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Rationale DEF has acquired the right to explore for or exploit a forestry resource, and the royalty payment that DEF makes to ABC for the timber is considered to be a fee or royalty charged or reserved in respect of the right to explore for or exploit a natural resource. ... Where a person does not receive title to the timber and provides a service of cutting trees, the person is not considered to be exploiting a forestry resource for purposes of section 162. ... This does not include the supply of the PEAW set out in section […] of the agreement which is considered a taxable supply that is subject to the GST where the supply is made in a non-participating province. ...

However, sections […] provide that, since the Agreement is a financial arrangement intended to be compliant with the Islamic faith, at no time will the Agreement be considered a partnership or landlord/tenant arrangement. b) Recital […] defines Musharaka, for purposes of the Agreement, as a contract entered into by [FinanceCo] and the Purchaser for the purpose of purchasing a property (Property), inclusive of the right of possession and occupation for the Purchaser, with an agreed upon profit (Profit) for [FinanceCo] and an agreement for the Purchaser to buy [FinanceCo’s] ownership interest in the Property over time. c) Recital […] and section […] require that the Purchaser has executed an agreement of purchase and sale (APS) for the purchase of the Property, which is to be used by the Purchaser for commercial use or to be leased out by the Purchaser as a multi-family dwelling. The APS will form Schedule […] to the Agreement. d) Recital […] requires that the Purchaser has requested that [FinanceCo] purchase a percentage interest in the Property and concurrently agreed to repurchase [FinanceCo’s] ownership interest, subject to the Agreement, and “to this end this shall be considered a final and binding contract of purchase and sale as between [FinanceCo] and the Purchaser….”. e) Under sections […], the Purchaser will contribute an amount toward the initial purchase of the Property under the APS, which represents a specified percentage of the purchase price. ... If any applicable GST/HST is not paid by the Purchaser on the closing of the purchase transaction, the CRA would not pursue [FinanceCo] for the GST/HST owing and that, for the purpose of dealings with the CRA, [FinanceCo] would be considered a lender and not a co-owner. 3. ...

If a person is designated to be a municipality for particular exempt municipal services that it supplies, the person is considered to be a municipality only for the purpose of the PSB rebate and only for those particular exempt municipal services. ... Gross revenue includes business income, revenues from taxable and exempt supplies, donations, grants, gifts, property income, investment income and any amount considered a capital gain less any amount considered a capital loss from the disposal of property for income tax purposes. ...

Where the electronic book is not restricted from being used in Canada, the supply is considered to be made in Canada and the entire voluntary payment would be subject to GST/HST unless zero-rated. ... A supply of a digitized product made by electronic means is considered to be a supply of IPP for GST/HST purposes that would be a taxable supply when made by a person other than a registered charity. ... Under this provision, a supply of IPP (e.g., an electronic book) is considered to be made in a province if the place of negotiation of the supply is in the province and the IPP may be used otherwise than exclusively (i.e., 90% or more) outside the province. ...

., a monthly filer, may be considered to have filed the return in time for the reporting period ending on June 30, 1998, if it was filed on July 20, 1998, as required by subsection 238(1). ... TPR adjustments are not considered Tax Returns. For any subsequent amendments to the GST returns filed, your attention is drawn to GST Guide RC4022 General Information for GST/HST Registrants: "If you need to make a change to any return you have sent us, do not file another return. ... The transactions referred in situation 2 are considered wash transactions. ...

Whether services performed by the Dealer for the Investment Manager are considered to be a single supply or multiple supplies is a question of fact. ... A service performed by a person that is the "arranging for" a financial service is also considered to be a financial service under paragraph (l) of the definition in subsection 123(1). ... In determining if an intermediary's service is included in paragraph (l), all of the facts surrounding the transaction, including the following factors, must be considered: • the degree of direct involvement and effort of the person in the provision of a financial service referred to in any of paragraphs (a) to (i); • the time expended by the intermediary in the provision of a financial service referred to in any of paragraphs (a) to (i); • the degree of reliance of either or both the supplier and the recipient on the intermediary in the course of providing a financial service referred to in any of paragraphs (a) to (i); • the intention of the intermediary to effect a supply of a financial service referred to in any of paragraphs (a) to (i); and • the normal activities of an intermediary in a given industry (including whether the intermediary is engaged in business of providing financial services). ...

Improvements to capital real property The new recreational complex would generally be considered an improvement to the Property. ... Subsection 141.01(3) provides that a person is considered to use property (e.g., capital real property) in commercial activities only to the extent that the property is used for the purpose of making taxable supplies for consideration in the course of an endeavour of the person. ... While paragraph (c) of the description of element B in subsection 169(1) provides that the ITC is based on the extent of use of the property in commercial activities, the "primary use" rules in section 199 must be considered in determining the extent of use in commercial activities. ...

An "excluded activity" is generally an activity that is normally carried on by an employer for purposes other than for administering a pension plan; accordingly, excluded activities are not considered "pension activities". ... Regarding items 1 and 18, to the extent that the costs of these employer resources are charged against Plan assets for the provision of information to employees concerning their contributions, they would be considered as being in respect of the establishment, management or administration of a Plan or a pension entity of the Plan, and would be a "pension activity" in respect of the Plan. ... Pension entities of pension plans having one or more plan members residing in a particular HST province and one or more plan members residing in any other province would generally be considered to be an SLFI under proposed subsection 225.2(1). ...

In these circumstances, the opinion would be considered a separate taxable supply. •   Also, many agreements provide for separate agreements to be made with respect to additional services. ... Position Taken •   By way of summary of the key issues to be addressed in determining the GST treatment of the M&A services in the engagement letters provided, it is first necessary to determine whether the transaction to be undertaken by XXXXX client will be an exempt supply of financial instruments. –   If the contemplated transaction will be the exempt supply of financial instruments, and XXXXX is playing an integral part in bringing the parties together, so that they are arranging for this transaction, and this is the predominant element of the services they are providing, in terms of tasks performed and time expended, they would be considered to be making an exempt supply. Otherwise, they would be considered to be making a taxable supply of advisory services. –   If the ultimate transaction is known, at the outset, to be a taxable supply (e.g. supply of assets), XXXXX services would constitute a supply taxable at the zero or standard rates. •   On the other hand, if the ultimate transaction by XXXXX client is not known, then at least part of XXXXX services will consist of advising on the form that the ultimate transaction should take. •   In any case, the onus would be on XXXXX to establish that the contemplated transaction was an exempt supply of financial instruments, and that the predominant element of its supply consisted of arranging for this transaction. •   To the extent that the exempt status of the services provided by XXXXX was determined after initial payments were made, the initial payments should have been characterized as being on account of a taxable supply, and tax would have become payable in accordance with section 168, but this tax could be recovered as tax paid in error. •   To the extent that a fairness opinion is provided as a separate (taxable) supply, timing of liability to pay tax would follow from the provisions in section 168; tax would be payable on the earlier of consideration being paid, and becoming due. ...

If each "input" into the service is in fact considered to be a separate supply, then the registrant believes that the cash flow guarantee service should be exempt under paragraph 123(1)(e) of the definition of financial service since it is guaranteeing a line of credit to the limited partnership and not a specific level of income. ... In accordance with policy statement P-077 "Single and Multiple Supplies", the factors to be considered include: 1. ... Ltd. case reinforces the principle that a transaction will not normally be considered to be a loan unless the person receiving the funds is under some obligation to return those funds. ...