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(b) all other obligations under this Part that
arose before or during that period for which
the partnership is liable or, where the
member was a member of the partnership at
the time the partnership was dissolved, the
obligations that arose upon or as a conse
quence of the dissolution.
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Continuation
of partnership
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(6) Where a partnership would, but for this
subsection, be regarded as having ceased to
exist, the partnership is deemed for the
purposes of this Part not to have ceased to exist
until the registration of the partnership is
cancelled.
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Continuation
of predecessor
partnership by
new
partnership
|
(7) Where
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(a) a partnership (in this subsection referred
to as the ``predecessor partnership'') would,
but for this section, be regarded as having
ceased at any time to exist,
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(b) a majority of the members of the
predecessor partnership that together had,
at or immediately before that time, more
than a 50% interest in the capital of the
predecessor partnership become members
of another partnership of which they com
prise more than half of the members, and
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(c) the members of the predecessor partner
ship who become members of the other
partnership transfer to the other partnership
all or substantially all of the property
distributed to them in settlement of their
capital interests in the predecessor partner
ship,
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except where the other partnership is regis
tered or applies for registration under section
240, the other partnership is deemed to be a
continuation of and the same person as the pre
decessor partnership.
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(2) Subsection (1) is deemed to have come
into force on April 24, 1996 except that
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(a) subsection 272.1(2) of the Act, as
enacted by subsection (1), also applies for
the purpose of determining an input tax
credit for a reporting period beginning
on or before April 23, 1996 claimed in a
return that is received by the Minister of
National Revenue on or after that day or
deemed under paragraph 296(5)(a) of the
Act to have been claimed as a result of an
assessment made on or after that day;
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(b) where a supply or disposition referred
to in subsection 272.1(3) or (4) of the Act,
as enacted by subsection (1), was made by
a registrant to another person on or
before April 23, 1996 and the amount
charged or collected as or on account of
tax under Part IX of the Act in respect of
the supply or disposition exceeds the
amount of tax under that Part that was
payable in respect of the supply or
disposition,
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(i) where the Minister of National
Revenue receives, on or after April 23,
1996, an application under subsection
261(1) of the Act for a rebate of the
excess (other than an application
deemed under paragraph 296(5)(a) of
the Act to have been filed as a result of
an assessment made on or after that
day), subsections 272.1(3) and (4) of the
Act, as enacted by subsection (1), apply
to the supply or disposition for the
purpose of determining the amount of
the rebate if any, and
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(ii) in any other case (except where the
Minister of National Revenue re
ceived, before April 23, 1996, an ap
plication under subsection 261(1) of
the Act for a rebate of the excess), the
amount charged or collected as or on
account of tax under Part IX of the Act
in respect of the supply or disposition is
deemed to be the amount of tax under
that Part that was payable in respect of
the supply or disposition; and
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(c) subsection 272.1(5) of the Act, as
enacted by subsection (1), applies to
amounts that become payable or remit
table after April 23, 1996 and to all other
amounts and obligations outstanding af
ter that day.
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1990, c. 45,
s. 12(1)
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77. (1) Section 279 of the Act is replaced
by the following:
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Meaning of
``electronic
filing''
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278.1 (1) For the purposes of this section,
``electronic filing'' means using electronic
media in a manner specified in writing by the
Minister.
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Application
for electronic
filing
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(2) A person who is required to file with the
Minister returns under this Part and who meets
the criteria specified in writing by the Minister
may file with the Minister in prescribed
manner an application, in prescribed form
containing prescribed information, for autho
rization to file the returns by way of electronic
filing.
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Authoriza-
tion
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(3) Where the Minister receives an applica
tion of a person under subsection (2) and is
satisfied that the person meets the criteria
referred to in that subsection, the Minister
may, in writing, authorize the person to file
returns by way of electronic filing, subject to
such conditions as the Minister may at any
time impose.
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Revocation
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(4) The Minister may revoke an authoriza
tion granted to a person under subsection (3)
where
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(a) the person, in writing, requests the
Minister to revoke the authorization,
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(b) the person fails to comply with any
condition imposed in respect of the autho
rization or any provision of this Part,
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(c) the Minister is no longer satisfied that
the criteria referred to in subsection (2) are
met, or
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(d) the Minister considers that the autho
rization is no longer required,
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and shall notify the person in writing of the re
vocation and its effective date.
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Deemed filing
|
(5) For the purposes of this Part, where a
person files a return by way of electronic
filing, it is deemed to be a return in prescribed
form filed with the Minister on the day the
Minister acknowledges acceptance of it.
