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Updated: 5 hours 12 min ago

Duties on Transfers of Immovables – Information Provided by Municipalities

Wed, 02/15/2017 - 10:12

Amendments to the Act respecting duties on transfers of immovables were announced in the Budget Speech of March 17, 2016. As a result of these amendments, as of March 18, 2016, municipalities must provide information about transfers of immovables for which a notice of disclosure was filed by the transferee (for example, a purchaser or a donee) in the following situations:

  • a condition for the exemption from the duties on transfers of immovables ceases to be met;
  • the deed ascertaining the transfer of an immovable is not registered in the land register.

The information to be provided by municipalities can only be sent to us by email. Municipalities will receive a letter containing the email address to use. Municipalities can also contact our client services to obtain the address.

A condition for the exemption from the duties on transfers of immovables ceases to be met.

Where, during the 24-month period following the transfer date, a condition for the exemption from the duties on transfers of immovables ceases to be met and a notice of disclosure is filed by a transferee, the municipality must provide the following information from the notice to us:

  • where the transferor (for example, a seller or a donor) is a natural person, the person's last name and first name, and the address of the person's principal residence (or of the address where the account related to duties on transfers of immovables is sent, if that address is different);
  • where the transferor or transferee is a corporation,
    • its name and the address of its head office (or principal place of business),
    • its Québec enterprise number or identification number, if applicable,
    • the name, position and contact information of the persons authorized to act on its behalf;
  • the last names and first names of the professionals involved in the transfer of the immovable;
  • the other particulars required in the application for registration of a deed of transfer in the land register, if they were omitted in the deed ascertaining the transfer of the immovable, that is: 
    • the names of the transferor and the transferee,
    • the address of the transferor's principal residence,
    • the address of the transferee's principal residence,
    • the name of the municipality where the immovable is located, where the latter is not registered,
    • the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee,
    • the amount of the basis of imposition of the duties on transfers of immovables, according to the transferor and the transferee, and, if applicable, the portion of this basis that corresponds to the portion of the transfer that is not exempt,
    • the amount of the duty on the transfer of the immovable,
    • the provision of the Act respecting the duties on transfers of immovables under which, according to the transferee, the latter is exempt from payment of the duty on transfers, if applicable;
  • the date on which the exemption condition ceased to be met.
The deed ascertaining the transfer of an immovable is not registered in the land register.

Where the deed ascertaining the transfer of an immovable is not registered in the land register and a notice of disclosure is filed by the transferee, the municipality must send us the following information contained in the notice:

  • where the transferor or transferee is a natural person, the person's last name and first name, and the address of the person's principal residence (or of the address where the account related to duties on transfers of immovables is sent, if that address is different);
  • where the transferor or the transferee is an organization, a corporation, a partnership, a cooperative, an unincorporated association or a trust,
    • its name and the address of its head office (or principal place of business),
    • its Québec enterprise number or identification number, if applicable,
    • the name, position and contact information of the persons authorized to act on its behalf;
  • the last names and first names of the professionals involved in the transfer of the immovable;
  • the identity of the apparent owner mentioned in the deed registered in the land register;
  • the other particulars required in the application for registration of a deed of transfer in the land register, if they were omitted in the deed ascertaining the transfer of the immovable, that is: 
    • the names of the transferor and the transferee,
    • the address of the transferor's principal residence,
    • the address of the transferee's principal residence,
    • the name of the municipality where the immovable is located, where the latter is not registered,
    • the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee,
    • the amount of the basis of imposition of the duties on transfers of immovables, according to the transferor and the transferee, and, if applicable, the portion of this basis that corresponds to the portion of the transfer that is not exempt,
    • the amount of the duty on the transfer of the immovable,
    • the provision of the Act respecting the duties on transfers of immovables under which, according to the transferee, the latter is exempt from payment of the duty on transfers, if applicable.

For more information, see pages A.75 to A.86 of the Additional Information 2016-2017 (PDF – 2.88 MB) published by the Ministère des Finances or contact our client services.

