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GST/HST Interpretation

27 May 1994 GST/HST Interpretation 11745-5[2] - Application of the GST to Prepaid Funeral Arrangements

No money for consideration is paid from B to A relating to the assignment. 3. ... b) If so, what is the value of consideration? If value is determined to be the amount transferred, what are the ramifications for grandfathered funerals? ... Given that B has accepted the assignment from A and, notwithstanding that there are no changes to the plan, B, the new supplier, is required to charge GST on the value of the consideration for the supply of the funeral service as provided for in the prearranged funeral plan. ...
GST/HST Interpretation

9 September 1994 GST/HST Interpretation 1994-09-09[1] - Surface Lease Agreements

As you have noted, Q & A number 6 A.340 states that where the total amount is itemized separately, only the amount which is consideration for the right to enter onto the land is covered by subsection 162(1). ... The consideration for the subsequent years is calculated based on the loss of use, adverse effect and severance, and other factors if applicable. ... In addition, it does not appear that, in this example, the elements used to calculate the consideration are properties or services provided to (i.e. supplies made to) the Lessee. ...
GST/HST Interpretation

1 May 1996 GST/HST Interpretation 11585-17[1] - Lease Assignment Agreement Between

. •   The assignment of the collateral (defined above) by the Assignor is in consideration of the advance, by the Assignee, of the principal amount, and a further amount of XXXXX due and payable on the 1st day of April, 1996 •   Pursuant to the agreement, the Assignor will observe all obligations binding upon it as lessor under the lease, and will save the Assignee harmless from all liability with relation to the lease. •   The Assignor will also collect the lease payments on the Assignee's behalf and will cause the equipment to be insured. ... If the lease does not terminate early, title to the equipment will be reconveyed automatically by the Assignee to the Assignor in consideration and satisfaction of the XXXXX[.] •   The Assignee covenants that upon payment in full of the lease payments and the other payments, it will cancel this assignment agreement, prepare and deliver to the Assignor such discharge documents required to discharge the agreement and any security registration documents filed. ... Our conclusion is based on the fact that the agreement includes provisions that are indicative of the transfer being done for the purposes of securing a loan, such as the following in Schedule A: "the assignment of the collateral by the Assignor is in consideration of the advance by the Assignee, of the principal amount... and a further amount of XXXXX... due and payable on the 1rst day of April 1996" the following in clause 8, which provides that the Assignee will: "apply any Lease Payments or any other payments received by it (from the Lessee, the Assignor or otherwise) first to the payment of accrued interest, then to the payment of other amounts then due and then to the outstanding principal owing the Assignee, and to pay the excess to the Assignor". the following in clause 4 which provides that upon payment in full of the Lease Payments, the Assignee shall: "cancel this Agreement and deliver all such cancelled documents to the Assignor... and deliver to the Assignor such discharges and other documents as the Assignor may reasonably require to discharge this Agreement and any security registration statements filed in connection therewith" and the provisions in subclauses 17(2) and ss. 17(3) which provide that at the expiry of the term of the lease, title to the property will be reconveyed to the Assignor in full consideration for and satisfaction of the XXXXX[.] ...
GST/HST Interpretation

29 June 1995 GST/HST Interpretation 1995-06-29 - The Application of the GST to the Compensation and Distribution of Monies Between an Associate Dentist (Associate) Working for a Host Dentist (Host)

The value of the consideration for the goods and services supplied by the host should be determined by calculating the difference between the amounts billed either to the patient or the dental plan carrier and the amount the associate either retains for himself or is remunerated by the host. ... If the associate pays the agreed upon percentage to the host, the associate is liable to pay the GST on that amount, if the host retains an agreed upon percentage, then the host is liable to withhold and remit the GST calculated on the amount of consideration withheld. 2. ... However, in a situation where an "associate", "independent contractor" or other similar arrangement is in effect, the facts may reveal there is a supply being provided for consideration and this is subject to the GST at 7%. 4. ...
GST/HST Interpretation

9 August 1996 GST/HST Interpretation 11650-9[6] - Proposed Amendment to Section 153 - The "Trade-in Approach"

Proposed subsection 153(4) of the ETA provides rules in respect of calculating the value of the consideration for a supply of tangible personal property made by a supplier. The proposed subsection reduces the value of the consideration for such a supply (where all the other conditions of the subsection have been met). The amount of the reduction is equal to the value of the consideration for the trade-in. ...
GST/HST Interpretation

1996 GST/HST Interpretation 1996[2] - Refunds of the Goods and Services Tax

If you refund all or part of the consideration that relates to your supply of a tour package or air only transportation to your customer who has cancelled their trip, then you may provide a refund or adjustment of the GST to your customers, provided you issue a credit note. ... If your customer has purchased trip cancellation insurance, and it is through that insurance that your customer obtains a "refund", then no adjustment or refund of GST is permitted since no adjustment was made to the consideration for the tour package or air transportation. ... If the contract for the supply of the block of seats to you by the airlines allows for adjustments to consideration if a passenger (to whom XXXXX has sold a tour package or only air transportation) cancels, then the airline may make an adjustment to the GST corresponding to 7% of the adjustment to the consideration. ...
GST/HST Interpretation

5 November 1997 GST/HST Interpretation HQR0000237 - Agency and Contractor Purchases on Behalf of Owners

On the other hand, when a contractor who is not acting as agent invoices an owner for reimbursement of an amount, the reimbursement is treated as being part of the consideration for the service supplied by the contractor to the owner. If this service is determined to be a supply of a service that is taxable at seven percent or fifteen percent, as part of the consideration for the service, the reimbursement will also be taxable at seven percent or fifteen percent, as the case may be. ... However, where the contractor is not acting as agent, the consideration for the medical equipment will form part of the consideration for the services provided by the contractor and will be subject to GST/HST in the same manner as the contractor's services. ...
GST/HST Interpretation

28 August 1997 GST/HST Interpretation HQR000573 - Lease Inducements Paid to Medical Clinics

Is the $35,000 paid to the medical clinic consideration for a taxable supply or an exempt supply? ... The $35,000 amount paid to the medical clinic as lease inducement is consideration for the supply of entering into a lease, a taxable supply from the lessee to the lessor. ... The above taxable supply results in the loss of the small supplier status for the medical clinic because the consideration for the supply is more than $30,000. 3. ...
GST/HST Ruling

18 April 1997 GST/HST Ruling HQR0000533 - Application of the GST to the Supply of Trade Units by a Member of an Organized Trade Exchange

(If a signed trade slip is not submitted to the XXXXX head office within XXXXX, XXXXX has the right to reverse authorization, in which event, it will be the responsibility of the supplier to collect another form of consideration from the purchaser.)      ... Ruling Given Trade dollars are not subject to the GST when used by a member as consideration for a supply of property and/or service irrespective of whether or not the member is a registrant for purposes of the GST. The amount of GST payable on the supply of a particular property or service is not affected when a member uses trade dollars as consideration for that particular supply. ...
GST/HST Interpretation

20 February 1997 GST/HST Interpretation HQR0000012 - Application of GST to Coupon Booklets to be Redeemed for Air Transportation

Any additional further consideration, such as Air Transportation Tax collected at the time that the coupons are redeemed, would also be subject to the GST. ... Subsection 168(1) states that GST is payable in respect of a taxable supply on the earlier of the day that consideration for the supply is paid and the day consideration for the supply becomes due. ... However, any additional future consideration for the air transportation services would be subject to the GST. ...

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