The term added property refers to tangible personal property or software that is a component part or is property (such as a label or a screw) that is incorporated or combined with other property. Added property also includes packing materials used in packing other goods. With the use of a valid Export Distribution Centre (EDC) certificate, a registrant is entitled to import, or acquire in Canada, property for use or supply as "added property" without having to pay the GST/HST.
It does not include goods or software added to capital property you own or to any of your property that is not for sale.
An allowance means any payment, periodic or otherwise, which you as a member of a partnership receive from the partnership, in addition to your partnership income, without having to account for its use. A reasonable allowance is not included in your income for income tax purposes. For example, you usually do not include an allowance for a motor vehicle in your income when it is based solely on a reasonable per-kilometre rate.
For GST/HST purposes, an associate is generally used to describe a voluntary relationship between persons where one controls the other. An association may exist, for example, between two or more corporations, between an individual and a corporation, or between an individual and a partnership or trust. Also, a person is associated with another person if each of them is associated with the same third person.
A band-empowered entity is a corporation, board, council, association, society, or other organization that is owned or controlled by a band, a tribal council, or a group of bands other than a tribal council. This policy is applicable to those band-empowered entities situated on a reserve. A band-empowered entity is considered to be situated on a reserve when the entity maintains a presence on reserve.
An entity is considered to be owned by a band, a tribal council or a group of bands other than a tribal council if:
An entity is considered to be controlled by the band, tribal council or group or bands if:
Band management activities are activities or programs undertaken by a band or band-empowered entity that are not commercial activities for which they would otherwise be entitled to an input tax credit (ITC). In determining whether the acquisition of a supply is for band management, the output of the activity or program will be the determining factor, as opposed to the objectives of the activity or program. For example, a band's objective or program may be to provide employment and training to band members. To achieve this objective, the band may form a commercial enterprise which will provide on-the-job training and also create employment. Although the band's objective is to train persons, the output is a commercial activity for which there is an entitlement to ITCs. As a result, supplies acquired for use in this band program are not considered to have been acquired for use in band management activities.
Bank, in respect of a fiscal year, means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act; but does not include an insurer.
Basic service means a type of service that could be performed in a customs bonded warehouse. You do not have to actually perform the service in a customs bonded warehouse, but you should be able to perform it on the goods in their present stage of processing, and in a customs bonded warehouse. Basic services include the following:
Basic tax content of a property generally means the amount of GST/HST that you paid on the property, and on any improvements to the property, less any amounts that were reimbursed to you (such as rebates or remissions, but not input tax credits). You also have to consider the fair market value of the property as well as the value at last acquisition (including any improvements).
A builder is a person who is in the business of constructing or substantially renovating houses on land owned or leased by that builder. The term "builder" may also include the following:
A business may include a profession, calling, trade, manufacture or undertaking of any kind, whether or not the activity or undertaking is performed for profit. It also includes any activity done on a regular and continuous basis that involves providing of property by way of lease, licence or similar arrangement, but does not include an office or employment.
A calendar quarter means a period of three consecutive months ending on the last day of any of the following months: March, June, September, or December.
Calendar year is a year that begins on January 1 and ends on December 31.
Camping accommodation means a campsite at a campground or recreational trailer park that is rented continuously as a place of lodging for periods of less than one month to the same individual. It includes water, electricity and waste disposal services, if accessed by means of an outlet or hook-up at the campsite and if provided with the campsite.
Canadian partnership means a partnership each member of which is a corporation or a partnership and is resident in Canada.
A capital personal property includes depreciable property that is eligible or would be eligible for a capital cost allowance for income tax purposes. It also includes any personal property, except depreciable property, the sale of which would give rise to a capital gain or loss for income tax purposes. For GST/HST purposes, capital personal property does not include property in Classes 12, 14, or 44 of Schedule II to the Income Tax Regulations.
For GST/HST purposes, is based on the meaning of the term for income tax purposes. It is:
Capital property is property that you buy for investment purposes or to earn income from its use rather than its sale. It may include real property, such as land or a building, or personal property, such as equipment or machinery that a business uses in its commercial or exempt activities.
Carrier means a person who supplies freight transportation services, whether that person actually performs the services or not. A person needs only to accept responsibility as the supplier of the freight transportation service to be considered the carrier.
Notes
A person who has a contract with a shipper to move the shipper's goods from one place to another is still considered to be a carrier of the goods, even if the work is subcontracted to another person who actually performs the entire freight transportation service.
For GST/HST purposes, a person does not need a carrier licence to be a carrier. For example, if independent owner-operators of highway tractors and courier vehicles provide freight transportation services, they are carriers whether or not they are required by law to be licensed as carriers.
Certified amount is the part of the purchase price (excluding any GST/HST and provincial tax) that the supplier has certified as being reasonably attributable to special features that have been incorporated into, or adaptations that have been made to, the vehicle for the purpose of its use by or in transporting an individual using a wheelchair, or to equip the vehicle with an auxiliary driving control that allows an individual with a disability to operate it.
Charity means a registered charity or registered Canadian amateur athletic association for income tax purposes, which has a registration number that allows it to issue official receipts for income tax purposes. A charity does not include a public institution for GST/HST purposes, however, it can include an incorporated city, town, village, metropolitan authority, township, district, county or rural municipality.
