|
E is the number of cigarettes that are
Atlantic manufactured tobacco sold
and delivered by the licensed
wholesale vendor in the
three-month period ending on
March 25, 1994, and
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|
F is the number of cigarettes that are
Atlantic manufactured tobacco held
at the beginning of March 26, 1994
in the inventories of the licensed
wholesale vendor at the retail
outlets of the licensed wholesale
vendor in the Province of Prince
Edward Island, where the licensed
wholesale vendor is also a licensed
retail vendor, and
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|
|
|
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|
(A) 1,000,000 cigarettes, and
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|
(B) the number of cigarettes
obtained by multiplying 200,000
cigarettes by the number of separate
retail establishments of the licensed
wholesale vendor in the Province of
Prince Edward Island on March 26,
1994,
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|
(b) the number of tobacco sticks, if any,
determined by the formula
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|
G - (H x J ) - L
K
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|
G is the number of tobacco sticks that are
Atlantic manufactured tobacco sold and
delivered by the licensed wholesale
vendor to licensed retail vendors after
March 25, 1994 and before June 1, 1994,
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|
H is the number of tobacco sticks that are
Atlantic manufactured tobacco held in
the inventory of the licensed wholesale
vendor at the beginning of March 26,
1994 other than at a retail outlet of the
licensed wholesale vendor,
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|
J is the number of tobacco sticks that are
Atlantic manufactured tobacco sold and
delivered by the licensed wholesale
vendor to licensed retail vendors in the
three-month period ending on March 25,
1994,
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|
K is the number of tobacco sticks that are
Atlantic manufactured tobacco sold and
delivered by the licensed wholesale
vendor in the three-month period ending
on March 25, 1994, and
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|
|
L is the number of tobacco sticks that are
Atlantic manufactured tobacco held at
the beginning of March 26, 1994 in the
inventories of the licensed wholesale
vendor at the retail outlets of the licensed
wholesale vendor in the Province of
Prince Edward Island, where the licensed
wholesale vendor is also a licensed retail
vendor, and
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|
(c) the number of grams of black stock
manufactured tobacco, if any, determined
by the formula
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|
M + (N x P ) - (R x S ) - U
Q T
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|
M is the number of grams of black stock
manufactured tobacco sold and delivered
by the licensed wholesale vendor to
licensed retail vendors after March 25,
1994 and before June 1, 1994,
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|
N is the number of grams of black stock
manufactured tobacco held in the
inventory of the licensed wholesale
vendor at the beginning of June 1, 1994
other than at a retail outlet of the licensed
wholesale vendor,
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P is the number of grams of black stock
manufactured tobacco sold and delivered
by the licensed wholesale vendor to
licensed retail vendors in the
three-month period ending on the
reference date,
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|
Q is the number of grams of black stock
manufactured tobacco sold and delivered
by the licensed wholesale vendor in the
three-month period ending on the
reference date,
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|
R is the number of grams of black stock
manufactured tobacco held in the
inventory of the licensed wholesale
vendor at the beginning of March 26,
1994 other than at a retail outlet of the
licensed wholesale vendor,
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|
S is the number of grams of black stock
manufactured tobacco sold and delivered
by the licensed wholesale vendor to
licensed retail vendors in the
three-month period ending on March 25,
1994,
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|
T is the number of grams of black stock
manufactured tobacco sold and delivered
by the licensed wholesale vendor in the
three-month period ending on March 25,
1994, and
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|
U is the number of grams of black stock
manufactured tobacco held at the
beginning of March 26, 1994 in the
inventories of the licensed wholesale
vendor at the retail outlets of the licensed
wholesale vendor in the Province of
Prince Edward Island, where the licensed
wholesale vendor is also a licensed retail
vendor.
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New
wholesale
vendor
|
(6) Where a person has become a licensed
wholesale vendor after April 14, 1994 and
before June 1, 1994, paragraph (3)(g) does not
apply in respect of the licensed wholesale
vendor and the references in subsection (5) to
``the reference date'' shall be read as ``May 31,
1994''.
