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GST/HST Interpretation

26 January 1999 GST/HST Interpretation HQR0001230 - Payment of GST/HST on Tariff No 17 Copyright Royalties

In other words, a royalty is not a right, but is consideration for a supply of a right. ... For purposes of this interpretation, we have assumed that the royalty payment is consideration for a taxable supply and subject to the GST/HST. ... In this case, the consideration for the supply became due after May 1991. ...
GST/HST Interpretation

28 July 2000 GST/HST Interpretation 8358/HQR0001964 - Central Billing Allowances

Interpretation Requested You would like to confirm that the CBA would not be regarded as consideration for a taxable supply of services. ... Interpretation Given Based on our understanding of the arrangements between the parties, it is our view that the CBA is not consideration for a taxable supply of services. ... Since it is our position that the CBA would not be regarded as consideration for a taxable supply of services, no tax would have been payable in respect of the CBA. ...
GST/HST Ruling

16 June 2000 GST/HST Ruling 8335/HQR0001941 - Application of GST/HST to a Cost Sharing Agreement

As this service is a taxable supply, the consideration paid for this service would be subject to tax at a rate of 7% pursuant to subsection 165(1) of the ETA. ... Therefore, it is our view that the payment is consideration for a supply. ... As the Town does not consume, use or supply the construction service in the course of making a taxable supply for consideration, it would not be eligible for ITCs. ...
GST/HST Ruling

22 August 2001 GST/HST Ruling 33030 - Transfer of Latecomer Fees

On XXXXX, XXXXX transferred these roads (XXXXX) and infrastructure consisting of drainage work and paving to the Municipality for no consideration. 2. ... Pursuant to paragraph 152(1)(c) of the Excise Tax Act (ETA), where a supplier does not issue an invoice, consideration for a taxable supply becomes due on the earliest of the day the recipient is required to pay that consideration to the supplier under an agreement in writing. Therefore, when the Municipality transfers the latecomer fees to XXXXX pursuant to the Agreement, the GST should be collected and remitted by XXXXX as these payments are consideration for its supply of construction services to the Municipality. ...
GST/HST Ruling

6 August 2002 GST/HST Ruling 34606 - Application of the GST/HST to Annual or Block Fees

Consideration for uninsured services may be charged directly to patients at the discretion of the physician. ... Annual or block fees are consideration payable by a patient for the "right" to future services. ... Therefore, the annual or block fee represents consideration for a taxable supply. ...
GST/HST Interpretation

18 July 2002 GST/HST Interpretation 33784 - Application of GST/HST to Supported Independent Living Services

When payments are received from a government, there is always a possibility that the payment is a grant rather than consideration for a supply. ... We have enclosed Technical Information Bulletin B-067, Goods and Services Tax Treatment of Grants and Subsidies, to assist you in determining whether the payments you receive are grants or consideration. If the Province were giving you grants, your supplies of arranging for, described above, would be considered made for no consideration. ...
GST/HST Interpretation

19 September 2003 GST/HST Interpretation 41939 - Application of GST to Clearing and Settlement Fees Charged to Introducing Brokers

When the carrying broker executes a trade and performs clearing services in respect of that trade on behalf of the introducing broker, and charges a single fee per trade for both services, this fee is paid in consideration for an exempt financial service (Paragraphs 123(1)(d) and (l) of the definition of "financial service"), as both services provided by the carrying broker are an integral part of the arranging for the transfer of ownership of a financial instrument. 2. ... When the introducing broker executes its own trades but relies upon the carrying broker to perform clearing services for a fee per trade, the fee paid for the clearing services provided by the carrying broker is paid in consideration for a taxable administrative service. 5. When the introducing broker executes its own trades but relies upon the carrying broker to perform clearing services for a fee per trade, in addition to paying a minimum flat fee per month for clearing services, both fees paid for the clearing services provided by the carrying broker are paid in consideration for a taxable administrative service. ...
GST/HST Ruling

3 June 2003 GST/HST Ruling 45698 - Recovery of the Goods and Services Tax on Certain Road Construction Projects

A municipality will be involved in a commercial activity and will be entitled to claim ITCs if it is making supplies of taxable construction services to a third party for consideration. ... That is, XXXXX has not incurred these costs in order to make taxable supplies for consideration but rather, is participating in these projects in the course of its ongoing municipal activities. ... The costs it incurs in the course of these projects are not inputs to any taxable supply made by XXXXX for consideration. ...
GST/HST Ruling

28 February 2003 GST/HST Ruling 39945 - Recovery of the Goods and Services Tax on Certain Road Construction Projects

In the situation described above, XXXXX has incurred GST on the consideration paid for construction services undertaken by XXXXX. However, the information provided does not indicate that XXXXX has acquired these services for consumption use or supply in the course of making taxable supplies for consideration. ... In the present situation, XXXXX is paying consideration for taxable construction services provided by the Province. ...
GST/HST Ruling

23 December 2002 GST/HST Ruling 38588 - Property Taxes as Additional Rents

Explanation Subsection 165(1) requires that every recipient of a taxable supply made in Canada is required to pay tax equal to 7% of the value of consideration for the supply. ... Since the lessee's payment is part of the consideration for a taxable supply, it is subject to GST/HST in the same way as the basic rent payable by the lessee. ... Accordingly, the amount paid by the Tenant as property taxes is additional consideration for a taxable supply made by the Landlord and is subject to the GST. ...

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