Duties on Transfers of Immovables – Information Provided by Municipalities

Wed, 02/15/2017 - 10:12

Amendments to the Act respecting duties on transfers of immovables were announced in the Budget Speech of March 17, 2016. As a result of these amendments, as of March 18, 2016, municipalities must provide information about transfers of immovables for which a notice of disclosure was filed by the transferee (for example, a purchaser or a donee) in the following situations:

  • a condition for the exemption from the duties on transfers of immovables ceases to be met;
  • the deed ascertaining the transfer of an immovable is not registered in the land register.

The information to be provided by municipalities can only be sent to us by email. Municipalities will receive a letter containing the email address to use. Municipalities can also contact our client services to obtain the address.

A condition for the exemption from the duties on transfers of immovables ceases to be met.

Where, during the 24-month period following the transfer date, a condition for the exemption from the duties on transfers of immovables ceases to be met and a notice of disclosure is filed by a transferee, the municipality must provide the following information from the notice to us:

  • where the transferor (for example, a seller or a donor) is a natural person, the person's last name and first name, and the address of the person's principal residence (or of the address where the account related to duties on transfers of immovables is sent, if that address is different);
  • where the transferor or transferee is a corporation,
    • its name and the address of its head office (or principal place of business),
    • its Québec enterprise number or identification number, if applicable,
    • the name, position and contact information of the persons authorized to act on its behalf;
  • the last names and first names of the professionals involved in the transfer of the immovable;
  • the other particulars required in the application for registration of a deed of transfer in the land register, if they were omitted in the deed ascertaining the transfer of the immovable, that is: 
    • the names of the transferor and the transferee,
    • the address of the transferor's principal residence,
    • the address of the transferee's principal residence,
    • the name of the municipality where the immovable is located, where the latter is not registered,
    • the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee,
    • the amount of the basis of imposition of the duties on transfers of immovables, according to the transferor and the transferee, and, if applicable, the portion of this basis that corresponds to the portion of the transfer that is not exempt,
    • the amount of the duty on the transfer of the immovable,
    • the provision of the Act respecting the duties on transfers of immovables under which, according to the transferee, the latter is exempt from payment of the duty on transfers, if applicable;
  • the date on which the exemption condition ceased to be met.
The deed ascertaining the transfer of an immovable is not registered in the land register.

Where the deed ascertaining the transfer of an immovable is not registered in the land register and a notice of disclosure is filed by the transferee, the municipality must send us the following information contained in the notice:

  • where the transferor or transferee is a natural person, the person's last name and first name, and the address of the person's principal residence (or of the address where the account related to duties on transfers of immovables is sent, if that address is different);
  • where the transferor or the transferee is an organization, a corporation, a partnership, a cooperative, an unincorporated association or a trust,
    • its name and the address of its head office (or principal place of business),
    • its Québec enterprise number or identification number, if applicable,
    • the name, position and contact information of the persons authorized to act on its behalf;
  • the last names and first names of the professionals involved in the transfer of the immovable;
  • the identity of the apparent owner mentioned in the deed registered in the land register;
  • the other particulars required in the application for registration of a deed of transfer in the land register, if they were omitted in the deed ascertaining the transfer of the immovable, that is: 
    • the names of the transferor and the transferee,
    • the address of the transferor's principal residence,
    • the address of the transferee's principal residence,
    • the name of the municipality where the immovable is located, where the latter is not registered,
    • the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee,
    • the amount of the basis of imposition of the duties on transfers of immovables, according to the transferor and the transferee, and, if applicable, the portion of this basis that corresponds to the portion of the transfer that is not exempt,
    • the amount of the duty on the transfer of the immovable,
    • the provision of the Act respecting the duties on transfers of immovables under which, according to the transferee, the latter is exempt from payment of the duty on transfers, if applicable.

For more information, see pages A.75 to A.86 of the Additional Information 2016-2017 (PDF – 2.88 MB) published by the Ministère des Finances or contact our client services.