Claim period of a person at any time means:
(a) where the person is at that time a registrant, the reporting period of the person that includes that time; and
(b) in any other case, the period that includes that time and consists of either:
(i) the first and second fiscal quarters in a fiscal year of the person; or
(ii) the third and fourth fiscal quarters in a fiscal year of the person.
A particular Canadian partnership and another Canadian partnership are closely related if all or substantially all of the interest in the other Canadian partnership is held by:
Two Canadian partnerships are also closely related to each other if one:
A Canadian partnership is considered to be closely related to a particular corporation if one of the following applies:
Generally, two corporations are considered to be closely related if at least 90% of the value and number of the issued and outstanding shares of the capital stock of one of the corporations, having full voting rights under all circumstances, are owned by:
Commercial activity means any business or adventure or concern in the nature of trade carried on by certain persons, but does not include:
However, commercial activity includes a supply of real property, other than an exempt supply, by any person, whether or not there is a reasonable expectation of profit, and anything done in the course of making the supply or in connection with the making of the supply.
Commercial service performed on goods generally means any service performed on the goods, other than:
A consignee is a person to whom the goods are to be delivered.
Constructive importer means the person to whom a specified supply of goods is made outside Canada and who does not provide the goods outside Canada before their release under the Customs Act.
Consumer refers to a particular individual who acquires or imports property or a service for his or her personal consumption, use, or enjoyment, or for the personal consumption, use, or enjoyment of another individual at the particular individual's expense. The particular individual does not use the property or service in commercial activity or to make an exempt supply.
A continuous freight movement means the transportation of goods by one or more carriers to a destination specified by the shipper of the goods, where all freight transportation services supplied by the carriers are supplied due to instructions given by the shipper of the goods.
Continuous outbound freight movement means the transportation of goods by one or more carriers from a place in Canada to a place outside Canada, or to another place in Canada from which the goods are to be exported. After the shipper transfers possession of the goods to a carrier, and before the goods are exported, the goods cannot be further processed, transformed, or altered in Canada, except to the extent necessary to transport the goods.
A convention is a formal meeting or assembly that is not open to the general public. However, a convention does not include a meeting or assembly mainly intended to:
A convention facility is any premises leased or provided under a licence to a sponsor or organizer of a convention for use exclusively as the site for the convention. It includes the sites that are made available to the exhibitors at the convention.
Co-operative housing corporation (co-op) is one that is established to provide a residential unit to its members by way of lease, licence or similar arrangement for occupancy as a place of residence. A co-op operates at or near cost and at least 90% of its members are individuals or other co-ops. None of its members (except other co-op corporations) have more than one vote in the affairs of the co-op.
A corporation is a group of people authorized to act as an individual, recognized by law as a single entity in business. That entity can enter into contracts and own property. A corporation can incorporate at either the federal, provincial or territorial level and is identified by the terms "limited", "LTD", "Incorporated", "Inc.", "Corporation", or "Corp.". Whatever the term, it must appear with the corporate name on all documents, stationary, and so on, as it appears on the incorporation document.
A coupon is a document or other device, such as a voucher, receipt, or ticket that can be redeemed for a product or service or can be used to buy a product or service, but does not include a gift certificate or a barter unit.
A courier means a commercial carrier that is engaged in scheduled international transportation of shipments of goods other than goods imported by mail.
Customer's goods mean another person's goods that you import or take possession of in Canada and for which you provide a service or process with added property.
Designated charity is a charity (within the meaning assigned by the subsection 248(1) of the Income Tax Act) that provides employment assistance to individuals with disabilities, supplies services that are performed by such individuals to clients, and has been approved by the Minister of National Revenue to make its supplies of these services taxable when provided to a GST/HST registrant.
Designated municipal property refers to property of a person who is, at any time, designated to be a municipality for purposes of claiming the public service bodies' rebate. Generally, it is property, or an improvement to it, that the person intended, at the time of acquisition to consume, use or supply more than 10% in activities specified in its designation and an amount in respect of the property or improvement to it has been included in the person's calculation of non-creditable tax charged. Once property qualifies as designated municipal property, it is always treated as such. This definition came into force on February 1, 2004.
Designated municipality refers to a person that is designated to be a municipality for purposes of claiming the public service bodies' rebate, but only in respect of activities specified in the designation that involve the making of supplies (other than taxable supplies) by the person of municipal services.
Destination relating to a continuous freight movement of goods means the place specified by the shipper (usually on the bill of lading) where possession of the goods is transferred to the person to whom the goods are consigned or addressed by the shipper.
Direct input means property or a service other than:
(a) an excluded input;
(b) an exclusive input; or
(c) a non-attributable input.
Distribution has the same meaning assigned in subsection 55(1) of the Income Tax Act. A distribution is the direct or indirect transfer of property of a corporation to one or more of its corporate shareholders such that each transferee corporation that receives property on the distribution receives its pro rata share of each type of property owned by the disrupting corporation immediately before the distribution.
Domestic inventory of a person means tangible personal property that the person acquires in Canada, or acquires outside Canada and imports, for the purpose of selling the property separately for consideration in the ordinary course of a business carried on by the person.
