1993, c. 27, s.
32(1)
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8. (1) The portion of subsection 167(1.1)
of the Act before paragraph (a) is replaced
by the following:
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Effect of
election
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(1.1) Where a supplier and a recipient make
a joint election under subsection (1) in respect
of a supply of a business or part of a business
and the recipient, if a registrant, files the
election with the Minister not later than the
day on or before which the return under
Division V is required to be filed for the
recipient's first reporting period in which tax
would, but for this subsection, have become
payable in respect of the supply of any
property or service made under the agreement
for the supply of the business or part, or on
such later day as the Minister may determine
on application of the recipient,
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(2) Subsection (1) applies to any supply of
a business or part of a business under which
ownership, possession or use of all or
substantially all of the assets of the business
or part that are included in the supply is
transferred to the recipient of the supply
after September 1992 except that, in respect
of a supply of a business or part of a business
under which ownership, possession or use
of all or substantially all of the assets of the
business or part that are included in a
supply was transferred to the recipient of
the supply before 1993, all that portion of
subsection 167(1.1) of the Act before
paragraph (a), as enacted by subsection (1),
shall be read as follows:
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(1.1) Where a supplier and a recipient make
a joint election under subsection (1) in respect
of a supply of a business or part of a business
and the supplier, if a registrant, files the
election with the Minister not later than the
day on or before which the return under
Division V is required to be filed for the
supplier's first reporting period in which tax
would, but for this subsection, have become
payable in respect of the supply of any
property or service made under the agreement
for the supply of the business or part, or on
such later day as the Minister may determine
on application of the supplier,
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1990, c. 45, s.
12(1); 1993,
c. 27, s. 40(1)
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9. (1) Sections 174 and 175 of the Act are
replaced by the following:
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Travel and
other
allowances
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174. For the purposes of this Part, where
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the person shall be deemed to have received a
taxable supply of the property or service, to
have paid, at that time, tax in respect of the
supply equal to the tax fraction of the
allowance and to have so acquired the
property or service for use in commercial
activities of the person to the same extent as
the property or service was acquired by the
employee, member or volunteer for
consumption or use in relation to commercial
activities of the person.
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Reimburseme
nt of
employees,
partners or
volunteers
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175. For the purposes of this Part, where an
employee of an employer, a member of a
partnership or a volunteer who gives services
to a charity acquires or imports property or a
service for consumption or use in relation to
activities of the employer, partnership or
charity (each of whom is referred to in this
section as the ``person'') and in respect of
which the employee, member or volunteer
receives, at any time, a reimbursement from
the person, the person shall be deemed
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(2) Subsection (1) shall be deemed to have
come into force on December 17, 1990.
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1993, c. 27, s.
46(1)
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10. (1) The portion of subsection 181(5) of
the Act before paragraph (a) is replaced by
the following:
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Redemption
of coupon
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(5) For the purposes of this Part, where, in
full or partial consideration for a taxable
supply of property or a service, a supplier who
is a registrant accepts a coupon that may be
exchanged for the property or service or that
entitles the recipient of the supply to a
reduction of, or a discount on, the price of the
property or service and a particular person at
any time pays, in the course of a commercial
activity of the particular person, an amount to
the supplier for the redemption of the coupon,
the following rules apply:
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1993, c. 27, s.
46(1)
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(2) Paragraph 181(5)(c) of the Act is
replaced by the following:
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(3) Subsections (1) and (2) shall be
deemed to have come into force on
December 17, 1990.
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1990, c. 45, s.
12(1)
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11. (1) Subsection 185(1) of the Act is
replaced by the following:
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Non-financial
institutions
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185. (1) Where the tax in respect of property
or a service acquired or imported by a
registrant who is engaged in commercial
activities became payable by the registrant at
a time when the registrant was not a financial
institution, for the purposes of determining an
input tax credit of the registrant in respect of
the property or service and for the purposes of
Subdivision d, to the extent (determined in
accordance with subsection 141.01(2)) that
the property or service was acquired or
imported for consumption, use or supply in the
course of making supplies of financial
services (other than financial services that are
not related to commercial activities of the
registrant), the property or service shall,
notwithstanding that subsection, be deemed to
have been acquired or imported for
consumption, use or supply in the course of
those commercial activities.
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(2) Subsection (1) shall be deemed to have
come into force on December 17, 1990.
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1990, c. 45, s.