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Execution of
documents
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279. A return (other than a return filed by
way of electronic filing under section 278.1 ),
certificate or other document made by a
person (other than an individual) under this
Part or under a regulation made under this Part
shall be signed on behalf of the person by an
individual duly authorized to do so by the
person or the governing body of the person
and, where the person is a corporation or an
association or organization that has duly
elected or appointed officers, the president,
vice-president, secretary and treasurer there
of, or other equivalent officers, are deemed to
be so duly authorized.
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(2) Subsection (1) applies after Septem
ber 1994.
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1993, c. 27,
s. 129(1)
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78. (1) Paragraph 296(1)(e) of the Act is
replaced by the following:
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(e) any amount which a person is liable to
pay or remit under subsection 177(1.1) or
Subdivision a or b.1 of Division VII,
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1990, c. 45,
s. 12(1);
1993, c. 27,
s. 129(2), (3)
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(2) Subsections 296(2) to (5) of the Act are
replaced by the following:
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Allowance of
unclaimed
credit
|
(2) Where, in assessing the net tax of a
person for a particular reporting period of the
person, the Minister determines that
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(a) an amount (in this subsection referred to
as the ``allowable credit'') would have been
allowed as an input tax credit for the
particular reporting period or as a deduc
tion in determining the net tax for the
particular reporting period if it had been
claimed in a return under Division V for the
particular reporting period filed on the day
that is the day on or before which the return
for the particular reporting period was
required to be filed and the requirements, if
any, of subsection 169(4) or 234(1) respect
ing documentation that apply in respect of
the allowable credit had been met,
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(b) the allowable credit was not claimed by
the person in a return filed before the day
notice of the assessment is sent to the person
or was so claimed but was disallowed by the
Minister, and
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(c) the allowable credit would be allowed,
as an input tax credit or deduction in
determining the net tax for a reporting
period of the person, if it were claimed in a
return under Division V filed on the day
notice of the assessment is sent to the person
or would be disallowed if it were claimed in
that return only because the period for
claiming the allowable credit expired be
fore that day,
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the Minister may take the allowable credit
into account in assessing the net tax for the
particular reporting period as if the person had
claimed the allowable credit in a return filed
for the period.
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Allowance of
unclaimed
rebate
|
(2.1) Where, in assessing the net tax of a
person for a reporting period of the person or
an amount (in this subsection referred to as the
``overdue amount'') that became payable by a
person under this Part, the Minister deter
mines that
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(a) an amount (in this subsection referred to
as the ``allowable rebate'') would have been
payable to the person as a rebate if it had
been claimed in an application under this
Part filed on the particular day that is
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(i) if the assessment is in respect of net tax
for the reporting period, the day on or
before which the return under Division V
for the period was required to be filed, or
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(ii) if the assessment is in respect of an
overdue amount, the day on which the
overdue amount became payable by the
person,
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and, where the rebate is in respect of an
amount that is being assessed, if the person
had paid or remitted that amount,
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(b) the allowable rebate was not claimed by
the person in an application filed before the
day notice of the assessment is sent to the
person, and
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(c) the allowable rebate would be payable to
the person if it were claimed in an applica
tion under this Part filed on the day notice
of the assessment is sent to the person or
would be disallowed if it were claimed in
that application only because the period for
claiming the allowable rebate expired be
fore that day,
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the Minister may apply all or part of the allow
able rebate against that net tax or overdue
amount as if the person had, on the particular
day, paid or remitted the amount so applied on
account of that net tax or overdue amount.
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Application or
payment of
credit
|
(3) Where, in assessing the net tax of a
person for a particular reporting period of the
person, the Minister determines that there is
an overpayment of net tax for the particular
period, except where the assessment is made
in the circumstances described in paragraph
298(4)(a) or (b) after the time otherwise
limited therefor by paragraph 298(1)(a), the
Minister may
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(i) all or part of the overpayment
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(ii) any amount (in this paragraph re
ferred to as the ``outstanding amount'')
that, on or before the particular day that
is the day on or before which the person
was required to file a return under this
Part for the particular period, the person
defaulted in paying or remitting under
this Part and that remains unpaid or
unremitted on the day notice of the
assessment is sent to the person,
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as if the person had, on the particular day,
paid or remitted the amount so applied on
account of the outstanding amount;
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(i) all or part of the overpayment that was
not applied under paragraph (a) together
with interest thereon at the prescribed
rate, computed for the period beginning
on the day that is twenty-one days after
the latest of
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(B) the day on which the return for the
particular reporting period was filed,
and
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(C) in the case of an overpayment that
is attributable to a payment or remit
tance made on a day subsequent to the
days referred to in clauses (A) and (B),
that subsequent day,
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and ending on the day on which the
person defaulted in paying or remitting
the outstanding amount referred to in
subparagraph (ii)
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(ii) any amount (in this paragraph re
ferred to as the ``outstanding amount'')
that, on a day (in this paragraph referred
to as the ``later day'') after the particular
day, the person defaulted in paying or
remitting under this Part and that remains
unpaid or unremitted on the day notice of
the assessment is sent to the person,
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as if the person had, on the later day, paid the
amount and interest so applied on account
of the outstanding amount; and
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(c) refund to the person that part of the
overpayment that was not applied under
paragraphs (a) and (b) together with inter
est thereon at the prescribed rate, computed
for the period beginning on the day that is
twenty-one days after the latest of
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(ii) the day on which the return for the
particular reporting period was filed, and
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(iii) in the case of an overpayment that is
attributable to a payment or remittance
made on a day subsequent to the days
referred to in subparagraphs (i) and (ii),
that subsequent day,
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and ending on the day the refund is paid to
the person.