A duplex is a residential complex situated on a single legal land description that contains not more than two residential units where each unit contains private kitchen facilities, a private bath and a private living area. This includes a single-family house that has a separate apartment for rent. For purposes of the new residential rental property rebate, references to a single unit residential complex include a duplex.
An election is a way for businesses and organizations to choose various options that may make it easier to comply with the GST/HST. These options allow you to adapt the administrative requirements of GST/HST to your business activities. Each election has its own eligibility requirements.
Eligible capital property generally means property that does not physically exist but that gives you a lasting economic benefit. Some examples are goodwill, or franchises, concessions or licenses for an unlimited period.
As a general rule, established community means a body of people who reside in the same locality and who are permanently settled in that location. A location will not be considered an established community if it lacks essential services at the location (for example, a basic food store, a basic clothing store with merchandise in stock (not a mail-order outlet), access to housing, certain medical assistance, and certain educational facilities), or if such services are not available within a reasonable commuting distance.
Excluded input means capital property of a person or any property or service that is acquired, imported, or brought into a participating province by the person for use as an improvement to the capital property.
Exclusive in respect of the consumption, use, or supply of property or a service by a person (other than a financial institution) means all or substantially all of the consumption, use, or supply of the property or service. For a financial institution, exclusive in respect of the consumption, use, or supply of a property or a service means 100% of the consumption, use, or supply.
Exclusive input means property or a service (other than an excluded input) that a person acquired, imported, or brought into a participating province for the person's consumption or use:
Exempt supplies are goods and services that are not subject to GST/HST. GST/HST registrants cannot claim input tax credits to recover the GST/HST they paid or payable on expenses related to making these supplies.
Export revenuemeans revenue from:
Export revenue does not include revenue from the sales of:
Export revenue percentage is your total export revenue divided by your specified total revenue.
An external supplier can be a charity, a public institution or a qualifying non-profit organization (other than a hospital authority or a facility operator), that makes ancillary supplies, facility supplies, or home medical supplies.
Facility operator means a charity, a public institution, or a qualifying non-profit organization (other than a hospital authority), that operates a qualifying facility.
Fair market value of property or a service supplied to a person means the value of the property or service without reference to any tax excluded by section 154 from the consideration for the supply.
Financial institution, at any time, means a person who is at that time a financial institution under section 149.
Finished inventory means goods that are in the state in which you will sell them or use them as added property in the course of your business.
The FNGST is a 5% tax on taxable supplies of goods and services on certain First Nations lands. This tax applies when a band council, or other governing body, of a First Nation passes its own law imposing FNGST. The Canada Revenue Agency administers FNGST on behalf of the First Nation.
The FNT is a tax on the sale of listed products on some First Nations reserves. Some band councils have passed bylaws that impose FNT on listed products. A listed product refers to alcoholic beverages, fuel, and tobacco products that are specifically mentioned in the band bylaw.
Fiscal year means, where a person has elected to change their fiscal year, the period that the person elected to be the fiscal year of the person, and, in all other cases, the tax year of the person.
A floating home is a structure that is made up of a floating platform and a building that is permanently affixed to the floating platform and that is designed to be occupied as a place of residence for individuals. A floating home does not include any freestanding appliances or furniture sold with the structure, and it cannot be readily adapted for self-propulsion (it is not a house-boat or pleasure craft).
Foreign convention is a convention held in Canada where:
Freight transportation service means the movement of goods by rail, water, highway, or air. It includes postal and courier services, as well as incidental property or services supplied by a carrier, such as warehouse, packing, and loading services, whether or not a separate charge is made for them. These incidental charges may be subject to GST/HST, or zero-rated depending on the GST/HST status of the basic freight charge.
In accounting terms, goodwill is the excess of the purchase price of a business over the fair market value of the net assets of the business.
Government refers to the federal, provincial or territorial levels of government.
Government funding refers to an amount of money (including a forgivable loan) that is easily identifiable and is paid by a grantor:
A grantor means:
Gross revenue includes business income, donations, grants, gifts, property income, and investment income, less any amount considered a capital loss for income tax purposes. You can determine your gross revenue by referring to your Form T3010B, Registered Charity Information Return, that you file for income tax purposes:
Whether your charity is incorporated or unincorporated, you have to use the gross revenue of your organization as a whole (the legal entity) to determine if you qualify as a small supplier under this test.
The annual limit for the gross revenue test for a charity is $250,000. When calculating your gross revenue for this test, you do not have to determine if the goods and services you sell or provide are subject to GST/HST. The test works as follows:
The GST (goods and services tax) is a tax that you pay on most goods and services sold or provided in Canada. In Newfoundland and Labrador, Nova Scotia, and New Brunswick, the GST has been blended with the provincial sales tax and is called the HST (harmonized sales tax).
Hospital authority means an organization that operates a public hospital and that is designated by the Minister as a hospital authority for GST/HST purposes.
Generally, a house includes a detached or semi-detached house, a condominium unit, a townhouse, a unit in a co-operative housing corporation, a mobile or modular home, a floating home, or a duplex. It may also include nearby buildings such as a detached garage or shed, plus the land around and underneath them all, up to half a hectare (1.23 acres) or more in some cases (for example, when a municipality imposes a minimum lot size or where excess land is necessary to access public roads) that is reasonably necessary for the use and enjoyment of the house as a place of residence.
