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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). ...

It is your view that the scenario is analogous to the situation of a trade-in with a lien in that the buyout of the existing lease and subsequent sale, at a loss, should be considered a separate financing transaction. ... TIB B-084 states: "Where a lessee is obligated under the terms of a lease agreement to pay the lessor for any shortfalls below the guaranteed amount in the vehicle's value at the termination of the lease period, any shortfall in that amount is considered for GST/HST purposes to be additional consideration paid in respect of the vehicle. ... It is your view that the scenario is analogous to the situation of a trade-in with a lien in that the buy out of the existing lease and subsequent sale, at a loss, should be considered a separate financing transaction. ...

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. ...

In addition, if XXXXX is faced with residual liability, the issue of novation would have to be considered. ... On this basis, XXXXX would be considered the recipient. Where XXXXX and a Shipper are unable to agree on the amount to be paid and XXXXX either chooses to deliver make-up gas obtained from a third party source or to pay the specified price in accordance with XXXXX of the Extraction Agreement, and provided that XXXXX has indicated to the Shipper that it intends to perform one of these options, it is likely that the obligations assumed by XXXXX will again be enforceable by the Shipper. ... We have not considered whether this has occurred since this is beyond the scope of ARR 1. 2. ...

Where an analysis of the above factors does not resolve the issue, the following additional questions should be considered: 1. ... One of the key factors considered in this analysis is whether students are given the choice of acquiring one element (instruction) without acquiring the other element (lesson materials and, where applicable, compulsory audiocassettes or compulsory videocassettes). ... Furthermore, the proportion of the cost attributable to each element of the supply is not to be used in itself to determine the nature of the supply, although it is a factor that must be considered. ...

The Pro Rata Payments made by Members/Shareholders to XXXXX would be considered as periodic rental payments related to the supply referred to in No. 1; that is, a supply of a Campsite by XXXXX to its Members/Shareholders which is exempt under subparagraph 7(b)(ii) of Part I of Schedule V to the Act. ... Although the sale of shares in XXXXX may be considered a supply of a "membership" as defined in subsection 123(1) of the Act, this does not necessarily preclude the application of the exemptions found in Schedule V of the Act if the specific exemption therein applies. ... In this particular case, we have already explained that the supply of the Campsites by XXXXX to its Members/Shareholders would be considered as a supply which is similar to an arrangement by way of lease. ...

A club is considered to be a person for GST purposes separate from the individuals who are members of the club. ... Therefore, XXXXX is the recipient of the supply of snow-ploughing services under the snow-removal agreements and the snow-ploughing services are considered as having been supplied to XXXXX by the owner/operators and clubs. ... For GST purposes the consideration for the supply of a service is considered to have become payable on the earlier of 1) the day the supplier first issues an invoice for the supply, 2) the date of the invoice, 3) the day the supplier would have, but for an undue delay, issued an invoice for the supply and 4) the day the recipient of the supply is required to pay the consideration to the supplier pursuant to an agreement in writing. ...

Hence, if the remaining hotel property is converted on a unit by unit basis, the changeinuse rules would only come into effect at the time the changes of the use of the property can cumulatively be considered 10% or more of the total use of the property. ... In the absence of any actual use of the property, issues such as the completion of renovations, architectural plans, marketing and advertising as well as proposed rental agreements would be considered in determining the property's intended use. ... The Act does not contain any specific guidelines for determining the method for prorating the value or extent of the use of the property being used in commercial activities, however, any method which is considered to be fair and reasonable in the circumstances will generally be accepted. ...

Courses leading to the Private Pilot Licence and the Recreational Pilot Permit are considered to simply allow the holder to operate a particular mode of transportation for personal use (similar to a private passenger vehicle licence). ... Thus, private and recreational pilot lessons are not considered to develop or enhance students' occupational skills and revenues derived therefrom will not be included in the revenue calculation as revenues derived from, or related to, instruction in courses that develop or enhance students' occupational skills. Where a flight school derives most of its revenue from the provision of private and/or recreational pilots' lessons, the school will not be considered to be operated primarily to provide instruction in courses that develop or enhance students' occupational skills. ...