12(1)
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12. (1) Subsection 188(1) of the French
version of the Act is replaced by the
following:
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Paris et jeux
de hasard
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188. (1) L'inscrit, auquel le paragraphe (5)
ne s'applique pas, qui, dans le cadre de son
activité commerciale qui consiste à prendre
des paris ou à organiser des jeux de hasard,
verse un montant d'argent au cours d'une
période de déclaration à titre de prix ou de
gains au parieur ou à la personne qui joue aux
jeux ou y participe est réputé, aux fins du
calcul de son crédit de taxe sur les intrants,
avoir reçu au cours de la période la fourniture
taxable d'un service à utiliser exclusivement
dans le cours de l'activité et avoir payé alors
la taxe relative à la fourniture, égale à la
fraction de taxe du montant d'argent versé à
titre de prix ou de gains.
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(2) Subsection (1) shall be deemed to have
come into force on December 17, 1990.
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1990, c. 45, s.
12(1)
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13. (1) Paragraph 227(3)(b) of the Act is
replaced by the following:
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1990, c. 45, s.
12(1)
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(2) Subsection 227(4) of the Act is
replaced by the following:
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Revocation
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(4) An election made under subsection (1)
by a registrant may be revoked by the
registrant.
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Effective date
and notice of
revocation
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(4.1) A revocation of an election made
under subsection (1) by a registrant
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Exception
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(4.2) Where a registrant makes an election
under subsection (1) to determine the net tax
of the registrant in accordance with a
prescribed Part of the Streamlined Accounting
(GST) Regulations,
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(3) Subsections (1) and (2) shall be
deemed to have come into force on
March 1, 1993.
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14. (1) Section 236 of the Act is
renumbered as subsection 236(1) and is
amended by adding the following:
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Exception
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(2) Subsection (1) does not apply to a
charity.
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(2) Subsection (1) applies for the purpose
of determining the net tax of a charity for
reporting periods ending after 1992 except
that, where a fiscal year of a charity begins
before 1993 and ends after 1992,
subsection 236(1) of the Act applies for the
purpose of determining the net tax of the
charity
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and, for that purpose, there shall not be
included, in determining the total under
that subsection, any input tax credit to the
extent that tax included in determining the
input tax credit became payable, or was
paid without having become payable, by the
charity after 1992.
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1990, c. 45, s.
12(1)
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15. (1) The portion of subsection 238(3) of
the Act before paragraph (a) is replaced by
the following:
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Non-resident
performers,
etc.
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(3) Notwithstanding subsection (1), where,
in a reporting period of a non-resident person,
the person makes a taxable supply in Canada
of an admission in respect of a place of
amusement, a seminar, an activity or an event,
the person shall
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(2) Subsection (1) shall be deemed to have
come into force on December 17, 1990.
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16. (1) The Act is amended by adding the
following after section 238:
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Definitions
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238.1 (1) In this section,
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``cumulative
amount'' « montant cumulatif »
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``cumulative amount'' for a reporting period
of a registrant means the total of
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``designated
reporting
period'' « période désignée »
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``designated reporting period'' of a person
means a reporting period of the person in
respect of which a designation under
subsection (2) is in effect, but does not
include a reporting period in which the
person ceases to be a registrant.
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Designation
by Minister
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(2) The Minister may, on the application of
a registrant and by notice in writing,
designate, as an eligible reporting period for
the purposes of this section, a particular
reporting period (other than a fiscal year) of
the registrant specified in the application and
ending in a fiscal year of the registrant if
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No return
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(3) Subject to section 282, a registrant is not
required to file a return under section 238 for
a designated reporting period of the registrant
if the cumulative amount for the period does
not exceed $1000.
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Determination
of net tax
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(4) Where the cumulative amount for a
designated reporting period of a registrant
does not exceed $1000, that amount
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Revocation by
Minister
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(5) Where the Minister has made a
designation under subsection (2) in respect of
a reporting period of a registrant and
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the Minister may revoke the designation.
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Notice of
revocation
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(6) Where, under subsection (5), the
Minister revokes a designation of a reporting
period of a registrant, the Minister shall send
a notice in writing of the revocation to the
registrant.
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Automatic
revocation
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(7) Where
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the designations under subsection (2) of all
subsequent reporting periods of the registrant
ending in the fiscal year are revoked.
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Filing
deadlines
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(8) In this Part (other than this section), any
reference to the day on or before which a
person is required to file a return shall, where
the person is, because of subsection (3), not
required to file the return, be read as a
reference to the day on or before which the
person would, but for that subsection, be
required to file the return.
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(2) Subsection (1) applies to reporting
periods commencing after March 1994.
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