Duties on Transfers of Immovables – Information Provided by Municipalities

Wed, 02/15/2017 - 10:12

Amendments to the Act respecting duties on transfers of immovables were announced in the Budget Speech of March 17, 2016. As a result of these amendments, as of March 18, 2016, municipalities must provide information about transfers of immovables for which a notice of disclosure was filed by the transferee (for example, a purchaser or a donee) in the following situations:

  • a condition for the exemption from the duties on transfers of immovables ceases to be met;
  • the deed ascertaining the transfer of an immovable is not registered in the land register.

The information to be provided by municipalities can only be sent to us by email. Municipalities will receive a letter containing the email address to use. Municipalities can also contact our client services to obtain the address.

A condition for the exemption from the duties on transfers of immovables ceases to be met.

Where, during the 24-month period following the transfer date, a condition for the exemption from the duties on transfers of immovables ceases to be met and a notice of disclosure is filed by a transferee, the municipality must provide the following information from the notice to us:

  • where the transferor (for example, a seller or a donor) is a natural person, the person's last name and first name, and the address of the person's principal residence (or of the address where the account related to duties on transfers of immovables is sent, if that address is different);
  • where the transferor or transferee is a corporation,
    • its name and the address of its head office (or principal place of business),
    • its Québec enterprise number or identification number, if applicable,
    • the name, position and contact information of the persons authorized to act on its behalf;
  • the last names and first names of the professionals involved in the transfer of the immovable;
  • the other particulars required in the application for registration of a deed of transfer in the land register, if they were omitted in the deed ascertaining the transfer of the immovable, that is: 
    • the names of the transferor and the transferee,
    • the address of the transferor's principal residence,
    • the address of the transferee's principal residence,
    • the name of the municipality where the immovable is located, where the latter is not registered,
    • the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee,
    • the amount of the basis of imposition of the duties on transfers of immovables, according to the transferor and the transferee, and, if applicable, the portion of this basis that corresponds to the portion of the transfer that is not exempt,
    • the amount of the duty on the transfer of the immovable,
    • the provision of the Act respecting the duties on transfers of immovables under which, according to the transferee, the latter is exempt from payment of the duty on transfers, if applicable;
  • the date on which the exemption condition ceased to be met.
The deed ascertaining the transfer of an immovable is not registered in the land register.

Where the deed ascertaining the transfer of an immovable is not registered in the land register and a notice of disclosure is filed by the transferee, the municipality must send us the following information contained in the notice:

  • where the transferor or transferee is a natural person, the person's last name and first name, and the address of the person's principal residence (or of the address where the account related to duties on transfers of immovables is sent, if that address is different);
  • where the transferor or the transferee is an organization, a corporation, a partnership, a cooperative, an unincorporated association or a trust,
    • its name and the address of its head office (or principal place of business),
    • its Québec enterprise number or identification number, if applicable,
    • the name, position and contact information of the persons authorized to act on its behalf;
  • the last names and first names of the professionals involved in the transfer of the immovable;
  • the identity of the apparent owner mentioned in the deed registered in the land register;
  • the other particulars required in the application for registration of a deed of transfer in the land register, if they were omitted in the deed ascertaining the transfer of the immovable, that is: 
    • the names of the transferor and the transferee,
    • the address of the transferor's principal residence,
    • the address of the transferee's principal residence,
    • the name of the municipality where the immovable is located, where the latter is not registered,
    • the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee,
    • the amount of the basis of imposition of the duties on transfers of immovables, according to the transferor and the transferee, and, if applicable, the portion of this basis that corresponds to the portion of the transfer that is not exempt,
    • the amount of the duty on the transfer of the immovable,
    • the provision of the Act respecting the duties on transfers of immovables under which, according to the transferee, the latter is exempt from payment of the duty on transfers, if applicable.

For more information, see pages A.75 to A.86 of the Additional Information 2016-2017 (PDF – 2.88 MB) published by the Ministère des Finances or contact our client services.

Duties on Transfers of Immovables – Information Provided by Municipalities

Wed, 02/15/2017 - 10:12

Amendments to the Act respecting duties on transfers of immovables were announced in the Budget Speech of March 17, 2016. As a result of these amendments, as of March 18, 2016, municipalities must provide information about transfers of immovables for which a notice of disclosure was filed by the transferee (for example, a purchaser or a donee) in the following situations:

  • a condition for the exemption from the duties on transfers of immovables ceases to be met;
  • the deed ascertaining the transfer of an immovable is not registered in the land register.

