Search - considered

CRA essentially confirmed this interpretation, stating: While a change in use of 10% or more is normally considered to be a significant change in use (i.e. because section 197 considers any change of less than 10% to be insignificant), section 141 nevertheless considers that the entire use of the capital property is not commercial activities. ...

7 April 2022 CBA Roundtable, Q.3-- summary under Real Property Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Real Property two annexation tests for determining whether personal property has become a fixture CRA confirmed that since appliances and common area furniture and equipment that are acquired in connection with the construction of, say, a residential complex such as an apartment building and which do not become fixtures, will be considered to have been acquired for the purpose of the intended exempt rental of the completed units, so that no input tax credits will be available. ...

In this context, the CRA would consider the construction of an addition to a multiple unit residential complex (MURC) that expands the building envelope of the existing MURC to be the construction of one or more “residential units” as defined in subsection 123(1) of the ETA. b) An internal reconfiguration of units within a MURC which results in new residential units but which does not expand the building envelope is not considered to be the construction of an addition to a MURC. c) Where there is a construction of an addition to a MURC requiring self-assessment under subsection 191(4) of the ETA, the fair market value of the addition under paragraph 191(4)(e) of the ETA would not include the land if the addition to the MURC is constructed on land that is contiguous to the existing building and that was reasonably necessary for the use and enjoyment of the existing building as a place of residence for individuals. ...

Since NewCo thus is not considered to have constructed or substantially renovated the residential complex, it is not a “builder” under paras. ...

Generally, a supply of intangible personal property is considered to relate to tangible personal property if the intangible personal property relates to specific tangible personal property. ...

GST/HST Technical Information Bulletin B-092, Substantial Renovations and the GST/HST New Housing Rebate, January 2005-- summary under Substantial Renovation Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Substantial Renovation Recap of s. 123(1) definition In other words, a substantial renovation is considered to have taken place where all or substantially all of the interior of a building, with the exception of certain structural components (the foundation, external walls, interior supporting walls, roof, floors and staircases), has been removed or replaced. ...

Any postponement under this subsection requires approval of the appropriate delegated authority … Specific to the postponement of GST/HST amounts owing which have been objected to, where the taxpayer is unable to provide security in a form and amount satisfactory to the Minister, postponement will only be considered where: the registrant remains current with tax compliance requirements for all associated accounts the GST/HST amounts in dispute have not already been collected by the registrant at all times during the objection and/or appeal, the business remains in good financial standing the registrant provides relevant information after an assessment is raised that may result in the assessment being overturned the registrant’s objection and/or appeal identifies reasonable differences in the interpretation of the legislation the registrant has Canadian-based assets The decision to postpone collection action without the acceptance of security is a local business decision made on a case-by-case basis, based on the facts of each specific account. ...

CRA indicated: When there is a disposition of a capital interest in a trust because of a distribution from a trust, the purchaser for s. 116 purposes is considered to be the trust or estate. ...

Ex. 1 A non-resident lessor (with a leasing business outside Canada) is considered to be carrying on business in Canada by virtue of a sale-leaseback transaction under which it purchases a conveyance from a resident registrant, with delivery under the sale agreement and under the lease-back to the resident (who will use the conveyance partly in Canada) occurring in Canada, notwithstanding no other significant connecting factors to Canada. ...

Instead, as the employer, partnership, charity or public institution would be considered to be the recipient of the supply, the usual rules for determining whether that person was eligible to claim ITCs or rebates would apply. ...