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``qualifying
non-profit
organization'' « organisme à but non lucratif admissible »
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``qualifying non-profit organization'' has the
meaning assigned by subsection 259(2).
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``specified
person'' « personne déterminée »
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``specified person'' means
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Rebate for
printed books,
etc.
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(2) Where a person that is, on the last day of
a claim period of the person or of the person's
fiscal year that includes that claim period, a
specified person acquires or imports, other
wise than for the purpose of supply by way of
sale, property that is
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the Minister shall, subject to subsection (3),
pay a rebate to the person equal to the amount
of tax under subsection 165(1) or section 212
that became payable in the claim period by the
person in respect of the acquisition or importa
tion.
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Application
for rebate
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(3) A rebate shall not be paid under
subsection (2) to a specified person in respect
of tax payable by the person unless the person
files an application for the rebate within four
years after the end of the claim period of the
person in which the tax became payable.
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Limitation
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(4) Except where subsection (5) applies, a
person shall not make more than one applica
tion for rebates under this section for any
claim period of the person.
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Application
by branches
or divisions
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(5) Where a person that is entitled to a
rebate under subsection (2) is engaged in one
or more activities in separate branches or
divisions and is required under subsection
259(10) to file separate applications for re
bates under section 259 in respect of a branch
or division, the person
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(2) Subsection (1) applies to acquisitions
and importations of property in respect of
which tax becomes payable after October
23, 1996.
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1990, c. 45,
s. 12(1)
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70. (1) Section 260 of the Act is replaced
by the following:
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Exports by a
charity or a
public
institution
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260. (1) Where a person that is a charity or
a public institution is the recipient of a supply
of property or a service, has paid tax in respect
of the supply and has exported the property or
service, subject to subsection (2), the Minister
shall pay a rebate to the person equal to the
amount of tax paid in respect of the supply.
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Application
for rebate
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(2) A rebate shall not be paid under
subsection (1) to a person in respect of a
supply unless the person files an application
for the rebate within four years after the end of
the fiscal year of the person in which tax in
respect of the supply became payable.
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(2) Subsection (1) applies to supplies in
respect of which tax becomes payable after
April 23, 1996 or is paid after that day
without having become due except that,
with respect to supplies made before 1997,
subsection 260(1) of the Act, as enacted by
subsection (1), shall be read without refer
ence to ``or a public institution''.
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71. (1) Subsection 261(3) of the Act is
replaced by the following:
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Application
for rebate
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(3) A rebate in respect of an amount shall
not be paid under subsection (1) to a person
unless the person files an application for the
rebate within two years after the day the
amount was paid or remitted by the person .
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(2) Subsection (1) applies
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1990, c. 45,
s. 12(1)
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72. (1) Paragraph 265(1)(a) of the Act is
replaced by the following:
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(2) Subsection (1) is deemed to have come
into force on December 17, 1990.
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1990, c. 45,
s. 12(1)
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73. (1) Sections 267 to 269 of the Act are
replaced by the following:
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Estate of a
deceased
individual
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267. Subject to sections 267.1, 269 and 270,
where an individual dies, this Part applies as
though the estate of the individual were the
individual and the individual had not died,
except that
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Definitions
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267.1 (1) The definitions in this subsection
apply in this section and in sections 268 to 270.
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``trust'' « fiducie »
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``trust'' includes the estate of a deceased indi
vidual.
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``trustee'' « fiduciaire »
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``trustee'' includes the personal representative
of a deceased individual, but does not in
clude a receiver (within the meaning as
signed by subsection 266(1)).
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Trustee's
liability
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(2) Subject to subsection (3), each trustee of
a trust is liable to satisfy every obligation
imposed on the trust under this Part, whether
the obligation was imposed during or before
the period during which the trustee acts as
trustee of the trust, but the satisfaction of an
obligation of a trust by one of the trustees of
the trust discharges the liability of all other
trustees of the trust to satisfy that obligation.
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Joint and
several
liability
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(3) A trustee of a trust is jointly and
severally liable with the trust and each of the
other trustees, if any, for the payment or
remittance of all amounts that become pay
able or remittable by the trust under this Part
before or during the period during which the
trustee acts as trustee of the trust except that
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Waiver
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(4) The Minister may, in writing, waive the
requirement for the personal representative of
a deceased individual to file a return for a
reporting period of the individual ending on or
before the day the individual died.
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Activities of a
trustee
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(5) For the purposes of this Part, where a
person acts as trustee of a trust,
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Inter vivos
trust
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268. For the purposes of this Part, where a
person settles property on an inter vivos trust,
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Distribution
by trust
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269. For the purposes of this Part, where a
trustee of a trust distributes property of the
trust to one or more persons , the distribution
of the property is deemed to be a supply of the
property made by the trust for consideration
equal to the amount determined under the
Income Tax Act to be the proceeds of disposi
tion of the property.
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(2) Subsection (1) is deemed to have come
into force on December 17, 1990 except that
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1993, c. 27,
s. 123(1)
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74. (1) Paragraph (b) of the definition
``representative'' in subsection 270(1) of the
Act is replaced by the following:
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(2) Subsection (1) is deemed to have come
into force on April 24, 1996 and any
reference in section 270 of the Act as it read
at any time before that day to an executor
shall be read as a reference to a personal
representative.
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1993, c. 27,
s. 123(1)
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75. (1) The heading ``Amalgamation,
winding-up and joint ventures'' before
section 271 of the Act is replaced by the
following:
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Amalgamation and winding-up
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(2) Subsection (1) is deemed to have come
into force on April 24. 1996.
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76. (1) The Act is amended by adding the
following after section 272:
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Subdivision b.1
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Partnerships and joint ventures
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Partnerships
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272.1 (1) For the purposes of this Part,
anything done by a person as a member of a
partnership is deemed to have been done by
the partnership in the course of the partner
ship's activities and not to have been done by
the person.
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Acquisitions
by member
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(2) Notwithstanding subsection (1), where
property or a service is acquired or imported
by a member of a partnership for consump
tion, use or supply in the course of activities of
the partnership but not on the account of the
partnership, the following rules apply:
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Supply to
partnership
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(3) Where a person who is or agrees to
become a member of a partnership supplies
property or a service to the partnership
otherwise than in the course of the partner
ship's activities
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Deemed
supply to
partner
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(4) Where a partnership disposes of proper
ty of the partnership
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the following rules apply:
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Joint and
several
liability
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(5) A partnership and each member or
former member (each of which is referred to
in this subsection as the ``member'') of the
partnership (other than a member who is a
limited partner and is not a general partner) are
jointly and severally liable for
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