Subsection 273(1) - Joint Venture Election
See Also
River Cree Resort Limited Partnership v. Canada, 2023 FCA 130
The owner and operator of a casino resort (“River Cree”) agreed with the owner of ATMs (“Access Cash”) which, in turn, had access to the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Financial Service - Paragraph (a) | a supply to an ATM owner was the location rather than cash loaded onto the ATM | 385 |
Medallion Corporation v. The Queen, 2018 TCC 157
The appellant (“MC”) entered into 10 agreements each entitled “Joint Venture Agreement” (JVA) with corporations with which it did not deal...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Supply | property manager's share of rents in rental JV was not taxable consideration | 371 |
Lau v. The Queen, [2007] GSTC 171, 2007 TCC 718
The appellant was the director of a corporation ("Golden Leaf" - confusingly referred to in the reasons for judgment as "GL Trust") which was a...
DeWinter v. Consolidated Food Brands Inc. (1998), 43 B.L.R. (2d) 106 (B.C.S.C.)
A terminated sales agent claimed that he was engaged in a joint venture with the company whose products he had been distributing, so that he had a...
Westcan Malting Ltd. v. The Queen, [1998] G.S.T.C. 34
In order that the appellant (“Westcan”) could be assisted in building a malting plant near the Village of Alix, Alberta, the Village received...
Central Mortgage & Housing Corporation v. Graham, 43 D.L.R. (3d) 686, 1973 Canlii 1244 (N.S.S.C.)
The plaintiff (“CMHC”) had sued for foreclosure with the purchaser (the Grahams) counter-claiming for alleged defects in the building against...
Administrative Policy
23 March 2023 GST/HST Ruling 244917 - GST/HST implications of constructing a laneway house
Two individuals (A and B) acquired a residential property as joint tenants and entered into the “Agreement” with third parties (the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(1) | joint tenants of a newly-constructed residence are each responsible for the GST/HST on 100% of the property’s FMV | 488 |
| Tax Topics - Excise Tax Act - Section 222 - Subsection 222(1) | deemed trust applied to each joint tenant regarding the full amount of self-supply tax under s. 191(1) on the whole property | 259 |
| Tax Topics - General Concepts - Ownership | each joint tenant owns the entire property | 105 |
7 April 2022 CBA Roundtable, Q.11
Can a joint venture made under a single written agreement have multiple operators for different elements of the joint venture, for example a...
10 May 2022 GST/HST Interpretation 234662 - Ability for a joint venture operator to credit GST/HST new housing rebates to purchasers of residential condominium units
Two affiliated companies (Companies X and Y) contributed the Joint Venture Lands (held by NomineeCo through a bare trust agreement) to the Joint...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Builder - Paragraph (a) | operator under JV for condo development with co-ownership interest in lands qualified as a builder | 337 |
| Tax Topics - Excise Tax Act - Section 254 - Subsection 254(4) | operator with co-ownership interest in JV condo development lands could credit new housing rebate to purchasers | 333 |
27 February 2020 CBA Roundtable, Q.20
Further to 2018 CBA Roundtable, Q.11, will a marginal interest (e.g. 0.001%) in a joint venture allow a nominee to be considered to be a...
27 February 2020 CBA Roundtable, Q.18
Where a valid s. 273 election was in place with respect to an ongoing joint venture, and a new co-venturer purchased an interest in the joint...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 240 - Subsection 240(1) | retroactive registration unavailable on the basis of purchasing an interest in a JV that is subject to a s. 273 election | 117 |
| Tax Topics - Excise Tax Act - Section 167 - Subsection 167(1.1) - Paragraph 167(1.1)(a) - Subparagraph 167(1.1)(a)(iii) | s. 167(1.1)(a)(iii) only applicable where both parties are not registrants | 26 |
27 February 2020 CBA Roundtable, Q.12
Medallion expanded the concept of a “participant” beyond CRA’s administrative definition of that term, by characterizing a person who...
27 February 2020 CBA Roundtable, Q.8
Where a person is the operator of a joint venture for the construction of a multiple-unit residential complex by virtue of having managerial or...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(3) | construction manager as operator for construction of MURC does not report the s. 191(3) self-supply | 157 |
28 February 2019 CBA Roundtable, Q.23
Medallion appears to widen the concept of a “participant” to a person contributing property management services alone. The appellant had no...