It may also include a bed and breakfast, a hotel, a motel, an inn, a boarding or lodging house, or similar structures where rooms are rented for short term accommodation to the public. To be eligible for a new housing rebate in these cases, the building has to be used more than 50% as a place of residence by you or a relation, either individually or in combination. If 50% or less of the house that includes the bed and breakfast is used as your primary place of residence, or that of a relation, only the part that is the primary place of residence will be eligible for the new housing rebate.
Import means import into Canada.
Improvement to a capital property is generally any property or service acquired or imported by a person to improve the capital property when the amount paid or payable for that property or service is included in the adjusted cost base of the capital property for income tax purposes.
Incentive house or incentive travel company is a business that assembles some or all of the elements of an incentive trip by buying them from travel service providers (for example, airline companies and hotels) and offering them for sale to another business. The incentive house bills the client for these costs along with its service charge. The client in turn offers the incentive trip to its employees or sales agents. In some cases, an incentive house may qualify as an organizer of a convention.
Incentive travel or incentive trip is a trip that a business offers as an award to recognize or reward the productivity of its employees or sales agents. It may include business meetings, seminars, or conventions, as long as the participants are all from the same organization. If an incentive trip includes business meetings, the meetings may qualify as a convention. In this case, an in-house planner can be a sponsor.
An Indian is a person who is registered under the Indian Act. An Indian does not have to live or maintain a residence on a reserve. Such a person may be issued a Certificate of Indian Status by the Department of Indian Affairs and Northern Development.
An Indian Band, for purposes of the GST/HST, includes both a band council and a tribal council. The band council is the primary unit of an Indian government. A tribal council is another level of Indian government. It is a grouping of bands with a common interest who have joined together to provide advisory or program services for two or more bands. Band council members compose the tribal council Board of Directors.
In-house planner is a member or employee of a business who organizes a business meeting or incentive trip for the business. The business cannot be a travel service provider. However, it may buy services directly from travel service providers, or buy all or part of a tour package from an incentive house or travel organizer. An in-house planner can be a sponsor of a convention, if the business meeting it organizes qualifies as a convention.
ITC means a credit that GST/HST registrants can claim to recover the GST/HST they paid or payable for goods or services they acquired, imported into Canada, or brought into a participating province for use, consumption, or supply in the course of their commercial activities.
Insurer, in respect of a fiscal year, means a person who is licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada an insurance business or under the laws of another jurisdiction to carry on in that jurisdiction an insurance business and carries on, at any time in the fiscal year, an insurance business as its principal business in Canada.
Intangible personal property is generally a right rather than a physical object. It includes such things as contractual rights, options, intellectual property, rights in relation to goods that are not in possession, and other rights that are enforceable by the courts.
For the purposes of this election, a person (corporation or partnership), or a group of persons, holds, at any time, all or substantially all of the interest in a partnership if at that time, the person, or every person in the group, is a member of the partnership and the person is, or the members of the group collectively are, all the following:
A joint venture is an arrangement where two or more persons work together in a limited and defined business undertaking. Ordinarily, all participants of the joint venture contribute assets, share risks, and have mutual liability.
A joint venture agreement is not a continuing relationship between participants. For example, the venture may be for one specific business project. Once the project is completed, the joint venture ceases to exist. Generally, participants in a joint venture name one participant to be the "joint venture operator". This person accounts for the day-to-day operations of the joint venture. The business number (BN) of the operator is used. The operator can add GST/HST and payroll accounts to his/her BN if he/she wants to account for the joint venture activities separate from other activities.
Legal aid plan means a legal aid plan that is administered under the authority of a provincial government.
A limited partnership exists when some are partners and others are limited partners. Partners will operate the business on a day-to-day basis. The limited partners contribute capital, take no part in control or management, and have limited liability for debts.
A LLP has some characteristics of a partnership and a corporation. Normally, professionals such as accountants and lawyers form LLP's. All partnerships should draw up an agreement with the assistance of a lawyer. This agreement is to protect all partners in the event of a disagreement, death of a partner, or closure of the business.
A listed financial institution includes a person that is a chartered bank, an investment dealer, a trust company, an insurance company, a credit union, an investment plan, a tax discounter, or a person whose principal business is lending money.
For an addition to qualify for a new housing rebate, the construction of the addition must change the character of the existing unit to such a fundamental extent that the resulting structure is essentially a new single unit residential complex or residential condominium unit. This fundamental change could mean that the original unit together with the addition form a newly constructed single unit residential complex or residential condominium unit, or that the existing unit was incorporated into the major addition to form the newly constructed single unit residential complex or residential condominium unit.
Membershipincludes a right granted by a particular person that entitles another person to services that are provided by, or to the use of facilities that are operated by, the particular person and that are not available, or are not available to the same extent or for the same fee or charge, to persons to whom such a right has not been granted, and also includes such a right that is conditional on the acquisition or ownership of a share, bond, debenture or other security.
Sales of memberships made by public sector bodies, excluding charities, can be exempt or taxable depending on the type of benefits the members are entitled to. The following benefits are permitted when determining whether sales of memberships made by public sector bodies are exempt:
Memberships in a club are taxable if the main purpose of the club is to provide dining, recreational, or sporting facilities to its members, such as a membership in a golf club for public sector bodies (excluding charities).