The information to be provided by municipalities can only be sent to us by email. Municipalities will receive a letter containing the email address to use. Municipalities can also contact our client services to obtain the address.

A condition for the exemption from the duties on transfers of immovables ceases to be met.

Where, during the 24-month period following the transfer date, a condition for the exemption from the duties on transfers of immovables ceases to be met and a notice of disclosure is filed by a transferee, the municipality must provide the following information from the notice to us: 

  • where the transferor (for example, a seller or a donor) is a natural person, the person's last name and first name, and the address of the person's principal residence (or of the address where the account related to duties on transfers of immovables is sent, if that address is different);
  • where the transferor or transferee is a corporation,
    • its name and the address of its head office (or principal place of business),
    • its Québec enterprise number or identification number, if applicable,
    • the name, position and contact information of the persons authorized to act on its behalf;
  • the last names and first names of the professionals involved in the transfer of the immovable;
  • the other particulars required in the application for registration of a deed of transfer in the land register, if they were omitted in the deed ascertaining the transfer of the immovable, that is: 
    • the names of the transferor and the transferee,
    • the address of the transferor's principal residence,
    • the address of the transferee's principal residence,
    • the name of the municipality where the immovable is located, where the latter is not registered,
    • the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee,
    • the amount of the basis of imposition of the duties on transfers of immovables, according to the transferor and the transferee, and, if applicable, the portion of this basis that corresponds to the portion of the transfer that is not exempt,
    • the amount of the duty on the transfer of the immovable,
    • the provision of the Act respecting the duties on transfers of immovables under which, according to the transferee, the latter is exempt from payment of the duty on transfers, if applicable;
  • the date on which the exemption condition ceased to be met.
The deed ascertaining the transfer of an immovable is not registered in the land register.

Where the deed ascertaining the transfer of an immovable is not registered in the land register and a notice of disclosure is filed by the transferee, the municipality must send us the following information contained in the notice:

  • where the transferor or transferee is a natural person, the person's last name and first name, and the address of the person's principal residence (or of the address where the account related to duties on transfers of immovables is sent, if that address is different);
  • where the transferor or the transferee is an organization, a corporation, a partnership, a cooperative, an unincorporated association or a trust,
    • its name and the address of its head office (or principal place of business),
    • its Québec enterprise number or identification number, if applicable,
    • the name, position and contact information of the persons authorized to act on its behalf;
  • the last names and first names of the professionals involved in the transfer of the immovable;
  • the identity of the apparent owner mentioned in the deed registered in the land register;
  • the other particulars required in the application for registration of a deed of transfer in the land register, if they were omitted in the deed ascertaining the transfer of the immovable, that is: 
    • the names of the transferor and the transferee,
    • the address of the transferor's principal residence,
    • the address of the transferee's principal residence,
    • the name of the municipality where the immovable is located, where the latter is not registered,
    • the amount of the consideration for the transfer of the immovable, according to the transferor and the transferee,
    • the amount of the basis of imposition of the duties on transfers of immovables, according to the transferor and the transferee, and, if applicable, the portion of this basis that corresponds to the portion of the transfer that is not exempt,
    • the amount of the duty on the transfer of the immovable,
    • the provision of the Act respecting the duties on transfers of immovables under which, according to the transferee, the latter is exempt from payment of the duty on transfers, if applicable.

For more information, see pages A.75 to A.86 of the Additional Information 2016-2017 (PDF – 2.88 MB) published by the Ministère des Finances or contact our client services.

Property Held in an RRSP, a RRIF, a PRPP or a VRSP at the Time of Death

Thu, 02/02/2017 - 09:04

As a rule, the fair market value (FMV) of the property held by a person in a registered retirement savings plan (RRSP), a registered retirement income fund (RRIF), a pooled registered pension plan (PRPP) or a voluntary retirement savings plan (VRSP) at the time of that person's death must be included in the deceased person's principal return.

However, do not include the FMV of the property in that return if amounts are paid to the surviving spouse or to a beneficiary who was a financially dependent child or grandchild of the deceased and certain rules apply.

