of providing the IME report (i.e., the amount billed to XXXXX by the physician). 5. ... Ruling Requested You would like confirmation that XXXXX is required to collect the GST/HST on the total consideration it charges for the supply of IME reports. Ruling Given Based on the facts set out above, we rule that XXXXX is required to collect the GST/HST on the total consideration it charges for the supply of IME reports. ...

(b) We agree with XXXXX opinion, as reflected in the analysis, that the payment made by employers to the XXXXX is consideration for a supply as there is a direct link between the payment made and the supply of assessment and counselling services to employees of contributing employers. ... The non-applicability of GST to this supply is based on the condition that this type of service is the same type as that offered free of charge to residents of XXXXX under its drug and alcohol abuse program and the conditions outlined in section 10 of Part VI of Schedule V to the ETA continue to be met, that is, substantially all of the supplies of in-patient treatment are made for no consideration. ... Payments made by participating employers under the XXXXX, as well as by those individuals not employed by participating employers, are consideration for a taxable supply of counselling and related services. ...

Pursuant to paragraph 191.1(2)(b) of the Act: "at least 10% of the residential units in the complex are intended to be supplied to i) seniors, ii) youths, iii) students, iv) individuals with a disability, v) individuals in distress or individuals in need of assistance, ix) individuals whose eligibility for occupancy of the units or for reduced lease payments is dependent on a means or income test, x) individuals for whose benefit no other persons (other than public sector bodies) pay consideration for the supply of the units and who either pay no consideration for the supplies or pay consideration that is significantly less than the consideration that could reasonably be expected to be paid for comparable supplies made by a person in the business of making such supplies for the purpose of earning a profit, or xi) any combination of individuals described in any of the subparagraphs (i) to (vii)". ...

Subsection 153(4) of the ETA provides in paragraph (c) that the value of the consideration for the supply (i.e. the leased vehicle) is deemed to be equal to the value of that supply less "... the amount credited to the recipient in respect of the trade-in... ... As well, the amount given in cash to the lessee cannot be considered to be an amount which was used as "full or partial consideration for the supply" of the new vehicle, as required by subsection 153(4). ...

Where consideration for a supply is payable under an agreement for the supply, the person who is liable under the agreement to pay that consideration is the recipient of the supply as defined in subsection 123(1) of the ETA. ... When a registrant makes a disbursement for an expense in the course of supplying services to a customer, GST/HST is charged to the customer on the subsequent reimbursement to the extent that GST/HST is payable on the consideration for the services provided by the registrant. ... Where you are not acting as an agent on behalf of your customer in respect of the domain name registration, GST/HST will apply to the total of the consideration you charge your customer XXXXX XXXXX in the same manner as previously described for the supply of your Web site design services. ...

Section 6.11 of Part I of Schedule V to the ETA generally applies to supplies for which consideration becomes due after February 26, 2008 without having been paid before that date or is paid after that date without having become due. Supplies for which consideration becomes due or was paid before February 27, 2008 will also be exempt under section 6.11 unless the supplier charged, collected or remitted an amount as or on account of tax in respect of the lease payments. ... Section 6.11 of Part I of Schedule V to the ETA will exempt the supply of each addition made by Corporation 1 to the Operator in respect of supplies where the consideration becomes due after February 26, 2008 and was not paid before that date without having become due. ...