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Where vendor
sells
wholesale and
retail
|
(7) For the purposes of this section, where
a licensed wholesale vendor is also a licensed
retail vendor
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|
(a) the Atlantic manufactured tobacco and
black stock manufactured tobacco held at
the beginning of March 26, 1994 in the
inventory of the licensed wholesale vendor
at a retail outlet of the licensed wholesale
vendor in the Province of Prince Edward
Island shall be deemed to have been sold
and delivered by the licensed wholesale
vendor to licensed retail vendors
immediately after the beginning of March
26, 1994; and
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(b) the Atlantic manufactured tobacco or
black stock manufactured tobacco that is
delivered by or on behalf of the licensed
wholesale vendor to a retail outlet of the
licensed wholesale vendor in the Province
of Prince Edward Island shall be deemed to
be sold and delivered by the licensed
wholesale vendor to a licensed retail vendor
at the time it is delivered to that retail outlet.
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Definitions
|
68.168 (1) In this section,
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``inventory''
« stock »
|
``inventory'' of a person at any time means the
goods that are owned at that time by the
person and are for sale at that time in the
ordinary course of the person's business;
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``licensed
retail vendor''
« vendeur au
détail titulaire
de licence »
|
``licensed retail vendor'' means a retail
vendor licensed as such under the Health
Tax Act, R.S.P.E.I. 1988, c. H-3;
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|
``licensed
wholesale
vendor''
« vendeur en
gros titulaire
de licence »
|
``licensed wholesale vendor'' means a
wholesale vendor licensed as such under the
Health Tax Act, R.S.P.E.I. 1988, c. H-3;
|
|
``separate
retail
establishment'
'
« établisseme
nt de détail
distinct »
|
``separate retail establishment'' of a person
means a retail establishment of the person
that is geographically separate from other
places of business of the person and at
which, in the ordinary course of the person's
business, the person regularly sells
manufactured tobacco to consumers.
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Reference
date
|
(2) The reference date referred to in
subsection (5) is the reference date specified
as required under paragraph (3)(g).
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|
Application of
subsection (4
)
|
(3) Subsection (4) applies where
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(a) a licensed wholesale vendor makes an
application for the purposes of this section
to a licensed tobacco manufacturer for a
reduction in the amount payable, or a refund
of an amount paid, by the licensed
wholesale vendor for manufactured
tobacco that the licensed tobacco
manufacturer has sold to the licensed
wholesale vendor;
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(b) only one such application is made by the
licensed wholesale vendor to the licensed
tobacco manufacturer;
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|
(c) the licensed wholesale vendor
determines the licensed wholesale vendor's
inventory at the beginning of June 1, 1994
of cigarettes that are Atlantic manufactured
tobacco;
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|
(d) the licensed wholesale vendor specifies
in the application a number of cigarettes
that are Atlantic manufactured tobacco held
in the inventory of the licensed wholesale
vendor at the beginning of June 1, 1994;
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(e) the number of cigarettes specified in the
application by the licensed wholesale
vendor has not been specified in any other
application made by the licensed wholesale
vendor for a reduction or refund in respect
of which any other licensed tobacco
manufacturer is entitled to a deduction
under subsection (4);
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(f) the total of the number of cigarettes
specified in the application and all other
numbers of cigarettes specified by the
licensed wholesale vendor in applications
to other licensed tobacco manufacturers for
reductions or refunds in respect of which
the other licensed tobacco manufacturers
are entitled to deductions under
subsection (4) does not exceed the total
number of cigarettes determined under
subsection (5) in relation to the licensed
wholesale vendor;
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(g) the licensed wholesale vendor specifies
in the application either February 10, 1994
or April 14, 1994 as the reference date for
the purposes of all applications each of
which is an application by the licensed
wholesale vendor for a reduction or refund
in respect of which a licensed tobacco
manufacturer may be entitled to a
deduction under subsection (4), 68.165(4),
68.166(4) or 68.167(4);
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(h) the application is made before January
1995, in any form and manner that is
authorized by the Minister;
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|
(i) the application is approved by the
Treasurer of the Province of Prince Edward
Island; and
|
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|
(j) in response to the application, the
licensed tobacco manufacturer makes a
reduction in the amount payable, or a refund
of an amount paid, by the licensed
wholesale vendor for manufactured
tobacco.