The definition of mineral includes the following: ammonite gemstone, bituminous sands, calcium chloride, silica, gravel, coal, kaolin, oil shale, sand and petroleum, natural gas, and related hydrocarbons.
A mobile home is a building, the manufacture and assembly of which is completed or substantially completed, that is equipped with complete plumbing, electrical, and heating facilities. It is designed to be moved to a site for installation on a foundation and connection to service facilities, and to be occupied as a place of residence. This definition also includes a modular home. It does not include travel trailers, motor homes, camping trailers, or other vehicles or trailers designed for recreational use.
Modification service means a service (including parts) performed on a motor vehicle to specially equip or adapt the vehicle for its use by or in transporting an individual using a wheelchair, or to specially equip the vehicle with an auxiliary driving control to allow an individual with a disability to operate it.
A rebate for modification services is only available where the modification services have been performed on a vehicle outside Canada or outside a participating province and brought back into Canada or into a participating province (subject to tax on the value added). Modification services performed within Canada or in a participating province are zero-rated.
Before November 27, 2006, a rebate for a modification service performed outside Canada or outside a participating province and imported or brought back into Canada or into a participating province was not available if the vehicle was used by anyone except to the extent reasonably necessary to deliver it, to import it, or to bring it into NS, NB, or NL:
After November 26, 2006, this restriction has been removed and a vehicle purchased after April 3, 1998, that was used after modification would now qualify for this rebate.
A modular home is considered to be a mobile home for purposes of the GST/HST new housing rebate. A modular home is a factory-built house or building intended for residential occupancy that comprises "modules" with three walls and a roof or ceiling. It has to be equipped with complete plumbing, electrical, and heating facilities, and designed to be moved to a site for installation on a foundation and to be connected to service facilities, and used as a place of residence. In addition, the modules are to be in as finished a condition as possible before leaving the manufacturer's premises, considering that they must be transported.
Multiple unit residential complex means a residential complex that contains more than one residential unit, but does not include a condominium complex. For purposes of this rebate, a multiple unit residential complex does not include a duplex.
Municipality means an incorporated city, town, village, metropolitan authority, township, district, county, rural municipality, or other incorporated municipal body however designated, and any other local authority that the Minister of National Revenue may determine to be a municipality.
Non-attributable input of a person means property or a service that is:
NPO means a person (other than an individual, estate, trust, charity, public institution, municipality, or government) that meets the following conditions:
A non-resident means a person who does not reside in Canada.
The operative extent of a particular property or service is the extent to which the consumption or use of the property or service is for the purpose of making taxable supplies for consideration, or the extent to which the consumption or use of the property or service is for purposes other than making taxable supplies for consideration.
An organizer of a convention is a person (for example, proprietor, partnership, corporation, or association), including a consultant, meeting planner, or incentive travel house, who acquires the convention facility or related convention supplies and organizes the event for a sponsor.
Origin means, for a continuous journey, the place where the passenger transportation service that is included in the continuous journey and that is first provided begins.
Origin of a continuous freight movement means the place where the first carrier engaged in the movement takes possession of the goods being transported.An owner-built home is a home constructed or substantially renovated by the owner of the home, the owner's contractor, or a combination of both.
Participant in a joint venture means either:
Participating province refers to the province of Nova Scotia, New Brunswick, or Newfoundland or Labrador that apply the harmonized sales tax (HST).
A partnership exists when each member shares in the management of the business and has personal liability for the business debts and obligations. Each partner is responsible for the actions of the other partner(s). The partnership itself is the business that receives a GST/HST number, not each partner.
Characteristics of a partnership:
This is an automobile you bought or leased after June 17, 1987. Most cars, station wagons, vans and some pickup trucks are passenger vehicles. It includes any motor vehicles designed or adapted to carry not more than the driver and eight passengers. It does not include an ambulance, hearse, taxi, vehicles held as inventory and vans and pickup trucks with a seating capacity of not more than three people (including the driver) used primarily for the transportation of goods in the course of a business. A van, pick-up truck, or similar vehicle which in the tax year in which it is acquired is used all or substantially all for the transportation of goods, equipment, or passengers in the course of gaining or producing income would not be considered a passenger vehicle.
The percentage of total floor space of a residential unit forming part of a residential complex, or part of an addition to a multiple unit residential complex, is the total square metres of floor space occupied by the unit divided by the total square metres of floor space occupied by all the residential units in the residential complex or addition.
Permanent establishment of a person generally means:
A person means an individual, a partnership, a corporation, the estate of a deceased individual, a trust, or any organization such as a society, a union, a club, an association, or a commission.
Two corporations are considered closely related to each other for the GST/HST if they are each closely related to a third corporation.
A corporation and a Canadian partnership or two Canadian partnerships are considered closely related to each other for this election if they are each closely related to a third corporation or Canadian partnership, or would be considered to be closely related to the Canadian partnership if each member of that partnership were resident in Canada.Place of business means any premises, facility, or installation used to carry on business, whether or not it is used exclusively for that purpose. Premises, facilities, or installations may be considered to be a place of business whether they are owned or rented, or, in some cases, where they are simply available to the business.