For more information, refer to the Guide to Filing the Income Tax Return of a Deceased Person (IN-117-V).

The principal return is the income tax return that includes all income earned by the person up to the date of the person's death.

Property Held in an RRSP, a RRIF, a PRPP or a VRSP at the Time of Death

Thu, 02/02/2017 - 09:04

As a rule, the fair market value (FMV) of the property held by a person in a registered retirement savings plan (RRSP), a registered retirement income fund (RRIF), a pooled registered pension plan (PRPP) or a voluntary retirement savings plan (VRSP) at the time of that person's death must be included in the deceased person's principal return.

However, do not include the FMV of the property in that return if amounts are paid to the surviving spouse or to a beneficiary who was a financially dependent child or grandchild of the deceased and certain rules apply.

For more information, refer to the Guide to Filing the Income Tax Return of a Deceased Person (IN-117-V).

The principal return is the income tax return that includes all income earned by the person up to the date of the person's death.

Property Held in an RRSP, a RRIF, a PRPP or a VRSP at the Time of Death

Thu, 02/02/2017 - 09:04

As a rule, the fair market value (FMV) of the property held by a person in a registered retirement savings plan (RRSP), a registered retirement income fund (RRIF), a pooled registered pension plan (PRPP) or a voluntary retirement savings plan (VRSP) at the time of that person's death must be included in the deceased person's principal return.

However, do not include the FMV of the property in that return if amounts are paid to the surviving spouse or to a beneficiary who was a financially dependent child or grandchild of the deceased and certain rules apply.

For more information, refer to the Guide to Filing the Income Tax Return of a Deceased Person (IN-117-V).

The principal return is the income tax return that includes all income earned by the person up to the date of the person's death.

Property Held in an RRSP, a RRIF, a PRPP or a VRSP at the Time of Death

Thu, 02/02/2017 - 09:04

As a rule, the fair market value (FMV) of the property held by a person in a registered retirement savings plan (RRSP), a registered retirement income fund (RRIF), a pooled registered pension plan (PRPP) or a voluntary retirement savings plan (VRSP) at the time of that person's death must be included in the deceased person's principal return.

However, do not include the FMV of the property in that return if amounts are paid to the surviving spouse or to a beneficiary who was a financially dependent child or grandchild of the deceased and certain rules apply.

For more information, refer to the Guide to Filing the Income Tax Return of a Deceased Person (IN-117-V).

The principal return is the income tax return that includes all income earned by the person up to the date of the person's death.

Property Held in an RRSP, a RRIF, a PRPP or a VRSP at the Time of Death

Thu, 02/02/2017 - 09:04

As a rule, the fair market value (FMV) of the property held by a person in a registered retirement savings plan (RRSP), a registered retirement income fund (RRIF), a pooled registered pension plan (PRPP) or a voluntary retirement savings plan (VRSP) at the time of that person's death must be included in the deceased person's principal return.

However, do not include the FMV of the property in that return if amounts are paid to the surviving spouse or to a beneficiary who was a financially dependent child or grandchild of the deceased and certain rules apply.

For more information, refer to the Guide to Filing the Income Tax Return of a Deceased Person (IN-117-V).

The principal return is the income tax return that includes all income earned by the person up to the date of the person's death.

Information for Cideries, Wineries, Vineyards, and Other Alcohol or Spirits Manufacturing Businesses

Tue, 01/31/2017 - 15:24

You may be subject to the measures concerning mandatory billing and the implementation of SRMs in the bar sector if you operate a cidery, a winery, a vineyard or an alcohol or spirits manufacturing business (hereinafter, "wineries and cideries").

Operators of wineries and cideries that wish to sell and serve alcoholic beverages for consumption on premises laid out to ordinarily provide, for consideration, meals for consumption on the premises, (including beverages only) are required to implement the required measures no matter which type of liquor permit they hold.

Note that the supplies covered by the measures include:

  • the sale of alcoholic or non-alcoholic beverages served by the glass for consumption on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of food consumed by clients on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of a complete bottle and served to the client by the operator, as in a restaurant or a bar, for consumption on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of alcohol during a reception (bar service) for consumption on premises laid out to ordinarily provide meals (including beverages only).

