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Scraped CRA Website
ARCHIVED - Election by Professionals to Exclude Work in Progress from Income
An election filed with an amended return for the year will be considered invalid and will not be recognized. ... Where an election under paragraph 34(a) is in force at the time a sole proprietor, partnership or corporation disposes of or ceases to carry on a designated professional business or a part of that business and, at that time or some time thereafter, part or all of the work in progress in respect of which the election had been made is sold, subsection 23(3) provides that this work in progress is to be considered inventory notwithstanding that its value had previously not been taken into account in the annual determination of income. ...
Scraped CRA Website
ARCHIVED - Transfers and loans of property made after May 22, 1985 to a related minor
(Prior to May 23, 1985 loans that were not considered genuine (see IT-260R) were treated as transfers but this distinction is no longer necessary.) ... Where depreciable property is transferred to a related minor and the minor has other property of the same class as the property transferred, in computing the income or loss from the property attributed to the transferor (a) a reasonable portion of the capital cost allowance claimed by the minor in respect of the class (which portion may not exceed the maximum capital cost allowance that would be deductible in respect of the transferred property if the property were in a separate class) may be deducted, and (b) a terminal loss or recapture of capital cost allowance which arises and would otherwise be included in computing the income of the minor in respect of the class of depreciable property should be taken into account to the extent that such amount can reasonably be considered to relate to the transferred property. ...
Scraped CRA Website
Installments (GST 500-2-2)
" Act " means the Excise Tax Act; " associated persons " persons are considered to be associated in the following circumstances: (a) a particular corporation is associated with another corporation if, by reason of subsections 256(1) to (6) of the Income Tax Act, the particular corporation is associated with the other corporation for the purposes of that Act; (b) a person other than a corporation is associated with a particular corporation if the particular corporation is controlled by the person or by a group of persons of which the person is a member and each of whom is associated with each of the others; (c) a person is associated with: (i) a partnership if the total of the shares of the profits of the partnership to which the person and all other persons who are associated with the person are entitled is more than half of the total profits of the partnership, or would be more than half of the total profits of the partnership if it had profits; and (ii) a trust if the total of the values of the interests in the trust of the person and all other persons who are associated with the person is more than half of the total value of all interests in the trust; and (d) a person is associated with another person if each of them is associated with the same third person; " calendar quarter " means a period of three months beginning on the first day of January, April, July or October in each calendar year; " Departmen t" means the Department of National Revenue, Customs and Excise; " fiscal month " of a person means a period that is determined under section 243 of the Excise Tax Act to be the fiscal month of the person; " fiscal quarter " of a person means a period that is determined under section 243 of the Excise Tax Act to be the fiscal quarter of the person; " fiscal year " of a person means (a) where the person has made an election under section 244 of the Excise Tax Act that is in effect, the period that the person elected to be the fiscal year of the person, and (b) in all other cases, the taxation year of the person; " Minister " means the Minister of National Revenue; " person " means an individual, partnership, corporation, trust or estate, or a body that is a society, union, club, association, commission or other organization of any kind; " prescribed " means (a) in the case of a form, the information to be given on a form or the manner of filing a form, prescribed by the Minister, and (b) in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation; " registrant " means a person who is registered, or who is required to apply to be registered, under sections 240 and 241 of the Excise Tax Act; " reporting period " of a person means the reporting period of the person as determined under sections 245 to 251 of the Excise Tax Act; " taxation year " of a person means (a) where the person is a taxpayer within the meaning of that term in the Income Tax Act, the taxation year of the person for the purposes of that Act, and (b) in any other case, the period that would be the taxation year of the person for the purposes of that Act if the person were a corporation. ... Pursuant to subsection 280(4) of the Act, penalty and interest payable in respect of instalments not paid by the due date of the net tax on account of which the instalment was payable will be considered to be an amount of net tax not remitted and will, therefore, continue to be subject to penalty and interest until paid. 23. ...
Current CRA website
Cancellation of Registration
Amalgamation s 271 If two or more corporations amalgamate, the successor company is a new entity and is considered to be a person separate and distinct from each of its predecessor corporations. ... Generally, when a person ceases to be a registrant, any property held by the person for consumption, use or supply in a commercial activity is considered to have changed to non-commercial use. ...
Scraped CRA Website
Tax Treatment of Imported Computer Software
The Canadian purchaser is the importer and therefore responsible for paying the GST under Division III of the Excise Tax Ac t if the software is considered to be "imported goods" within the meaning of section 212. ... Division III- GST charged by Customs Value for duty of disk $18.00(Canadian) GST ($18.00x7%) $1.26 (b) Since the licensed custom software is considered to be intangible personal property and this supply is not acquired for use exclusively in the course of commercial activities of the recipient, the Canadian licensee (the financial institution) is required to self-assess the tax under Division IV on the amounts paid to the non-resident supplier in respect of the software. ...
Scraped CRA Website
Single and Multiple Supplies
To be considered incidental, a supply generally plays only a minor or subordinate role in relation to the provision of another supply. ... The provision of the educational service can be considered to be a supply distinct and independent from the supply of the books. ...
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Harmonized Sales Tax: Ontario New Residential Rental Property Rebate
Smith is considered to have made a taxable self-supply (sale and repurchase) of the lot when he gives possession of the lot to Mr. ... Smith is considered to have paid and collected HST at 13% on the fair market value of the lot. ...
Scraped CRA Website
Ontario and British Columbia: Transition to the Harmonized Sales Tax - Tour Packages
The subsequent supplier would then be considered the first supplier of the tour package. ... Because the transitional rules apply to this sale and only the GST had been charged on the original purchase of the tour package, the second tour operator is considered the first supplier of the tour package. ...
Scraped CRA Website
Newspaper Carriers
Under these conditions, for GST/HST purposes, the carriers are considered not to have made any sales of newspapers to their customers. ... A carrier is considered to have sold the newspaper and received the GST/HST at the time the money is removed from the newspaper box. ...
Current CRA website
Exports - Determining Residence Status
Further, according to general legal principles, a corporation that is not incorporated in Canada may still be considered a resident of Canada, if the central management and control of the activities of the corporation is exercised in Canada. ... Appendix A Satisfactory evidence as proof of non-residence in Canada The following example of written documentation, to be kept on file, will generally be considered satisfactory to the Minister of National Revenue as certification that the person to whom the supply is made is not resident in Canada: (a) In the case of a non-resident individual: I,_________________________, (name and complete address of individual) certify that I am not resident in Canada for purposes of the Excise Tax Act. ...