|
|
Deduction
from excise
tax payable
|
(4) Where this subsection applies, there
may be deducted, in computing the excise
taxes payable under section 23 by the licensed
tobacco manufacturer within two years after
the reduction or refund referred to in
paragraph (3)(j), an amount equal to the lesser
of the amount of the reduction or refund and
the amount determined by multiplying $0.01
by the number of cigarettes specified by the
licensed wholesale vendor as required under
paragraph (3)(d).
|
|
Limit on
specified
quantity
|
(5) For the purposes of paragraph (3)(f), the
total number of cigarettes determined under
this subsection in relation to a licensed
wholesale vendor is
|
|
|
(a) where the number of cigarettes that are
Atlantic manufactured tobacco determined
by the formula ``A - B'' in paragraph
68.167(5)(a) in relation to the licensed
wholesale vendor is zero or greater than
zero, the number of cigarettes determined
by the formula
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|
|
C x D
E
|
|
|
|
|
|
C is the number of cigarettes that are
Atlantic manufactured tobacco held in
the inventory of the licensed wholesale
vendor at the beginning of June 1, 1994,
|
|
|
D is the number of cigarettes that are
Atlantic manufactured tobacco sold and
delivered by the licensed wholesale
vendor to licensed retail vendors in the
three-month period ending on the
reference date, and
|
|
|
E is the number of cigarettes that are
Atlantic manufactured tobacco sold and
delivered by the licensed wholesale
vendor in the three-month period ending
on the reference date; and
|
|
|
(b) in any other case, the number of
cigarettes, if any, determined by the
formula
|
|
|
F + (G x H ) - K
J
|
|
|
|
|
|
F is the number of cigarettes that are
Atlantic manufactured tobacco sold and
delivered by the licensed wholesale
vendor to licensed retail vendors after
March 25, 1994 and before June 1, 1994,
|
|
|
G is the number of cigarettes that are
Atlantic manufactured tobacco held in
the inventory of the licensed wholesale
vendor at the beginning of June 1, 1994
other than at a retail outlet of the licensed
wholesale vendor,
|
|
|
H is the number of cigarettes that are
Atlantic manufactured tobacco sold and
delivered by the licensed wholesale
vendor to licensed retail vendors in the
three-month period ending on the
reference date,
|
|
|
J is the number of cigarettes that are
Atlantic manufactured tobacco sold and
delivered by the licensed wholesale
vendor in the three-month period ending
on the reference date, and
|
|
|
|
|
|
(i) the number of cigarettes determined
by the formula
|
|
|
(L x M ) + P
N
|
|
|
|
|
|
L is the number of cigarettes that are
Atlantic manufactured tobacco held
in the inventory of the licensed
wholesale vendor at the beginning
of March 26, 1994 other than at a
retail outlet of the licensed
wholesale vendor,
|
|
|
M is the number of cigarettes that are
Atlantic manufactured tobacco sold
and delivered by the licensed
wholesale vendor to licensed retail
vendors in the three-month period
ending on March 25, 1994,
|
|
|
N is the number of cigarettes that are
Atlantic manufactured tobacco sold
and delivered by the licensed
wholesale vendor in the
three-month period ending on
March 25, 1994, and
|
|
|
P is the number of cigarettes that are
Atlantic manufactured tobacco held
at the beginning of March 26, 1994
in the inventories of the licensed
wholesale vendor at the retail
outlets of the licensed wholesale
vendor in the Province of Prince
Edward Island, where the licensed
wholesale vendor is also a licensed
retail vendor, and
|
|
|
|
|
|
(A) 1,000,000 cigarettes, and
|
|
|
(B) the number of cigarettes
obtained by multiplying 200,000
cigarettes by the number of separate
retail establishments of the licensed
wholesale vendor in the Province of
Prince Edward Island on March 26,
1994.
