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GST/HST — purchases by President as agent

My client ("Xco") was a small company that exported goods to the US, selling them to a related company that resold them.

The CRA audited Xco's net tax refund claim and proposed to deny input tax credits or many purchases on the grounds that the invoices were not made out in Xco's name.

Many of these purchases were made by Xco's President, with invoices made out to him rather than Xco. In other cases, invoices were from Costco, and showed Xco's company membership number, but no name, on the invoice.

I wrote to the auditor to explain that purchases by the President qualified as being made by the company's "duly authorized agent". I also showed that the Costco purchases could be tied to other Costco documents showing the company's name and membership number as linked to each other.

The auditor accepted my arguments and allowed these ITCs.

Problem solved!

(2017)