For GST/HST purposes, possession generally means you hold, control or occupy the property, that is, you pay property taxes, have the right to alter the land, take control of entry or access, or pay insurance coverage.
A prescribed activity includes:
Exception
Activities relating to the sale or lease of non-residential real property are not prescribed activities when a participant, or anyone associated with or related to a participant, uses all or a portion of the property less than 90% in commercial activity, and the user is not paying rent at fair market value and the tax on that rent.
Prescribed publications include the following:
Primarily generally means more than 50%.
Primary place of residence means a house, owned jointly or otherwise, that is intended to be inhabited by an individual on a permanent basis. The intention to use the residence as a primary place of residence must be evident at the outset of acquiring, constructing or substantially renovating the residence. While an individual may build or acquire a new house in Canada, if his or her primary place of residence remains outside Canada, then the house in Canada would be a secondary place of residence and not qualify for the GST/HST new housing rebate. A person may have more than one place of residence, but is considered to have only one primary place of residence. For purposes of the GST/HST new housing rebate, a person who has more than one place of residence should consider some of the following factors as to whether the residence may qualify as the primary place of residence:
This means that you cannot claim a GST/HST new housing rebate for an investment property or a recreational cottage that is not your primary place of residence.
Procurative extent of property or a service means the extent to which the property or service is acquired, imported, or brought into a participating province:
Proof of occupancy is the documentation that proves you occupy a new house. This proof could be:
Property means any property, whether real or personal, movable or immovable, tangible or intangible, corporeal or incorporeal, and includes a right or interest of any kind, a share and a chose in action, but does not include money.
A public college means an organization that operates a post-secondary college or post-secondary technical institute:
A public institution means a registered charity for income tax purposes that is also a school authority, public college, university, hospital authority, or a local authority determined to be a municipality.
A public sector body means a government or a public service body.
A PSB means a charity, non-profit organization, municipality, school authority, hospital authority, public college, or university.
The purchase price is the total amount paid for a new house less the GST/HST payable. If the new housing rebate was transferred to the builder and is included in the total amount paid, the amount of the rebate must be added to the total amount to determine the purchase price. It does not include land transfer taxes or any provincial sales tax that may be payable.
Qualifying group means:
To determine if corporations or Canadian partnerships are closely related, for the purposes of this election, to other corporations or Canadian partnerships, see the meaning of closely related corporations and closely related Canadian partnerships.
A qualifying institution, for a particular fiscal year, means a financial institution that meets the following requirements in the fiscal year:
A qualifying member of a qualifying group means a registrant corporation resident in Canada or a registrant Canadian partnership:
A qualifying motor vehicle means a motor vehicle that is equipped with a device designed exclusively to assist in placing a wheelchair in the vehicle without having to collapse the wheelchair, or with an auxiliary driving control to facilitate the operation of the vehicle by an individual with a disability.
Note
Before November 27, 2006, a motor vehicle would only qualify if it was new or had not been used since being specially equipped. This restriction has been removed for motor vehicles purchased after April 3, 1998. Beginning on November 27, 2006, you have four years to claim this rebate on a motor vehicle that was purchased after April 3, 1998, and did not previously qualify for this rebate.
Qualifying motor vehicles do not include ambulances, but do include vehicles such as para-transit buses and vans that are specially equipped.
A qualifying NPO is an NPO whose percentage of government funding is at least 40% of its total revenue.
The qualifying portion of basic tax content of a property generally means the basic tax content of the property from which you removed the provincial part of the HST from all of the elements of the basic tax content calculation. For more information, see Technical Information Bulletin B-087, GST/HST New Residential Rental Property Rebate.
A qualifying residential unit means:
In addition, all of the following conditions have to be met:
If substantially all (90% or more) of the residential units of a multiple unit residential complex that contains ten or more residential units meet the one year occupancy requirement, then all of the residential units in the complex are considered to meet the one year occupancy requirement.
Qualifying subsidiary of a particular corporation means another corporation not less than 90% of the value and number of the issued and outstanding shares of the capital stock of which, having full voting rights under all circumstances, are owned by the particular corporation, and includes:
Real property includes:
Recipient of a supply of property or a service means:
(a) where consideration for the supply is payable under an agreement for the supply, the person who is liable under the agreement to pay that consideration;
(b) where paragraph (a) does not apply and consideration is payable for the supply, the person who is liable to pay that consideration; and
(c) where no consideration is payable for the supply:
(i) in the case of a supply of property by way of sale, the person to whom the property is delivered or made available;
(ii) in the case of a supply of property otherwise than by way of sale, the person to whom possession or use of the property is given or made available; and
(iii) in the case of a supply of a service, the person to whom the service is rendered.
A registered charity (within the meaning assigned by subsection 248(1) of the Income Tax Act)is an organization established and operated for charitable purposes, and must devote its resources to charitable activities. The charity must be resident in Canada, and cannot use its income to benefit its members.
A charity also has to meet a public benefit test. To qualify under this test, an organization must show that:
To register as a charity, the organization has to be either incorporated or governed by a legal document called a trust or a constitution. This document has to explain the organization's purposes and structure.
