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GST/HST Interpretation

28 September 1998 GST/HST Interpretation HQR0001103 - GST Treatment of Recreation Centres Supplied Concurrently with Residential Complexes

In other words is the deposit part of the consideration for the residential complex? ... XXXXX, stipulates that all the rents payable are consideration for the supply of the land and common areas. Thus each type of rent established by the lease constitutes part of the consideration for that supply regardless of the specific expense to which the rent is attributable. ...
GST/HST Ruling

21 December 1999 GST/HST Ruling 8282/HQR0001888 - Tax Status of Supplies by

The consideration charged by XXXXX includes an amount for the reimbursement of the medical practitioner's charges and an amount in respect of XXXXX fee for providing this service. ... The tax is calculated on the value of the consideration for this service which includes the amount for the reimbursement of the medical practitioner's charges and an amount in respect of XXXXX fee. ... As there are no exempting provisions in the ETA that apply, the HST at the rate of 15% is collectible on the consideration charged by XXXXX for facilitating the medical examinations and drug screening tests. ...
GST/HST Interpretation

6 August 1999 GST/HST Interpretation HQR0001779 - Repairs of Leased Vehicles and Insurance Claims

In this particular case, the recipient is the person who is liable to pay the consideration for the supply of the repair services. It is a question of fact as to who is liable to pay the consideration for the supply (i.e., the recipient of the supply). ... The act of paying the GST/HST does not make the lessor liable to pay the consideration for the supply. ...
GST/HST Interpretation

7 May 1999 GST/HST Interpretation HQR0001534 - Transfer of Beneficial Interest

This transfer may or may not be for consideration based on fair market value or for nil or nominal consideration. ... The supply of the life estate and the supply of the fee simple in remainder of the XXXXX acre parcel deemed under section 269 of the Act to be made by the estate to XXXXX and XXXXX, respectively, are further deemed by that section to be for consideration equal to the amount determined under the Income Tax Act to be the proceeds of disposition of those interests in the property. ... Accordingly, section 155 of the Act would deem the consideration to be equal to the present fair market value of the remainder interest. ...
GST/HST Interpretation

24 March 1999 GST/HST Interpretation HQR0001567 - Cow/Calf Leasing Arrangements

The payment of a fixed amount from the Operator to Owner, is viewed as consideration for the lease of zero-rated farm livestock pursuant to the operation of subsection 136(1) and section 1 of Part IV of Schedule VI. ... The calves represent consideration for the lease of zero-rated farm livestock pursuant to the operation of subsection 136(1) and section 1 Part IV of Schedule VI. ... Owner pays a fixed amount to the Operator as consideration. Owners owns all calves produced from these cows. ...
GST/HST Interpretation

12 April 2000 GST/HST Interpretation 8394/HQR0002000 - Sale-leaseback Arrangements - Entitlements to ITCs

The Purchaser/lessor is a wholly-owned subsidiary of the Registrant, whose business is the holding of properties to be leased, for consideration, to the Registrant. ... These subsections require that a person determine whether it acquired or imported property or services, for the purpose of an endeavour that involves the making of supplies for consideration. ... The information you provided on behalf of your client is that the Purchaser/lessor's business consists of the holding of properties to be leased, for consideration, to the Registrant and that the Purchaser/lessor is charging GST on the rental fee. ...
GST/HST Ruling

3 February 2000 GST/HST Ruling 13484 - Application of the GST/HST to Memberships of a Non-profit Organization

In addition, where a non-profit organization's total revenues from taxable supplies in a particular calendar quarter exceed the small supplier threshold of $50,000, the non-profit-organization ceases to be a small supplier immediately before the consideration becomes due or is paid for the particular taxable supply that puts the person over the $50,000 small supplier threshold. ... These "allowable benefits" are: 17(a)           the right to receive an indirect benefit intended to accrue to all members collectively; 17(b)           the right to receive investigation, conciliation, or complaint-settlement services supplied by the body for issues involving members; 17(c)           the right to vote at or participate in meetings; 17(d)           the right to receive or acquire property or services for consideration equal to the fair market value of the property or services at the time the supply is made; 17(e)           the right to receive a discount on the fee paid for a supply provided by the organization where the total value of all such discounts to which a member is entitled is insignificant in relation to the membership fee; and 17(f)           the right to receive periodic newsletters, reports or publications for which the value is insignificant in relation to the consideration paid for the membership, or that provide information on the activities of the body or its financial status, other than newsletters, reports or publications the value of which is significant in relation to the consideration for the membership and for which a fee is ordinarily charged by the body to non-members. ... That is, subsection 188(3) provides that where a competitor in a competitive event contributes an amount to the prizes to be given to competitors, the contribution shall be deemed not to be consideration for a supply and no GST will apply. ...
GST/HST Ruling

17 October 2002 GST/HST Ruling 37298 - Communication Services Supplied by The

In the present situation, it is our view that the Communication Packages and the accommodation are not provided for a single consideration. That is, separate consideration is payable for each of the Communication Packages. ... Accordingly, since separate consideration is charged for the Communication Packages, the provisions of section 138 cannot apply to deem them to be part of the supply of accommodation. ...
GST/HST Ruling

17 July 2002 GST/HST Ruling 35326 - Application of the GST/HST to the Supply of Services by Private Companies to Municipal Transit Services for the Physically Disabled

Ruling Given Based on the facts set out above, we rule that the payments made by the City to the contractors with respect to the XXXXX system are consideration for a taxable supply. Pursuant to subsection 165(1) of the ETA, the City as recipient of a taxable supply is required to pay tax in respect of the supply calculated at the rate of 7% on the value of consideration for the supply. ... Your submission referred to the possibility that the payments made by the City to contractors under the XXXXX system were grants made in the public interest and not consideration for a taxable supply. ...
GST/HST Interpretation

8 January 2003 GST/HST Interpretation 43463 - Payments Made to Clergy, Church Organists and Soloist/Musicians

For your information, GST/HST does not apply to a donation where the donation is not consideration for a supply. If a donor receives something of value, the amount of the donation could be considered consideration for a supply. A gift at common law is considered a voluntary transfer of property without consideration. ...

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