However, tasting activities, the sole purpose of which is to promote the sale of products manufactured by the wineries and cideries, are not subject to the measures, whether they are free of charge or not. The quantity of alcohol served for this purpose must be minimal. Furthermore, guided tours and sales of supplies in a boutique are not subject to the measures, as they are not supplies of meals.

Subsidy

Cideries, wineries, vineyards and other similar businesses that are subject to the measures have until March 31, 2017, to comply with them. To be fair towards such businesses, a subsidy may be granted if the SRM is activated no later than March 31, 2017. Subsidy applications must be sent no later than May 31, 2017. For more information, see Subsidy Program for Operators of Bars and Resto Bars (IN-574-V).

To determine whether or not you are subject to mandatory billing, contact us.

Information for Cideries, Wineries, Vineyards, and Other Alcohol or Spirits Manufacturing Businesses

Tue, 01/31/2017 - 15:24

You may be subject to the measures concerning mandatory billing and the implementation of SRMs in the bar sector if you operate a cidery, a winery, a vineyard or an alcohol or spirits manufacturing business (hereinafter, "wineries and cideries").

Operators of wineries and cideries that wish to sell and serve alcoholic beverages for consumption on premises laid out to ordinarily provide, for consideration, meals for consumption on the premises, (including beverages only) are required to implement the required measures no matter which type of liquor permit they hold.

Note that the supplies covered by the measures include:

  • the sale of alcoholic or non-alcoholic beverages served by the glass for consumption on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of food consumed by clients on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of a complete bottle and served to the client by the operator, as in a restaurant or a bar, for consumption on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of alcohol during a reception (bar service) for consumption on premises laid out to ordinarily provide meals (including beverages only).

However, tasting activities, the sole purpose of which is to promote the sale of products manufactured by the wineries and cideries, are not subject to the measures, whether they are free of charge or not. The quantity of alcohol served for this purpose must be minimal. Furthermore, guided tours and sales of supplies in a boutique are not subject to the measures, as they are not supplies of meals.

Subsidy

Cideries, wineries, vineyards and other similar businesses that are subject to the measures have until March 31, 2017, to comply with them. To be fair towards such businesses, a subsidy may be granted if the SRM is activated no later than March 31, 2017. Subsidy applications must be sent no later than May 31, 2017. For more information, see Subsidy Program for Operators of Bars and Resto Bars (IN-574-V).

To determine whether or not you are subject to mandatory billing, contact us.

Information for Cideries, Wineries, Vineyards, and Other Alcohol or Spirits Manufacturing Businesses

Tue, 01/31/2017 - 15:24

You may be subject to the measures concerning mandatory billing and the implementation of SRMs in the bar sector if you operate a cidery, a winery, a vineyard or an alcohol or spirits manufacturing business (hereinafter, "wineries and cideries").

Operators of wineries and cideries that wish to sell and serve alcoholic beverages for consumption on premises laid out to ordinarily provide, for consideration, meals for consumption on the premises, (including beverages only) are required to implement the required measures no matter which type of liquor permit they hold.

Note that the supplies covered by the measures include:

  • the sale of alcoholic or non-alcoholic beverages served by the glass for consumption on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of food consumed by clients on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of a complete bottle and served to the client by the operator, as in a restaurant or a bar, for consumption on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of alcohol during a reception (bar service) for consumption on premises laid out to ordinarily provide meals (including beverages only).

However, tasting activities, the sole purpose of which is to promote the sale of products manufactured by the wineries and cideries, are not subject to the measures, whether they are free of charge or not. The quantity of alcohol served for this purpose must be minimal. Furthermore, guided tours and sales of supplies in a boutique are not subject to the measures, as they are not supplies of meals.

Subsidy

Cideries, wineries, vineyards and other similar businesses that are subject to the measures have until March 31, 2017, to comply with them. To be fair towards such businesses, a subsidy may be granted if the SRM is activated no later than March 31, 2017. Subsidy applications must be sent no later than May 31, 2017. For more information, see Subsidy Program for Operators of Bars and Resto Bars (IN-574-V).

