GST/HST Election. All applicable sales tax (including GST/HST levied pursuant to the ETA) arising in connection with the sale of the Purchased Assets shall be the responsibility of the Purchaser; provided, however, that the Vendor shall cooperate with the Purchaser in filing a joint election pursuant to subsection 167(1) of the ETA or any form that may be required in order that no GST/HST be payable by the Purchaser under the ETA with respect to the supply of property contemplated by this Agreement. The Vendor confirms that the supply of property contemplated by this Agreement constitutes a supply of the business that was carried on by the Vendor, and the Purchaser represents that such property can reasonably be regarded as being necessary for the Purchaser to be able to carry on such business.
GST/HST Election. The Purchaser and the Vendor shall jointly elect under subsection 167(1) of the ETA and under any similar provision of any applicable provincial legislation imposing a similar value added or multi-staged tax, that no tax be payable with respect to the purchase and sale of the Purchased Assets pursuant to this Agreement. The Purchaser and the Vendor shall make those elections in prescribed form containing prescribed information and shall file those elections in compliance with the requirements of applicable legislation.
GST/HST Election. The Purchaser and the Vendor shall jointly elect under subsection 167(1) of the ETA and under any similar provision of any applicable provincial legislation imposing a similar value added or multi-staged tax, that no tax be payable with respect to the purchase and sale of the Purchased Assets pursuant to this Agreement. The Purchaser and the Vendor shall make those elections in prescribed form containing prescribed information and shall file those elections in compliance with the requirements of applicable legislation. The Parties confirm that in the event that the joint election under subsection 167(1) is not available, the Purchaser shall pay and remit the GST/HST according to law, and shall, in addition, indemnify Vendor from any Losses suffered by the Purchaser’s non-payment of such GST/HST at the Closing Date.
GST/HST Election. With respect to the Goods and Services Tax (the “GST”) and the Harmonized Sales Tax (the “HST”), account for all GST and HST in respect of any supplies made to or by the Joint Venture. The Co-Owners shall be registrants and will each execute and provide to the Manager any joint venture elections required to be made, confirming that the Manager shall account for all GST and HST in respect of any supplies made to or by the Joint Venture and the Manager shall file such elections with the Canada Revenue Agency along with the Manager’s returns as and when required and shall pay GST and HST, as the case may be, on all taxable purchases and claim the corresponding input tax credits on behalf of the Joint Venture.
GST/HST Election. 5.1 At the Closing, the Vendor and the Purchaser shall jointly execute an election under Section 167 of the Excise Tax Act (Canada) to have the sale of the Purchased Assets herein provided take place on a GST/HST free basis under Part IX of the Excise Tax Act (Canada). The Purchaser shall file the election in the manner and within the time prescribed by the relevant legislation. Notwithstanding anything to the contrary in this Agreement, the Purchaser shall indemnify and hold the Vendor harmless in respect of any GST/HST, penalties, interest and other amounts which may be assessed against the Vendor as a result of the transactions under this Agreement not being eligible for such election or as a result of the Purchaser’s failure to file the election within the prescribed time.
GST/HST Election. At the Closing, the Vendor and the Purchaser shall execute jointly an election under section 167 of the Excise Tax Act (Canada) to have the sale of the Purchased Assets take place on a GST/HST-free basis under Part IX of the Excise Tax Act (Canada) and the Purchaser shall file such election with its GST/HST return for the reporting period in which the sale of the Purchased Assets takes place.
GST/HST Election. The parties agree that the Assets constitute all or substantially all of the property that can reasonably be regarded as being necessary for the Purchaser to be capable of carrying on the Business. At the Closing, the Company and the Purchaser shall execute jointly an election under section 167 of the Excise Tax Act (Canada) to have the sale of the Assets take place on a GST/HST-free basis under Part IX of the Excise Tax Act (Canada) and the Purchaser shall file such election with its GST/HST return for the reporting period in which the sale of the Assets takes place.
GST/HST Election. If applicable, on Closing, the Buyer and the Canadian Seller shall execute jointly an election under section 167 of the Excise Tax Act (Canada) to have the sale of the Canadian Seller’s Transferred Assets take place on a GST/HST-free basis. The Buyer shall file such election no later than the filing date for its GST/HST return for the reporting period in which the Closing Date takes place. Notwithstanding anything to the contrary in this Agreement, the Buyer shall indemnify and hold harmless the Canadian Seller in respect of any GST/HST, penalties, interest and other amounts which may be assessed against the Canadian Seller as a result of the transactions under this Agreement not being eligible for such election or as a result of the Buyer’s failure to file the election within the prescribed time.
GST/HST Election. If applicable, Canadian Purchaser and Canadian Seller will jointly execute and Canadian Purchaser will file an election under section 167 of the Excise Tax Act (Canada) in the prescribed manner and within the prescribed time such that Canadian Purchaser will not be required to pay, and Canadian Seller will not be required to collect, any Canadian goods and service tax or harmonized sales tax with respect to the transfer of the Canadian Assets. Notwithstanding such election, in the event it is determined by the Canada Revenue Agency that there is a liability of Canadian Purchaser to pay, or of Canadian Seller to collect and remit, goods and services tax or harmonized sales tax on all or part of the Purchaser Assets in Canada, such Taxes, including any applicable interest and penalties, shall be forthwith paid by Canadian Purchaser to the Canada Revenue Agency, or to the Canadian Seller for remittance to the appropriate Governmental Authority, as the case may be.
GST/HST Election. (a) At the Closing or as soon as reasonably practicable thereafter, the Vendor and the Purchaser shall execute jointly an election under section 167 of the Excise Tax Act (Canada) and under section 75 of an Act respecting the Qubec sales tax to have the sale of the Purchased Assets take place on a GST/HST and QST-free basis under Part IX of the Excise Tax Act (Canada) and under Title I of an Act respecting the Qubec sales tax and the Purchaser shall file such election with its GST/HST and QST return for the reporting period in which the sale of the Purchased Assets takes place.
(b) Should it be determined by the relevant Governmental Authorities that the elections referred to in Section 2.7(a) are not available to the Parties for whatever reason, the Purchaser shall indemnify and save harmless the Vendor against any Damages suffered as a result of the unavailability of such elections up to and not exceeding an amount equal to the aggregate of the input tax credits and input tax refunds actually received by the Purchaser from the relevant Governmental Authorities as a result of the unavailability of such elections.