May 2017 CPA Alberta Roundtable, GST/HST Q.3
The construction of a pipeline likely would qualify as “the construction of real property … including … development activities” under the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Regulations - Joint Venture (GST/HST) Regulations - Section 3 - Subsection 3(1) - Paragraph 3(1)(a) | construction of a pipeline can qualify | 99 |
8 March 2018 CBA Commodity Tax Roundtable, Q.11
Does a nominee title holder of the joint venture property that makes a small financial contribution to the joint venture, in exchange for a small...
Excise and GST/HST News No. 103, December 2017
Guidelines for distinguishing joint venture from partnership
The guidelines set out in P-171R may be used to help determine the existence of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Schedules - Schedule V - Part II - Section 1 - Institutional Health Care Service | 101 | |
| Tax Topics - Income Tax Act - Section 96 | 79 |
14 October 2016 Interpretation 170549
ACo and BCo, which were co-tenants of a property in construction held through a Nominee made a s. 273 election in year X + 2 designating ACo as...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 240 - Subsection 240(3) - Paragraph 240(3)(a) | nominee accepted as registrant | 156 |
| Tax Topics - Excise Tax Act - Section 169 - Subsection 169(1) | agent could not claim ITCs | 157 |
| Tax Topics - General Concepts - Agency | co-owners required to report pro rata portions of sale made by their agent | 195 |
May 2016 Alberta CPA Roundtable, GST Q.3
Can a "bare trustee" qualify as an operator where, in fact, there is no bare trust for ITA purposes? CRA responded:
Where the only function of a...
26 February 2015 CBA Roundtable, Q. 13
Q.1 Can a written agreement, that describes the relationship between the participants as co-ownership of property (rather than as a joint...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 33(2) | 2 related agreements qualify as “an agreement” | 133 |
26 February 2015 CBA Roundtable, Q. 12
Q.1 Corporation A, which has no employees other than an officer, is designated as the operator of a joint venture under an agreement in writing...
2 December 2014 Interpretation 164212
Various JVs among co-owners were engaged in land development, the construction and sale of new homes and commercial leasing with title being held...
17 July 2014 Interpretation 152176
Landowner made its real property available for the installation of solar panels and related equipment by the Investor (who retained ownership...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Regulations - Joint Venture (GST/HST) Regulations - Section 3 - Subsection 3(1) - Paragraph 3(1)(e) | solar panel electricity generation | 108 |
12 July 2013 Interpretation Case No. 152393
Six persons enter into a real estate joint venture (JV-1) but do not make a s. 273 election. The same six persons form a new joint venture (JV-2)...
GST/HST Notice 284 "Bare Trusts, Nominee Corporations and Joint Ventures" February 2014
After repeating its position that participants in joint ventures may not elect "for a nominee corporation or bare trust to be the operator of the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 177 - Subsection 177(1.1) | agent not entitled to ITCs | 113 |
| Tax Topics - Excise Tax Act - Section 240 - Subsection 240(3) - Paragraph 240(3)(a) | taxable supply of nominee services | 63 |
| Tax Topics - General Concepts - Agency | acquisitions of agent those of principal | 116 |
CBAO National Commodity Tax, Customs and Trade Section – 2013 GST/HST Questions for Revenue Canada, Q. 30.
CRA is not revisiting its policy that a nominee generally will not qualify as a participant in a joint venture, and considers the statement in Lau...
28 March 2013 Interpretation Case No. 151697
After stating that the typical nominee company "does not qualify as a participant for purposes of the joint venture election because it does not...
21 January 2013 Interpretation Case No. 146302
In finding that a nominee corporation was not eligible to be the operator of a joint venture, CRA stated:
Where the person has engaged no staff to...
26 November 2012 Interpretation Case No. 148931
In response to a question as to "whether a bare trust or nominee corporation can be an operator of a joint venture for purposes of section 273 of...
10 May 2011 Headquarters Letter Case No. 103495
Other municipalities make payments to Municipality A under a joint venture agreement in order to fund designated portions of operating deficits of...
