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D is an amount of tax (other than tax
that the person was exempt from
paying under any other Act or
law) under subsection 165(1) or
section 212 or 218 referred to in
any of subparagraphs (i) to (iii) of
the description of A that became
payable, or would have become
payable in the circumstances
described in that subparagraph,
by the person while the person
was a selected listed financial
institution,
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E is the person's percentage for a
participating province
determined for the purposes of
subsection 225.2(2) for the
person's taxation year that
includes the time that amount so
became payable, or would have
so become payable,
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F is that province's tax rate, and
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(i) all tax referred to in
subparagraphs (i) to (iv) of the
description of A that the person was
exempt from paying under any other
Act or law,
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(ii) all tax (other than tax referred to
in subparagraph (i)) under
subsection 165(2) and section 212.1
referred to in any of subparagraphs
(i) to (iv) of the description of A that
became payable by the person, or
would have become payable by the
person in the circumstances
described in that subparagraph,
while the person was a selected
listed financial institution,
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(iii) all amounts (other than input
tax credits and amounts referred to
in subparagraphs (i) and (ii)) in
respect of tax referred to in
subparagraphs (i) and (ii) of the
description of A that the person was
entitled to recover by way of rebate,
refund, remission or otherwise
under this or any other Act or law or
would have been entitled to so
recover if the property or
improvement had been acquired for
use exclusively in activities that are
not commercial activities, and
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(iv) all amounts (other than input tax
credits and amounts referred to in
subparagraphs (i) and (ii)) in respect
of tax referred to in subparagraphs
(iii) and (iv) of the description of A
that the person would have been
entitled to recover by way of rebate,
refund, remission or otherwise
under this or any other Act or law if
that tax had been payable and the
property or improvement had been
acquired for use exclusively in
activities that are not commercial
activities, and
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C is the lesser of 1 and the fraction
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H/I
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H is the fair market value of the
property at the particular time, and
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(i) the value of the consideration for
the last supply to the person of the
property or, where the property was
last imported by the person, the
value of the property determined
under section 215, and
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(ii) where the person acquired or
imported improvements to the
property after the property was last
so acquired or imported, the total of
all amounts each of which is the
value of the consideration for a
supply to the person of such an
improvement or, where such an
improvement is property that was
imported or brought into a
participating province by the
person, the value of the property
determined under section 215 or
subsection 220.05(1), 220.06(1) or
220.07(3), as the case may require,
and
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(b) where the person brought the property
into a participating province from a
non-participating province for
consumption, use or supply in the
participating province in circumstances
in which the person was required to pay
tax in respect of the property under
section 220.05, or would have been
required to pay that tax but for the fact
that the property was brought into that
province for consumption, use or supply
exclusively in commercial activities or
the person was exempt from paying that
tax under any other Act or law, the
amount determined by the formula
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(J - K) x L
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(i) the basic tax content of the
property, determined under
paragraph (a), immediately before
the property was brought into the
province,
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(ii) the tax that became payable by
the person in respect of the property
under section 220.05 when the
property was brought into the
participating province,
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(iii) the tax that was payable by the
person in respect of improvements
to the property acquired, imported
or brought into a participating
province by the person after the
property was brought into the
participating province,
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(iv) the tax that would, but for
subsection 153(4) or section 167,
have been payable by the person in
respect of improvements to the
property acquired by the person
after the property was brought into
the participating province,
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(v) the tax under section 220.05 that
would have become payable by the
person in respect of the property,
and the tax under any of sections 218
and 218.1 and Division IV.1 that
would have become payable by the
person in respect of improvements
to the property acquired, imported
or brought into a participating
province by the person after the
property was brought into the
participating province, but for the
fact that the person brought the
property into the participating
province, or acquired or imported
the improvement or brought it into
the province, as the case may be, for
consumption, use or supply
exclusively in the course of
commercial activities of the person,
and
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(vi) all amounts determined by the
