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GST/HST Interpretation

17 May 1995 GST/HST Interpretation 11645-3-4[2] - Registered Non-Resident Importers (NRI)

There may be occasions where the GST registered mail order company has charged or collected from another person tax under Division II calculated on the consideration, and subsequently adjusts the consideration. ...
GST/HST Interpretation

22 February 1996 GST/HST Interpretation 11635-10[3] - Transfer of Title to Farmland in a Partnership

That commercial activity would be the supply of the real property in question to the partnership on an ongoing basis for, presumably, nominal or nil consideration. ... Also, since the property will be transferred from the husband to the partnership at nominal or no consideration, there would appear to be no GST consequences. ...
GST/HST Interpretation

26 July 1995 GST/HST Interpretation 11755-7[2] - Application of GST on a Transaction Which is the Redemption of a Coupon

The transaction cannot be treated as a redemption of a coupon such that the provisions of subsection 181(5) of the Act would act to deem the amount received by a particular retailer from the company to not be consideration for a supply. ... For the provision to apply, a supplier who is a registrant, as full or partial consideration for a taxable supply of a property or a service (other than a zero-rated supply), must have accepted a coupon which was exchanged for the property or service or which could have entitled the recipient of the supply to a reduction of, or for a discount on, the price of the property or service and a particular person at any time must have paid, in the course of a commercial activity of the particular person, an amount to the supplier for the redemption of the coupon. ...
GST/HST Interpretation

21 August 1995 GST/HST Interpretation 11645-3-4/11640-3/11995-1[1] - Application of the Goods and Services Tax (GST) to Customs Brokerage Services and the Freight Transportation Costs for Shipment of Foreign Mail Order Goods to Canada

When determining who is considered to have received a supply, you may wish to refer to the definition of "recipient" contained in section 123(1) of the ETA as follows: "recipient" of a supply of property or a service means (a) 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,... ...
GST/HST Interpretation

28 May 1996 GST/HST Interpretation 11650-3[2] - Input Tax Credit Entitlement on Passenger Vehicles

Question 4: For supplies made after April 23, 1996, new subsection 153(4) of the ETA provides that, where a registered supplier accepts a used good (or a leasehold interest therein) as full or partial consideration for another good from a person who is not required to collect GST on the used good (e.g. a non-registrant), the supplier will calculate the GST remittance on the other good on the net value if the property being accepted as a trade-in is for consumption, use or supply in the course of the supplier's commercial activities. Moreover, in circumstances where the supplier and the recipient are not dealing with each other at arm's length and the amount credited to the recipient for the trade-in exceeds the fair market value, the value of the consideration for the trade-in will be the fair market value at the time the ownership is transferred to the supplier. ...
GST/HST Interpretation

18 August 1994 GST/HST Interpretation 11870-4-2[6] - The Availability of the GST New Housing Rebate With Respect to Homes Constructed by Individuals for Both Residential and Business Use

You present two scenarios for our consideration and request that we comment on the eligibility of each individual to claim the GST new housing rebate. ... The treatment of rebate availability and ITCs as discussed herein has been brought to the attention of the Department of Finance for their consideration and we will keep you advised of any legislative changes in this area. ...
GST/HST Interpretation

29 October 1996 GST/HST Interpretation 11895-1[2] - Entitlement to Claim Input Tax Credits

It is our view that the payment of these amounts from XXXXX represents the consideration for the taxable supply of the right that the Region supplies to XXXXX[.] ... Because the Region only began to share in the processing revenues effective XXXXX, and the incremental electricity revenues from XXXXX we are of the opinion that the right is supplied for nil consideration from the date of the agreement, XXXXX, until XXXXX. ...
GST/HST Interpretation

31 October 1997 GST/HST Interpretation HQR0000145 - System Improvement Reserve Fund

Ruling Given Based on the facts set out above, we rule that the payments made by the Minister to companies operating licensed facilities under Agreement I and to eligible producers under Agreement II are not consideration for a supply and therefore GST does not apply to those payments. ... Explanation Under the Department's administrative policy respecting grants and subsidies, a payment made by a person is viewed as not being consideration for a supply where neither the person making the payment or a specified third party receives a supply in return for the payment made. ...
GST/HST Interpretation

10 September 1997 GST/HST Interpretation HQR0000312 - Tax Status of Refined Gold and Applicable Input Tax Credits

There are four scenarios that could apply in these circumstances. 1) Purchases of scrap metal from registrants prior to April 24, 1996 Prior to April 24, 1996, subsection 176(5) of the Act was applicable to STPP acquired by way of sale for consideration that exceeded prescribed amounts. ... Therefore, should jewellery be purchased by the registrant where the consideration per item exceeds $2,000, the input tax credit restrictions applicable to the purchase of the coins, would also apply to the purchase of the jewellery. ...
GST/HST Interpretation

4 April 1997 GST/HST Interpretation HQR0000326 - Entitlement to Input Tax Credits in Respect of Freight Transportation Charges Paid by

Ruling Given In the scenario mentioned in the above paragraph, we rule that XXXXX customers are not making a supply to XXXXX and that the amounts paid to them by XXXXX are not consideration for a supply and are not subject to GST. Explanation In fact, where they pay back an amount to their customers picking up the goods, XXXXX is reducing the consideration previously charged to reflect that they are not providing transportation to their customers. ...

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