To determine whether or not you are subject to mandatory billing, contact us.

Information for Cideries, Wineries, Vineyards, and Other Alcohol or Spirits Manufacturing Businesses

Tue, 01/31/2017 - 15:24

You may be subject to the measures concerning mandatory billing and the implementation of SRMs in the bar sector if you operate a cidery, a winery, a vineyard or an alcohol or spirits manufacturing business (hereinafter, "wineries and cideries").

Operators of wineries and cideries that wish to sell and serve alcoholic beverages for consumption on premises laid out to ordinarily provide, for consideration, meals for consumption on the premises, (including beverages only) are required to implement the required measures no matter which type of liquor permit they hold.

Note that the supplies covered by the measures include:

  • the sale of alcoholic or non-alcoholic beverages served by the glass for consumption on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of food consumed by clients on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of a complete bottle and served to the client by the operator, as in a restaurant or a bar, for consumption on premises laid out to ordinarily provide meals (including beverages only);
  • the sale of alcohol during a reception (bar service) for consumption on premises laid out to ordinarily provide meals (including beverages only).

However, tasting activities, the sole purpose of which is to promote the sale of products manufactured by the wineries and cideries, are not subject to the measures, whether they are free of charge or not. The quantity of alcohol served for this purpose must be minimal. Furthermore, guided tours and sales of supplies in a boutique are not subject to the measures, as they are not supplies of meals.

Subsidy

Cideries, wineries, vineyards and other similar businesses that are subject to the measures have until March 31, 2017, to comply with them. To be fair towards such businesses, a subsidy may be granted if the SRM is activated no later than March 31, 2017. Subsidy applications must be sent no later than May 31, 2017. For more information, see Subsidy Program for Operators of Bars and Resto Bars (IN-574-V).

To determine whether or not you are subject to mandatory billing, contact us.

Management Fees Between Related Corporations

Wed, 01/25/2017 - 08:37

Management fees billed between related corporations qualify as operating expenses if the following conditions are met:

  • The related corporations have a management agreement that they respect.
  • Documentation supports that management services were actually provided, and that an amount was paid as consideration for those services.
  • The management corporation has the human and material resources required to provide the management services or obtains the services otherwise.
  • The amount charged is reasonable in the circumstances and does not exceed the fair market value of the services provided. We consider a maximum of 15% of the fees paid for the services to be reasonable, depending on the circumstances.
  • The explanations provided by the corporations and documentary and factual evidence all support that the management corporation exists and that the services were provided.
Income corresponding to management fees that are denied

As a rule, if management fees are denied as operating expenses for one corporation, we will not subtract an amount equal to the fees from the income of the related corporation that provided the management services.

Management Fees Between Related Corporations

Wed, 01/25/2017 - 08:37

Management fees billed between related corporations qualify as operating expenses if the following conditions are met:

  • The related corporations have a management agreement that they respect.
  • Documentation supports that management services were actually provided, and that an amount was paid as consideration for those services.
  • The management corporation has the human and material resources required to provide the management services or obtains the services otherwise.
  • The amount charged is reasonable in the circumstances and does not exceed the fair market value of the services provided. We consider a maximum of 15% of the fees paid for the services to be reasonable, depending on the circumstances.
  • The explanations provided by the corporations and documentary and factual evidence all support that the management corporation exists and that the services were provided.
Income corresponding to management fees that are denied

As a rule, if management fees are denied as operating expenses for one corporation, we will not subtract an amount equal to the fees from the income of the related corporation that provided the management services.

Management Fees Between Related Corporations

Wed, 01/25/2017 - 08:37

Management fees billed between related corporations qualify as operating expenses if the following conditions are met:

  • The related corporations have a management agreement that they respect.
  • Documentation supports that management services were actually provided, and that an amount was paid as consideration for those services.
  • The management corporation has the human and material resources required to provide the management services or obtains the services otherwise.
  • The amount charged is reasonable in the circumstances and does not exceed the fair market value of the services provided. We consider a maximum of 15% of the fees paid for the services to be reasonable, depending on the circumstances.
  • The explanations provided by the corporations and documentary and factual evidence all support that the management corporation exists and that the services were provided.
Income corresponding to management fees that are denied

As a rule, if management fees are denied as operating expenses for one corporation, we will not subtract an amount equal to the fees from the income of the related corporation that provided the management services.