|
|
New
wholesale
vendor
|
(6) Where a person has become a licensed
wholesale vendor after April 14, 1994 and
before June 1, 1994, paragraph (3)(g) does not
apply in respect of the licensed wholesale
vendor and the references in subsection (5) to
``the reference date'' shall be read as ``May 31,
1994''.
|
|
Where vendor
sells
wholesale and
retail
|
(7) For the purposes of this section, where
a licensed wholesale vendor is also a licensed
retail vendor
|
|
|
(a) the cigarettes that are Atlantic
manufactured tobacco held at the beginning
of March 26, 1994 in the inventory of the
licensed wholesale vendor at a retail outlet
of the licensed wholesale vendor in the
Province of Prince Edward Island shall be
deemed to have been sold and delivered by
the licensed wholesale vendor to licensed
retail vendors immediately after the
beginning of March 26, 1994; and
|
|
|
(b) the cigarettes that are Atlantic
manufactured tobacco delivered by or on
behalf of the licensed wholesale vendor to
a retail outlet of the licensed wholesale
vendor in the Province of Prince Edward
Island shall be deemed to be sold and
delivered by the licensed wholesale vendor
to a licensed retail vendor at the time they
are delivered to that retail outlet.
|
|
Definitions
|
68.169 (1) In this section,
|
|
``licensed
retail vendor''
« vendeur au
détail titulaire
de licence »
|
``licensed retail vendor'' means a retail
vendor licensed as such under the Health
Tax Act, R.S.P.E.I. 1988, c. H-3;
|
|
``licensed
wholesale
vendor''
« vendeur en
gros titulaire
de licence »
|
``licensed wholesale vendor'' means a
wholesale vendor licensed as such under the
Health Tax Act, R.S.P.E.I. 1988, c. H-3.
|
|
Rebate to
P.E.I. Atlantic
manufactured
tobacco
wholesaler
|
(2) Where a licensed wholesale vendor has,
after May 31, 1994, sold cigarettes or tobacco
sticks that are Atlantic manufactured tobacco
to a licensed retail vendor, or to a consumer in
the Province of Prince Edward Island for
consumption by the consumer or by others at
the expense of the consumer, the Minister may
pay to the licensed wholesale vendor a tax
rebate equal to the total of
|
|
|
(a) $0.01125 multiplied by the number of
those cigarettes, and
|
|
|
(b) $0.009 multiplied by the number of
those tobacco sticks.
|
|
Rebate to
P.E.I. black
stock
wholesaler
|
(3) Where a licensed wholesale vendor has
sold, after August 1994, cigarettes or tobacco
sticks that are black stock to a licensed retail
vendor, or to a consumer in the Province of
Prince Edward Island for consumption by the
consumer or by others at the expense of the
consumer, the Minister may pay to the
licensed wholesale vendor a tax rebate equal
to the total of
|
|
|
(a) $0.01125 multiplied by the number of
those cigarettes, and
|
|
|
(b) $0.009 multiplied by the number of
those tobacco sticks.
|
|
Conditions for
rebate
|
(4) To qualify to receive a rebate under
subsection (2) or (3) in respect of cigarettes or
tobacco sticks, the licensed wholesale vendor
must
|
|
|
(a) apply to the Minister for the rebate,
within two years after the sale of the
cigarettes or tobacco sticks by the licensed
wholesale vendor, in any form and manner
that is authorized by the Minister; and
|
|