A pension plan may generally be described as an arrangement between an employer and its employees, or between a union and its members, for providing pension benefits to the employees or the union members on retirement. Pension plans are regulated by federal and/or provincial legislation. For purposes of a GST/HST rebate, registered pension plan means a pension plan that has been registered by the Minister for the purposes of the Income Tax Act and whose registration has not been revoked.
A registrant means a person or an organization that is registered, or is required to be registered, for GST/HST. Registrants usually collect and remit GST/HST on their taxable supplies and have to file GST/HST returns regularly.
A reimbursement means a payment you receive from your partnership as a repayment for amounts you spent in connection with your partnership's business. Generally, you complete an expense report detailing the amounts you spent. Usually, a reimbursement is not taxable for income tax purposes, unless it is for payment of your personal expenses.
A relation means an individual related to you by blood, marriage, common-law partnership, or adoption within the meaning of the Income Tax Act. A relation includes a common-law partner, a former spouse or a former common-law partner. "Blood relation" is limited to parents, children, or other descendants or siblings. "Marriage relation" includes your spouse or a person who is connected to your spouse by blood or adoption.
A "reserve" means a reserve within the meaning of the Indian Act, that is, a tract of land which has been set apart for the use and benefit of a band within the meaning of the Indian Act, and equivalent lands under self-government legislation, i.e. the Cree-Naskapi (of Quebec) Act and the Sechelt Indian Band Self-Government Act. "Reserve" also includes "designated land", which, according to the Indian Act, is a tract of land whose legal title remains vested in Her Majesty and in which the band for whose use and benefit it was set apart as a reserve has, otherwise than absolutely, released or surrendered its rights or interests.
A residential complex generally includes a building or part of a building in which one or more residential units are located, along with areas that are reasonably necessary for the use and enjoyment of the building as a primary place of residence for individuals. These include:
A residential complex includes a floating home, a mobile home, and a residential condominium unit, but generally does not include a building or that part of a building that is a hotel, a motel, an inn, a boarding house or similar place.
A residential condominium unit (either an apartment unit or a townhouse) means a residential complex that is a separate unit within a building that is, or is intended to be, a bounded space in a building designated or described as a separate unit on a registered condominium or strata lot plan (or similar plan or description registered under provincial law). A residential condominium unit includes any interest in the common areas as well as land pertaining to the ownership of the unit.
A residential trailer park is a trailer park that includes at least two sites where the following two conditions are met:
This definition also includes any buildings, fixtures, and appurtenances to the park necessary for the use and enjoyment of the sites or for the operation of the park. If a trailer park of a person is next to one or more trailer parks of the same person, all of the trailer parks are taken into account to determine whether the land that includes all of the trailer parks is a residential trailer park.
A residential unit means:
or that part thereof that
Residual input means a direct input or a non-attributable input.
A school authority means an organization that operates an elementary or secondary school in which it provides instruction that meets the standards of educational instruction established by the government of the province or territory in which the school is operated.
In respect of a fiscal year, securities dealer means a person who:
A selected listed financial institution is generally an institution that is a listed financial institution, and it is required to allocate taxable income (or income, if it is an individual, an estate of a deceased individual, or a trust) for income tax purposes between at least one participating province and at least one non-participating province during its tax year and its immediately preceding tax year.
A selected public service body means:
Self-government refund refers to a refund available to a First Nation that has entered into an agreement with the Government of Canada that provides for a refund of GST for goods and services that are acquired for self-government activities. The terms and conditions that apply to the refund of GST are included in each agreement. For example, the Nisga'a Nation and certain Yukon First Nations have entered into such agreements.
A self-contained residence means a residential unit:
A service means anything other than property, money, and anything that is provided to an employer by an employee in the course of employment. Some examples of services include:
The following do not qualify as services as they are property:
Note
Property means any type of property and includes goods and a right or interest of any kind but does not include money.
A shipper of goods means the person who transfers possession of the goods being shipped to a carrier at the origin of a continuous freight movement or a continuous outbound freight movement. For GST/HST purposes, a person cannot be both a shipper and a carrier for the same shipment; the person is considered a shipper only. A shipper does not include a carrier.
A short-term accommodation means an accommodation provided for continuous occupancy by an individual for less than one month and includes:
Short-term accommodation does not include the following:
For the new housing rebate, a single unit residential complex is a housing unit that does not contain more than two residential units, such as a detached single family home, a semi-detached home, an individually owned row house unit (a freehold townhouse), a mobile home, or a floating home. It may also include a duplex or a unit in a cooperative housing corporation. It does not include a residential condominium unit.
It also includes any other residential complex containing one or more residential units rented for short-term accommodation to the public. The complex must also be used primarily (more than 50%) as a place of residence of the owner (an individual), a relation of the owner, or a former spouse or common-law partner of the owner. Short-term accommodations supplied to the public include rooms in a hotel, motel, inn, boarding house, lodging house, or similar premises. For example, a home containing several rooms for rent, as part of a bed and breakfast business, may now be considered a single unit residential complex for purposes of this rebate if the home is used primarily as a place of residence of the individual, a relation, a former spouse or a former common-law partner of the individual.
