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GST/HST Interpretation

2 February 2011 GST/HST Interpretation 112425[r] - Allocations for purposes of claiming input tax credits

With respect to common area space outside of buildings and structures, we reiterate that if the particular space is not for use for the purpose of making taxable supplies for consideration, we would usually consider the space to be used for purposes other than making taxable supplies for consideration. In a particular set of circumstances, it is possible that common area space could be attributed to making taxable supplies for consideration. For example, if a sidewalk leads to a parking lot from which a university makes only taxable supplies for consideration and it is unlikely that the sidewalk would be used for any other reason than accessing the parking lot, the sidewalk may be attributed to the making of taxable supplies for consideration. ...
GST/HST Interpretation

3 August 2004 GST/HST Interpretation 52333 - Clarification of section 261 of the Excise Tax Act with respect to Code 8 rebate claims made by Indian bands and band-empowered entities

This delivery charge forms part of the consideration for the good. As such, the delivery charge takes on the same GST/HST status as the supply of the goods. ... You presume that, under the CRA policy, the delivery charge represents part of the consideration for both the taxable and the zero-rated goods. ... Under this approach, the supplier would collect GST/HST on the delivery charges based on the percentage of the consideration payable for the taxable goods as compared to the total consideration payable for all the goods. ...
GST/HST Interpretation

4 August 2006 GST/HST Interpretation 81946 - Application of GST/HST to Cemetery Products and Services

Interpretation Given Under the provisions of subsection 168(1) of the ETA, tax is payable by the recipient of a taxable supply on the earlier of the day the consideration for the supply is paid and the day the consideration for the supply becomes due. Subsection 152(1) of the ETA provides that the consideration (or a part thereof) for a taxable supply is deemed to become due on the earliest of •   the earlier of the day the supplier first issues an invoice in respect of the supply for that consideration or part and the date of that invoice; •   the day the supplier would have, but for an undue delay, issued an invoice in respect of the supply; and •   the day the recipient is required to pay the consideration or part to the supplier pursuant to an agreement in writing. ... Therefore, the consideration in respect of the supply is deemed to become due prior to July 1, 2006 and the tax is payable by the recipient at the same time unless the recipient paid the consideration prior to that time. ...
GST/HST Interpretation

1 August 1995 GST/HST Interpretation 11925-1[6] - GST Treatment of the Activities and Projects Undertaken by the

Fees paid to XXXXX by XXXXX as described under Fact 32, are consideration for taxable supplies. ... On the basis that this funding is not consideration, it is not subject to GST. ... For example, if Company A transfers goods valued at $1000 to an NPO in consideration for services supplied by the NPO, the NPO will be required to collect GST on the $1000 (the consideration it receives for its services). ...
GST/HST Interpretation

1 August 1995 GST/HST Interpretation 11925-1[7] - The GST Treatment of the Activities and Projects Undertaken by

Fees paid to XXXXX as described under Fact 32, are consideration for taxable supplies. ... On the basis that this funding is not consideration, it is not subject to GST. ... For example, if Company A transfers goods valued at $1000 to an NPO in consideration for services supplied by the NPO, the NPO will be required to collect GST on the $1000 (the consideration it receives for its services). ...
GST/HST Interpretation

3 January 1995 GST/HST Interpretation 11870-4-2[10] - GST New Housing Rebate and Cost Plus Construction Contracts

The construction costs, excluding taxes, plus the management fee determines the consideration value for the building. ... The amount of consideration payable arising from this supply by way of sale of the complex would be considered the "total consideration" as defined in paragraph 254(2)(c) of the Act. ... Any amounts of consideration that became payable in respect of the construction of the house after the supply by way of sale occurred would not be considered to form part of the "total consideration" of the complex and, hence, could not be taken into account when calculating the amount of the GST rebate. ...
GST/HST Interpretation

25 June 1997 GST/HST Interpretation HQR0000435 - Expense Claims for Telemarketing Tickets Sold by a Charity Through an Agency

A "recipient" of a supply of a property or service for purposes of the GST/HST is defined in subsection 123(1) of the ETA to mean: (a) where the consideration for a supply is payable under an agreement, the person who is liable under the agreement to pay that consideration, and (b) where paragraph (a) does not apply and consideration is payable for the supply, the person who is liable to pay that consideration. ... This would lead us to conclude that XXXXX was the party liable to pay the consideration for the expenditures associated with the project. ... However, the charity can claim a rebate for the tax applicable to the $80,000 consideration it paid to the telemarketing company for the telemarketing service. ...
GST/HST Interpretation

16 March 1998 GST/HST Interpretation HQR0000669 - PROPOSED LAW/REGULATION Existing Motor Vehicle Leases and HST

The scenarios described in your letter seem to rely only on the date of the lease contract in determining the value of the consideration for the purpose of calculating GST/HST. ... Also, the payment that is attributable to the lease interval is deemed to be consideration payable in respect of the supply for the property for the lease interval. Subsection 153(4) provides that where a supplier accepts in full or partial consideration for the supply of tangible personal property, other property that is used tangible personal property or a leasehold interest therein, and the recipient is not required to collect tax in respect of the supply of the trade-in, the value of the consideration for the supply made by the supplier is deemed to be equal to the amount, if any, by which the value of the consideration for that supply exceeds the amount credited to the recipient in respect of the trade-in. ...
GST/HST Interpretation

27 June 2000 GST/HST Interpretation 25236 - Assignment of Agreement to Purchase a Condominium

B agreed to pay to A the sum of $XXXXX in consideration of the assignment. ... What is the consideration for the supply of the condominium (from the Vendor to B) on which the GST would be calculated? ... The consideration, on which the GST would be calculated, for the supply of the Condominium from the Vendor to B is $XXXXX. 2. ...
GST/HST Interpretation

1 April 2005 GST/HST Interpretation 58154 - Fair Market Value and Self-supply on New Residential Rental Property

Thus there is a legislative basis to exclude from the fair market value or consideration of a supply of real property, any HST imposed under Part IX in respect of that particular supply. ... Therefore, when arriving at fair market value, section 154 does not provide a legislative basis to discount the consideration of an exempt supply in an attempt to remove an amount imbedded in the consideration of that supply. For example, where the consideration of a taxable supply of a residential complex is used as a comparable in a valuation methodology, the HST imposed on that supply, even where the supply was "HST included", is excluded from the consideration. ...

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