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Application or
payment of
rebate
|
(3.1) Where, in assessing the net tax of a
person for a particular reporting period of the
person or an amount (in this subsection
referred to as the ``overdue amount'') that
became payable by a person under this Part, all
or part of an allowable rebate referred to in
subsection (2.1) is not applied under that
subsection against that net tax or overdue
amount, except where the assessment is made
in the circumstances described in paragraph
298(4)(a) or (b) after the time otherwise
limited therefor by paragraph 298(1)(a), the
Minister may
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(i) all or part of the allowable rebate that
was not applied under subsection (2.1)
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(ii) any other amount (in this paragraph
referred to as the ``outstanding amount'')
that, on or before the particular day that
is
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(A) if the assessment is in respect of net
tax for the particular reporting period,
the day on or before which the return
under Division V for the particular
period was required to be filed, or
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(B) if the assessment is in respect of an
overdue amount, the day on which the
overdue amount became payable by
the person,
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the person defaulted in paying or remit
ting under this Part and that remains
unpaid or unremitted on the day notice of
the assessment is sent to the person,
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as if the person had, on the particular day,
paid or remitted the amount so applied on
account of the outstanding amount;
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(i) all or part of the allowable rebate that
was not applied under subsection (2.1) or
paragraph (a) together with interest
thereon at the prescribed rate, computed
for the period beginning on the day that
is twenty-one days after the later of
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(A) the particular day, and
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(B) where the assessment is in respect
of net tax for the particular reporting
period, the day on which the return for
the particular reporting period was
filed,
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and ending on the day on which the
person defaulted in paying or remitting
the outstanding amount referred to in
subparagraph (ii)
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(ii) any amount (in this paragraph re
ferred to as the ``outstanding amount'')
that, on a day (in this paragraph referred
to as the ``later day'') after the particular
day, the person defaulted in paying or
remitting under this Part and that remains
unpaid or unremitted on the day notice of
the assessment is sent to the person,
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as if the person had, on the later day, paid the
amount and interest so applied on account
of the outstanding amount; and
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(c) refund to the person that part of the
allowable rebate that was not applied under
any of subsection (2.1) and paragraphs (a)
and (b) together with interest thereon at the
prescribed rate, computed for the period
beginning on the day that is twenty-one
days after the later of
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(i) the particular day, and
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(ii) where the assessment is in respect of
net tax for the particular reporting period,
the day on which the return for the
particular period was filed,
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and ending on the day the refund is paid to
the person.
|
|
Limitation on
refunding
overpayments
|
(4) An overpayment of net tax for a
particular reporting period of a person and
interest thereon under paragraphs (3)(b) and
(c)
|
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(a) may not be applied under paragraph
(3)(b) against an amount (in this paragraph
referred to as the ``outstanding amount'')
that is payable or remittable by the person
unless the input tax credit or deduction to
which the overpayment is attributable
would have been allowed as an input tax
credit or deduction, as the case may be, in
determining the net tax for another report
ing period of the person if the person had
claimed the input tax credit or deduction in
a return under Division V filed on the day
the person defaulted in paying or remitting
the outstanding amount and the person were
not a specified person for the purposes of
subsection 225(4); and
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(b) may not be refunded under paragraph
(3)(c) unless
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(i) the input tax credit or deduction would
have been allowed as an input tax credit
or deduction, as the case may be, in
determining the net tax for another
reporting period of the person if the
person had claimed the input tax credit or
deduction in a return under Division V
filed on the day notice of the assessment
is sent to the person, and
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(ii) the person has filed all returns under
Division V that the person was required
to file with the Minister before the day
notice of the assessment is sent to the
person.
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