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GST/HST Interpretation

29 January 2010 GST/HST Interpretation 117414 - Proposed Law/Regulation; GST/HST New Housing Rebates Under the HST in Ontario

Interpretation Requested You are requesting confirmation of the following: • the consideration payable for the residential complex is $383,139.53; • the HST payable is $49,808.14; • the GST/HST new housing rebate is $4,212.21; • the Ontario new housing rebate would be $22,988.37; and • the RST transitional new housing rebate would be $5,747.09. ... As the consideration paid for the residential complex exceeds $350,000, the GST/HST new housing rebate amount is reduced, based on the formula provided in subsection 254(2). ... Where the estimated RST in the complex is based on the consideration payable for the residential complex, the estimated RST would be equal to 2% of the consideration. ...
GST/HST Interpretation

13 December 2004 GST/HST Interpretation 53743 - Will the Canada Revenue Agency ("CRA") consider a rebate to have been filed where photocopied invoices are submitted with the rebate rather than original invoices?

. •   Parts XXXXX and XXXXX were granted to "D" in fee simple, for nominal consideration. •   Parts XXXXX and XXXXX were granted to "B" "In trust", "To uses", for nominal consideration. •   Part XXXXX was granted to "F" "In trust", "To uses", for nominal consideration. •   The deed was also signed by "E" (the XXXXX of "A") stating that XXXXX hereby bars XXXXX dower in the lands. 3. Based on information you have provided, Parts XXXXX and XXXXX were held by "B" as a bare trustee in trust for "A" until registered title was transferred to "C" who became the new bare trustee also in trust for "A". •   A trust agreement XXXXX states that "B" holds the lands as set out in XXXXX in trust for "A" and not as beneficial owner and will on the written direction of "A" transfer the said lands, as so directed. •   An agreement made XXXXX between "C" (as the New Trustee) and "A" (as the Beneficial Owner) provides that "C" agrees to receive from "B" Parts XXXXX and XXXXX in XXXXX name and agrees to hold them as simple bare trust for "A". •   In XXXXX, "B" transferred Parts XXXXX and XXXXX to "C" (for no consideration or for nominal consideration). 4. ...
GST/HST Ruling

27 July 2004 GST/HST Ruling 47723 - XXXXX

Subsection 141.01(5) of the ETA requires that a person use a fair and reasonable method in order to determine the extent to which properties or services are acquired, imported or brought into a participating province by the person for the purpose of making taxable supplies for consideration or for other purposes, or to determine the extent to which the consumption or use of properties or services is for the purpose of making taxable supplies for consideration or for other purposes. ... The difference is generally funded by grants and subsidies that may be other than consideration. Where a public college or university does use the output based method, the calculation should include any grants or subsidies that the public college or university receives, whether or not the grants or subsidies are consideration for supplies. ...
GST/HST Ruling

17 May 2004 GST/HST Ruling 49728 - Sales of Real Property by the Estate XXXXX

Interpretation Given Every recipient of a taxable supply, other than a zero-rated supply (taxable at 0%), made in Canada is required to pay GST at the rate of 7% on the value of the consideration for the supply. ... Consideration generally means the price paid for a supply of property or service. Where the consideration is expressed in money, the amount of the money is treated as the value of the consideration. ...
GST/HST Interpretation

19 October 2007 GST/HST Interpretation 86120 - Administrative Policy and Eligibility Criteria for Municipal Designation

Consequently, just before the tax sale, your municipality is deemed to have acquired the parcel at issue for nil consideration under subsection 183(1). As consideration is deemed to be nil, at this point, your municipality is not liable for paying GST on this deemed acquisition. ... For GST purposes, there has been no supply made since no consideration has been paid and no change has occurred to the deemed supply for no consideration under subsection 183(1). ...
GST/HST Interpretation

18 August 1995 GST/HST Interpretation 11710-1 - Application of the GST to the Single Supply of an Occupational Vision Care and Eye Protection Program

These amounts rather constitute consideration paid in respect of supplies made to the employer by the optometrists and the laboratories. ... Therefore, when the Association reimburses the same amounts to the optometrists and the laboratories, it is not paying consideration for supplies made to the Association. It is rather paying these amounts to the optometrists and the laboratories on behalf of the employer in consideration for supplies made to the employer by the optometrists and the laboratories. ...
GST/HST Interpretation

7 March 1995 GST/HST Interpretation 1995-03-07 - Application of the GST on Amounts Received by Bulk Fuel Dealers

XXXXX position is that the amount being credited to the dealer, is a reduction of consideration previously paid by the dealer for a taxable supply. ... The provisions of section 232 do not anticipate that the amount being paid is consideration for a supply. ... Under subsection 165(1) tax is payable on the value of consideration for a taxable supply. ...
GST/HST Ruling

12 August 1996 GST/HST Ruling 11680-1[1] - Sales and Propagation Rights

The XXXXX deduction from the royalty payments XXXXX pays to XXXXX to cover XXXXX administration and overhead costs, is not consideration for a supply from XXXXX to XXXXX[.] ... The consideration for the supply XXXXX which includes the XXXXX as well as the royalty, is subject to the GST at 7% under Division II of the Excise Tax Act (Act). 2. ... The XXXXX deduction to cover XXXXX administration costs and overhead is a reduction in the consideration for the supply by XXXXX to XXXXX and is not consideration for a supply from XXXXX to XXXXX This ruling is subject to the general limitations and qualifications outlined in Section 1.4 of the GST Memoranda Series. ...
GST/HST Interpretation

5 October 1995 GST/HST Interpretation 11710-1, 11860-1, 11865-6 - Whether the (the Association) was Making a Single Supply of an Occupational Vision Care and Eye Protection Program or was Supplying Three Different Services

These amounts rather constitute consideration paid in respect of supplies made to the employer by the optometrists and the laboratories. ... Therefore, when the Association reimburses the same amounts to the optometrists and the laboratories, it is not paying consideration for supplies made to the Association. It is rather paying these amounts to the optometrists and the laboratories on behalf of the employer in consideration for supplies made to the employer by the optometrists and the laboratories. ...
GST/HST Interpretation

31 January 1997 GST/HST Interpretation 11590-5[2] - Application of GST to Services of Performance Bond Claims Settlement

Any consideration received by the surety from the obligee with respect to the completion contract under the performance bond is not subject to GST. ... GST is applicable to the consideration for the taxable supplies made by the subcontractors to the surety. ... These payments do not represent consideration for a supply made by the subcontractors and suppliers to the surety. ...

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