formula
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M x N x O/P
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M is an amount of tax (other than tax
that the person was exempt from
paying under any other Act or
law) under subsection 165(1) or
section 212 or 218 referred to in
subparagraph (iii) or (iv) of the
description of J that became
payable, or would have become
payable in the circumstances
described in that subparagraph,
by the person after the property
was brought into the participating
province and while the person
was a selected listed financial
institution,
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N is the person's percentage for a
participating province
determined for the purposes of
subsection 225.2(2) for the
person's taxation year that
includes the time that amount so
became payable, or would have
so become payable,
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O is that province's tax rate, and
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(i) all tax referred to in
subparagraphs (ii) to (v) of the
description of J that the person was
exempt from paying under any other
Act or law,
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(ii) all tax (other than tax referred to
in subparagraph (i)) under
subsection 165(2) and section 212.1
referred to in any of subparagraphs
(ii) to (v) of the description of J that
became payable by the person, or
would have become payable by the
person in the circumstances
described in that subparagraph,
while the person was a selected
listed financial institution,
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(iii) all amounts (other than input
tax credits and amounts referred to
in subparagraphs (i) and (ii)) in
respect of tax referred to in
subparagraphs (ii) and (iii) of the
description of J that the person was
entitled to recover by way of rebate,
refund, remission or otherwise
under this or any other Act or law or
would have been entitled to so
recover if the property or
improvement had been acquired for
use exclusively in activities that are
not commercial activities, and
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(iv) all amounts (other than input tax
credits and amounts referred to in
subparagraphs (i) and (ii)) in respect
of tax referred to in subparagraphs
(iv) and (v) of the description of J
that the person would have been
entitled to recover by way of rebate,
refund, remission or otherwise
under this or any other Act or law if
that tax had been payable and the
property or improvement had been
acquired for use exclusively in
activities that are not commercial
activities, and
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L is lesser of 1 and the fraction
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Q/R
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Q is the fair market value of the
property at the particular time,
and
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(i) the value of the property
determined under subsection
220.05(1), 220.06(1) or
220.07(3), as the case may
require, at the time the property
was brought into the participating
province, and
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(ii) where the person acquired or
imported improvements to the
property after the property was
brought into the participating
province, the total of all amounts
each of which is the value of the
consideration for a supply to the
person of such an improvement
or, where such an improvement is
property that was imported or
brought into a participating
province by the person, the value
of the improvement determined
under section 215 or subsection
220.05(1), 220.06(1) or
220.07(3), as the case may
require;
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``non-
participating
province''
« province
non
participan-
te »
|
``non-participating province'' means
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(a) a province that is not a participating
province, or
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(b) another area in Canada that is outside
the participating provinces;
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``participating
province''
« province
participan-
te »
|
``participating province'' means a province
referred to in Schedule VIII;
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``selected
listed
financial
institution''
« institution
financière
désignée
particuliè-
re »
|
``selected listed financial institution'' means,
at any time, a listed financial institution
who is at that time a selected listed financial
institution under subsection 225.2(1);
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``specified
motor
vehicle''
« véhicule à
moteur
déterminé »
|
``specified motor vehicle'' means
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(a) goods that are or would, if they were
imported, be classified under any of tariff
item 8701.20.00, subheading Nos.
8701.30 and 8701.90, heading No. 87.02,
tariff item 8703.10.10, subheading Nos.
8703.21 to 8703.90 and 8704.21 to
8704.90, heading 87.05, tariff items
8711.20.00 to 8711.90.00 and
8713.90.00, 8716.10.21, 8716.10.29 and
8716.39.30 to 8716.40.00 and
subheading No. 8716.80 of Schedule I to
the Customs Tariff, other than racing cars
classified under heading No. 87.03 of
that Schedule and prescribed motor
vehicles, and
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(b) prescribed motor vehicles;
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``tax rate''
« taux de
taxe »
|
``tax rate'', for or in relation to a participating
province, means the rate set opposite the
name of the province in Schedule VIII;
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|
| 1990, c. 45,
s. 12(1)
|
(7) Subsection 123(4) of the Act is
replaced by the following:
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|
| Application of
provisions to
schedules
|
(4) Any provision of this Part that applies
for the purposes of this Part also applies for the
purposes of Schedules V to X.