19 December 2008 Ruling Case No. 106868 [purchases of JV interest not covered/mutual control requirement]
Upon the purchase by participants from XX of an undivided interest (UDI) in a project for the development of land as commercial use lots, they...
8 March 2007 Canadian Bar Association Commodity Tax Section Roundtable, Q. 30
Q.30 – Joint Venture
….[T]he bare trustee is not seen as carrying on any commercial activity with respect to the trust property, and it is...
26 May 2006 Ruling Case No. 51850 [operator enters into contracts or is responsible for payments]
Before ruling that s. 273(1)(a) applied to deem goods or services acquired by co-venturers to be acquired by the operator and not the...
9 March 2006 Canadian Bar Association Commodity Tax Section Roundtable, Q. 23
…a bare trustee is not seen as carrying on any commercial activity with respect to the trust property, and thus is not eligible to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 240 - Subsection 240(1) | 0 | |
| Tax Topics - Excise Tax Act - Section 240 - Subsection 240(1) | 27 |
16 July 2003 Interpretation Case No. 43760
In finding that an arrangement did not qualify as a joint venture, CRA stated:
Based on caselaw, the following set of guidelines can be used to...
27 February 2003 Canadian Bar Association Commodity Tax Section Roundtable, Q. 13
…Where a nominee company is registered and is named the operator, it must be responsible for the managerial or operational control of the joint...
14 February 2001 GST/HST Interpretation 15317 - Whether Two or More Operators May Make an Election Under Section 273 of the ETA
Company A and Company B, who hold the petroleum rights to an area under separate permits, plan to conduct exploration, development and production...
P-171R "Distinguishing Between a Joint Venture and a Partnership for the Purposes of Section 273 Joint Venture Election" 24 February 1999
Definitions of joint venture and partnership
To determine whether a particular relationship is a joint venture or a partnership, the...
11 February 1994 Interpretation 11660-1/0703
Various tenants in common entered into a joint venture agreement to build and operate a commercial building on land they held through a nominee...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 167 - Subsection 167(1) | transfer of co-ownership interest in commercial real estate JV | 147 |
P-138R "The Effect of Making a Joint Venture Election on a Participant's Ability to Register and Claim Input Tax Credits"
Subject to the exception provided for in subsection 141.01(7)..., where a joint venture operator and another participant (called a co-venturer)...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 141.01 - Subsection 141.01(7) | 202 |
P-106 "Administrative Definition of A 'Participant' in a Joint Venture"
Extension of "participant" to manager
"Participant" means:
"(a) a person who, under a joint venture agreement evidenced in writing, makes an...
Articles
Ian V. MacInnes, "GST/HST Joint Venture Election", CCH Canadian Real Estate Income Tax Guide, No. 90, April 2012, p. 1
"There would seem to be a reasonable basis to take the position that a Nominee constitutes a participant in a joint venture through the mere act...
Dennis Wyslobicky, "GST and Real Property", 2004 Commodity Tax Symposium, under "5. Real Property Joint Venture - Start-ups".
Forms
GST21 "Election Or Revocation of an Election to have the Joint Venture Operator Account for GST/HST"
This form must be completed for each...
Subsection 273(4)
Administrative Policy
May 2019 CPA Alberta CRA Roundtable, GST Session – Q.18
Joint venture participants, who had not made a joint venture election, purchased real estate collectively through a representative who was...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 221 - Subsection 221(2) | CRA may consider assessing the purchaser directly where the vendor was misled in relying on s. 221(2) | 93 |
| Tax Topics - Excise Tax Act - Section 296 - Subsection 296(1) - Paragraph 296(1)(b) | CRA might assess purchaser directly where vendor had innocently relied on s. 221(2) | 101 |
26 February 2015 CBA Roundtable, Q. 15
Would the “temporary administrative tolerance” in Notice No. 284 extend to a registered bare trustee filing the returns in a real estate...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 156 - Subsection 156(4) | backdated elections | 53 |
P-187 "Prescribed Form for Joint Venture Elections," 16 October 1997
As a result of the requirement that an effective date be specified, the participants in the joint venture may complete the election form after the...
Subsection 273(5) - Joint and Several Liability
Forms
GST21 "Election Or Revocation of an Election to have the Joint Venture Operator Account for GST/HST"
All electing participants—operator and...