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GST/HST Interpretation

11 March 2011 GST/HST Interpretation 101761 - GST/HST INTERPRETATION - [...][Student meal plans]

Section 13 of Part III of Schedule V states that a student may receive for a single consideration only the right to receive at a restaurant or cafeteria at the university or college not less than 10 meals weekly throughout the period. ... Taking into consideration the requirements of section 13 of Part III of Schedule V, we will respond to each of your questions separately: 1. ... The CRA considers "top-ups" or the addition of funds to a qualifying meal plan to be additional consideration for the same supply. ...
GST/HST Interpretation

17 September 2012 GST/HST Interpretation 145341 - Supplies under TIB B-32 and deemed supplies under section 172.1

. * [The Corporation] is liable to pay the consideration for the supplies made by [A Co] and [B Co] and is the recipient of those supplies. ... Application of TIB B-32 Under TIB B-32, where pension related expenses incurred by the employer (i.e., the person liable to pay the consideration under the agreement for the supply) have been paid for out of pension plan trust assets, the payment by the trust is generally treated as consideration for a supply made by the employer to the trust where: * the plan trust pays the third party supplier directly, * the employer invoiced the plan trust for the costs of the inputs, and/or * the plan trust reimburses the employer. ... In the present case, since the pension entity paid [A Co] and [B Co] directly for the investment management services, we would consider [the Corporation] to have made a taxable supply of the services to the pension entity for consideration equal to the invoice amounts. ...
GST/HST Interpretation

8 November 2012 GST/HST Interpretation 146651 - – […] [Municipal PSB Rebate claims]

Subsection 168(1) provides that “tax under this Division (Division II) in respect of a taxable supply is payable by the recipient 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) indicates when consideration is due. It provides that “(…) the consideration, or a part thereof, for a taxable supply shall be deemed to become due on the earliest of a) 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, b) the day the supplier would have, but for an undue delay, issued an invoice in respect of the supply for that consideration or part, and c) the day the recipient is required to pay that consideration or part to the supplier pursuant to an agreement in writing.” ... Therefore, even though there is no equivalent to subsection 169(4) or to the Regulations previously mentioned, there is a reference to tax paid or payable and by inference, to the moment the consideration is due. ...
GST/HST Interpretation

26 May 2011 GST/HST Interpretation 128518 - Application of the HST Transitional Rules to Realtor Services

Determining when a brokerage performs its services Generally, section 43 of the New Harmonized Value-Added Tax System Regulations (the Regulations) provides that the HST at 13% applies to any consideration that become due or is paid without having become due, on or after May 1, 2010, for a taxable supply of a service made in [Participating Province X] to the extent that the consideration relates to the portion of the service performed on or after July 1, 2010. However, if all or substantially all (i.e., 90% or more) of the service is performed before July 2010, only the GST at 5% is payable on the consideration for the taxable supply of the service. ... The commission is the consideration for the taxable supply of the listing brokerage's service to the seller. ...
GST/HST Interpretation

14 June 2007 GST/HST Interpretation 93936 - XXXXX GST/HST Visitor Rebate on Short-term Accommodation

In other words, when a Card bearer takes a discount on a meal or beverage, Co A/ Co B is viewed as making a taxable supply of meals and beverages to *** for which it subsequently receives monetary consideration. ... Instead, they fall within subsection 181(4), which deems the value of the consideration for the supply to be the amount, if any, by which the value of the consideration for the supply as otherwise determined exceeds the exchange value of the coupon (i.e., the GST/HST applies to the price net of the coupon value). Accordingly, where a coupon confers a free meal or beverage to the user, subsection 181(4) essentially deems the value of consideration for the supply to be zero, and no tax will be payable on the supply. ...
GST/HST Interpretation

28 August 1996 GST/HST Interpretation 11650-7[1] - Taxable Benefits and Passenger Vehicle Rules

The correct amount of GST calculated in accordance with subsection 173(1) of the ETA as it applies prior to the technical bill changes is as follows: Standby charge $4,800.00 Less: Amounts reimbursed   1,200.00 Taxable benefit $3,600.00 Tax deemed collected on the standby charge (7% x $3,600.00) $   252.00 Add: tax deemed collected on the reimbursement (7/107 x $1,200.00)        78.50 Total tax deemed collected $   330.50 For your information, under the proposed legislative changes to subsection 173(1) of the ETA, the GST deemed collected by the employer is: Standby charge (benefit amount) $3,600.00 Add: Amount reimbursed   1,200.00 Total consideration $4,800.00 Tax deemed collected on the total consideration (6/106 x $4,800.00) $   271.70 Answer 3(b): Under the proposed legislation, the GST remittance by a registrant pursuant to subsection 173(1) of the ETA would be equal to: •   the prescribed percentage of the total consideration (i.e., the total of the benefit amount and all reimbursements) as required to be included in the individual's income under paragraphs 6(1)(k) or (l) of the ITA; and, •   in any other case, 6/106th of the total consideration Accordingly, the GST deemed collected will be calculated as 6/106ths of the total consideration except for automobile operating expense benefits [6(1)(k) and (l) of the ITA] which will continue to be calculated using a "prescribed percentage" [i.e., the GST remittance will be equal to the prescribed percentage (currently 5%) of the total consideration]. ... Under proposed subparagraph 173(1)(d)(v) of the ETA the total of the benefit amount and the reimbursement is deemed to be the "total consideration" payable in respect of providing property during the year to an individual or a person related to the individual. GST is then calculated accordingly under proposed subparagraph 173(1)(d)(vi) of the ETA on the total consideration rather than on a supply by supply basis as discussed above. ...
GST/HST Interpretation

1 July 1997 GST/HST Interpretation HQR0000569 - Section 162 - Exploitation of a Timber Resource

In this case, however, no consideration was given for this supply as the provision of a loan which will be fully repaid is not usually considered to be consideration for a supply. ... Thus pursuant to section 162 the consideration of XXXXX for this right is not subject to the GST. ...
GST/HST Interpretation

7 February 2001 GST/HST Interpretation 8441 - Tax Status of Supplies by a Diet Clinic and Input Tax Credits

Consequently, the 7% GST applies calculated on the value of the consideration, i.e., the initial evaluation fee and the ongoing program fees paid by the individuals, for this taxable supply. 1. ... A separate consideration is charged for these supplies. Most of these separate supplies of goods are subject to the 7% GST (or, where these supplies are made in a participating province, the 15% HST). Consequently, the 7% GST applies calculated on the value of the consideration paid by the individuals for these taxable supplies. ...
GST/HST Interpretation

28 March 2002 GST/HST Interpretation 34565 - Air Miles Award Tickets

Under this provision, where a coupon is accepted by a registrant vendor, the value of the consideration for the supply (in your case, the award ticket) is deemed to be the amount, if any, by which the value of the consideration for the supply as otherwise determined exceeds the discount or exchange value of the coupon. ... Therefore, airlines that are registrants for GST/HST purposes would be required to collect the GST/HST on the net value of the consideration for the award ticket once the accumulated mileage credits have been applied to reduce the value of the consideration for the supply. When a coupon is accepted as the total consideration for a supply, then no GST/HST is payable. ...
GST/HST Interpretation

3 November 2003 GST/HST Interpretation 45330 - Fee Sharing and Cost-Sharing Arrangements

The medical practitioners also receive consideration for the services they provide from XXXXX, which you referred to as "professional fees". ... For instance, where there is a supply and consideration is payable for that supply, the GST/HST is payable unless, for example, the supply is listed in Schedule V or VI of the ETA. ... The payment made by the locum or associate would represent consideration for this supply and the GST/HST would apply on the value of the consideration. ...

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