A single unit residential complex generally includes other structures near or adjacent to the home, such as detached garages or sheds. It also includes the land subjacent and immediately contiguous to the unit that can reasonably be regarded as contributing to the use and enjoyment of the unit as a place of residence. We consider that half a hectare (1.23 acres) of land is generally reasonably necessary for the use and enjoyment of a unit. However, in some cases, more than half a hectare of land may be considered to form part of the complex (such as the minimum lot size imposed by a municipality or excess land necessary for you to access public roads).
A small supplier includes charities, and other public service bodies, that are engaged in commercial activity with revenues from worldwide taxable supplies (not including sales of capital property and financial services) equal to or less than $50,000 in the current calendar quarter and over the preceding four consecutive calendar quarters. The threshold for businesses that are not public service bodies is $30,000. Charities are also small suppliers if they meet the gross revenue test of $250,000 or less.
A sole proprietorship is an unincorporated business owned and managed by one individual.
Sole proprietors are fully responsible for all debts and obligations related to their business. A creditor with a claim against a sole proprietor would normally have a right against all business and personal assets, meaning the creditor could seize some of his personal belongings. This is known as unlimited liability.
The characteristics of a sole proprietorship are:
Specified facility operator means a non-profit organization operating other than for profit, a health care facility, or a part of a facility, that provides residents of the facility who have limited mental or physical capacity for self-supervision and self-care with:
A specified member of a qualifying group means:
Note
Once the reorganization is complete, the temporary member must qualify as a qualifying member to be a specified member and eligible to make this election.
A specified partnership is a selected listed financial institution during a reporting period in a fiscal year that ends in your tax year if the partnership is a listed financial institution described in any of subparagraphs 149(1)(a)(i) to (x) of the Act during the tax year and during the preceding tax year. It also has to qualify as a specified partnership during those two years.
A partnership is a specified partnership during a tax year if it has:
Where members do not have taxable income or income in the year from the partnership business, the determination is made as if the members had taxable income or income from the partnership.
Specified supply means a supply of goods that:
Specified total revenue means revenue from sales you have made in a year, except sales of :
A sponsor of a convention is a person (for example, proprietor, partnership, corporation, or association) who convenes the convention and supplies admissions to it. For example, a sponsor could be an association that holds a conference for its members or a corporation that holds a meeting for its employees.
Note
An in-house planner who organizes a convention will follow the GST/HST and TVQ rules that apply to sponsors.
Stopover is any place where a traveller boards or exits an aircraft, bus, train, boat, or other mode of passenger transportation for any reason other than to transfer to another mode of transportation, or for the mode of transportation to be serviced or refuelled.
Note
A stop between two legs of a journey that is 24 hours or less in not considered a stopover and will not affect whether the legs are part of a continuous journey.
Substantial alteration of property means:
You can use any reasonable method for valuing the goods in finished inventory. However, once you choose a method, you have to use that method each year.
Substantial completion generally means that construction or substantial renovation of a complex is at a stage where you can reasonably inhabit the premises. Minor repairs, adjustments, or outstanding upgrades are not considered to impair the use and enjoyment of the housing unit as a place of residence.
Major changes have to be made to meet the definition of a substantial renovation. In a major renovation project, the interior of a building is essentially gutted. This type of renovation project qualifies as a substantial renovation. Generally, 90% or more of the interior of an existing house is the minimum that has to be removed or replaced to qualify as a substantial renovation (90% test).
Supplier means the person making the supply (for example, the vendor).
A supply means the provision of property or a service in any way, including sale, transfer, barter, exchange, licence, rental, lease, gift, and disposition.
Tax credit amount, for a fiscal year, generally means:
Tax credit rate, for a fiscal year, generally means the percentage that is determined by dividing the tax credit amount for the fiscal year by the total of all amounts each of which is an amount of tax in respect of a supply, importation, or bringing into a participating province of a residual input that became payable during the fiscal year without having been paid before the fiscal year or was paid during the fiscal year without having become payable.
Taxable supplies are goods and services that are supplied in the course of a commercial activity and are subject to GST/HST (including zero-rated supplies).
Temporary member of a qualifying group means a registrant corporation, resident in Canada:
Termination of a continuous journey means the place where the passenger transportation service that is included in the continuous journey and that is last provided ends.
A tour package must be an eligible tour package to qualify for the rebate for tour packages or short-term accommodation for resale as part of a tour package. An eligible tour package must include either short-term and/or camping accommodation in Canada and at least one service. Examples of services would be transportation services or guide or interpreter services. In addition, the package must be sold for an all-inclusive price. Packages that include a convention facility or related convention supplies are not eligible tour packages for purposes of the GST/HST rebate.
Travel service providers include travel agents, hotels, air carriers, tour operators, and cruise operators. If you buy travel services or tour packages in the course of your business to resell, we consider you to be a travel service provider.
A tribal council is another level of Indian government. It is a grouping of bands with a common interest who have joined together to provide advisory or program services for two or more bands. Band council members compose the tribal council Board of Directors.
A university means a recognized degree-granting institution or an organization that operates a college affiliated with, or a research body of, such an institution.
Zero-rated supplies refer to a limited number of goods and services that are taxable at the rate of 0%. This means there is no GST/HST charged on the supply of these goods and services, but GST/HST registrants can claim an input tax credit for the GST/HST they pay or payable on purchases and expenses made to provide them.