Management Fees Between Related Corporations

Wed, 01/25/2017 - 08:37

Management fees billed between related corporations qualify as operating expenses if the following conditions are met:

  • The related corporations have a management agreement that they respect.
  • Documentation supports that management services were actually provided, and that an amount was paid as consideration for those services.
  • The management corporation has the human and material resources required to provide the management services or obtains the services otherwise.
  • The amount charged is reasonable in the circumstances and does not exceed the fair market value of the services provided. We consider a maximum of 15% of the fees paid for the services to be reasonable, depending on the circumstances.
  • The explanations provided by the corporations and documentary and factual evidence all support that the management corporation exists and that the services were provided.
Income corresponding to management fees that are denied

As a rule, if management fees are denied as operating expenses for one corporation, we will not subtract an amount equal to the fees from the income of the related corporation that provided the management services.

Participation of Securities Dealers and Investment Dealers in the Distribution of Private Investments

Wed, 01/18/2017 - 15:03

Securities dealers and investment dealers can facilitate the distribution of private investments by helping the issuer of a private investment find investors and by carrying out certain tasks, such as making sure that:

  • documents are duly completed;
  • payments are processed;
  • share certificates are issued.

For the purposes of the GST and the QST, investment dealers must first determine whether the supply of services or property is a single supply or multiple supplies. For more information, consult the GST/HST Policy Statement P-077R2, Single and Multiple Supplies.

Supply of a financial service

If it is determined that a single supply is being provided, then the predominant element of that supply must be established to determine the nature of the supply. This determination will be generally based on written agreements, between the person providing the service and the person's client, detailing the actions, responsibilities and obligations of the person in connection with the supply. For more information, consult the GST/HST Technical Information Bulletin B-105, Changes to the Definition of Financial Service.

To determine whether an investment dealer who is facilitating the distribution of private investments is taking measures to provide a financial service, certain factors must be reviewed, such as: 

  • the degree of direct involvement and effort of the dealer in the provision of a financial service;
  • the time expended by the dealer in the provision of a financial service;
  • the degree of reliance of both the issuer and the investor on the dealer in the course of providing a financial service.

Whether or not the service provided is a financial service cannot be determined on the basis of one factor only. For example, a service provided by an investment dealer is not considered to be a measure taken to carry out a financial service only because the investment dealer is the sole intermediary between the issuer and the investor. Furthermore, if the investment dealer provides a preparatory service for the supply of a service that will result in transfer of ownership of a financial instrument, the service provided by the dealer will not be considered a financial service.

Tax on Lodging Effective in Eeyou Istchee Tourism Region

Thu, 01/12/2017 - 09:01

Effective January 1, 2017, the tax on lodging applies in the Eeyou Istchee tourism region.

Operators of accommodation establishments in the region must collect the tax at a rate of 3.5% per overnight stay or $3.50 per overnight stay where the accommodation unit is billed to a person that acquires it for purposes of resupply.

Note that the $3.50 rate does not apply to accommodation units billed to a travel intermediary where the price was set in an agreement reached prior to January 1, 2017, and the unit is occupied at some point between January 1 and September 30, 2017.

For more information, click Tax on Lodging.

Tax on Lodging Effective in Eeyou Istchee Tourism Region

Thu, 01/12/2017 - 09:01

Effective January 1, 2017, the tax on lodging applies in the Eeyou Istchee tourism region.

Operators of accommodation establishments in the region must collect the tax at a rate of 3.5% per overnight stay or $3.50 per overnight stay where the accommodation unit is billed to a person that acquires it for purposes of resupply.

Note that the $3.50 rate does not apply to accommodation units billed to a travel intermediary where the price was set in an agreement reached prior to January 1, 2017, and the unit is occupied at some point between January 1 and September 30, 2017.

For more information, click Tax on Lodging.

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