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|
|
(8) Subsections (1) to (7) come into force
on April 1, 1997.
|
|
| 1993, c. 27,
s. 13(1)
|
151. (1) Paragraph 129.1(2)(a) of the Act
is replaced by the following:
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|
(a) is in respect of property (other than
capital property or improvements thereto)
acquired, imported or brought into a
participating province by the body for the
purpose of consumption, use or supply in
the course of activities engaged in by the
body through a small supplier division of
the body; or
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|
| 1993, c. 27,
s. 13(1)
|
(2) Subsection 129.1(3) of the Act is
repealed.
|
|
| 1993, c. 27,
s. 13(1)
|
(3) Subsections (1) and (2) come into
force on April 1, 1997.
|
|
|
|
152. (1) The Act is amended by adding the
following after section 132:
|
|
| Person
resident in a
province
|
132.1 (1) For the purposes of this Part, other
than determining the place of residence of an
individual in the individual's capacity as a
consumer, a person is deemed to be resident in
a province if the person is resident in Canada
and
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(a) in the case of a corporation, the
corporation is incorporated or continued
under the laws of that province and not
continued elsewhere;
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(b) in the case of a partnership, an
unincorporated society, a club, an
association or an organization, or a branch
thereof, the member, or a majority of the
members, having management and control
thereof is or are resident in that province;
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(c) in the case of a labour union, it is
carrying on activities as such in that
province and has a local union or branch in
that province; or
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|
(d) in any case, the person has a permanent
establishment in that province.
|
|
Meaning of
``permanent
establish-
ment''
|
(2) In this section and Schedule IX,
``permanent establishment'' of a person
means
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|
(a) in the case of an individual, the estate of
a deceased individual or a trust that carries
on a business (within the meaning assigned
by subsection 248(1) of the Income Tax
Act), a permanent establishment (as defined
for the purposes of Part XXVI of the Income
Tax Regulations) of the person;
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|
(b) in the case of a corporation that carries
on a business (within the meaning assigned
by subsection 248(1) of that Act), a
permanent establishment (as defined for the
purposes of Part IV of those Regulations) of
the person;
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|
(c) in the case of a particular partnership
|
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|
(i) a permanent establishment (as defined
for the purposes of Part XXVI of the
those Regulations) of a member that is an
individual, the estate of a deceased
individual or a trust where the
establishment relates to a business
(within the meaning assigned by
subsection 248(1) of that Act) carried on
through the partnership,
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|
(ii) a permanent establishment (as
defined for the purposes of Part IV of
those Regulations) of a member that is a
corporation where the establishment
relates to a business (within the meaning
assigned by subsection 248(1) of that
Act) carried on by the particular
partnership, or
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|
(iii) a permanent establishment (within
the meaning of this subsection) of a
member that is a partnership where the
establishment relates to a business
(within the meaning assigned by
subsection 248(1) of that Act) carried on
by the particular partnership; and
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|
(d) in any other case, a place that would be
a permanent establishment (as defined for
the purposes of Part IV of those
Regulations) of the person if the person
were a corporation and its activities were a
business for purposes of that Act.
|
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|
(2) Subsection (1) comes into force on
April 1, 1997.
|
|
|
|
153. (1) Subsection 136(2.1) of the Act is
repealed.
|
|
|
|
(2) Subsection (1) comes into force on
April 1, 1997.
|
|
|
|
154. (1) The Act is amended by adding the
following after section 136:
|
|
| Lease, etc. of
property
|
136.1 (1) For the purposes of this Part,
where a supply of property is made by way of
lease, licence or similar arrangement to a
person for consideration that includes a
payment that is attributable to a period (in this
subsection referred to as the ``lease interval'')
that is the whole or a part of the period during
which possession or use of the property is
provided under the arrangement,
|
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|
(a) the supplier is deemed to have made,
and the person is deemed to have received,
a separate supply of the property for the
lease interval;
|
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|
(b) the supply of the property for the lease
interval is deemed to be made on the earliest
of
|
|
|
|
(i) the first day of the lease interval,
|
|
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|
(ii) the day on which the payment that is
attributable to the lease interval becomes
due, and
|
|
|
|
(iii) the day on which the payment that is
attributable to the lease interval is paid;
and
|
|
|
|
(c) the payment that is attributable to the
lease interval is deemed to be consideration
payable in respect of the supply of the
property for the lease interval.
|
|