1993, c. 27,
s. 113(1)
|
225. (1) The description of A in
subsection 256.1(1) of the Act is replaced by
the following:
|
|
|
A is the total (in this subsection referred to as
the ``total tax charged in respect of the
land'') of the tax that was or would, but for
section 167, have been payable by the
landlord in respect of the last acquisition of
the land by the landlord and the tax that was
payable by the landlord in respect of
improvements to the land acquired,
imported or brought into a participating
province by the landlord after the land was
last so acquired, and
|
|
|
(2) Subsection (1) comes into force on
April 1, 1997.
|
|
1993, c. 27,
s. 114(1)
|
226. (1) Subsection 257(1) of the Act is
replaced by the following:
|
|
Non- registrant sale of real property
|
257. (1) Where a person who is not a
registrant makes a particular taxable supply of
real property by way of sale, the Minister
shall, subject to subsection (2), pay a rebate to
the person equal to the lesser of
|
|
|
|
|
|
|
|
|
(2) Subsection (1) applies to supplies of
real property made on or after April 1,
1997.
|
|
1993, c. 27,
s. 115(2)
|
227. (1) Subparagraphs (a)(i) and (ii) of
the definition ``non-creditable tax
charged'' in subsection 259(1) of the Act are
replaced by the following:
|
|
|
|
|
|
|
|
|
(2) Subsection 259(3) of the Act, as
enacted by subsection 69(5), is replaced by
the following:
|
|
Rebate for
persons other
than
designated
municipa- lities
|
(3) Where a person (other than a listed
financial institution, a registrant prescribed
for the purposes of subsection 188(5) and a
person designated to be a municipality for the
purposes of this section) 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
selected public service body, charity or
qualifying non-profit organization, the
Minister shall, subject to subsections (4.1),
(4.2) and (5), pay a rebate to the person equal
to the prescribed percentage of the
non-creditable tax charged in respect of
property or a service (other than a prescribed
property or service) for the claim period.
|
|
|
(3) Subsection 259(4) of the Act, as
amended by subsection 69(6), is replaced by
the following:
|
|
Rebate for
designated
municipa- lities
|
(4) Where a person is, on the last day of a
claim period of the person or of the person's
fiscal year that includes that claim period,
designated to be a municipality for the
purposes of this section in respect of activities
(in this subsection referred to as the
``designated activities'') specified in the
designation, the Minister shall, subject to
subsections (4.1), (4.2), (4.3) and (5), pay a
rebate to the person in respect of property or
a service (other than a prescribed property or
service) equal to the total of all amounts, each
of which is an amount determined by the
formula
|
|
|
A x B x C
|
|
|
where
|
|
|
A is the prescribed percentage;
|
|
|
B is an amount that is included in the total tax
charged in respect of the property or service
for the claim period and is an amount of tax
in respect of a supply made to, or the
importation or bringing into a participating
province of the property by, the person at
any time, an amount deemed to have been
paid or collected at any time by the person,
an amount required to be added under
subsection 129(7) in determining the
person's net tax as a result of a branch or
division of the person becoming a small
supplier division at any time, or an amount
required to be added under paragraph
171(4)(b) in determining the person's net
tax as a result of the person ceasing, at any
time, to be a registrant; and
|
|
|
C is the extent (expressed as a percentage) to
which the person intended, at that time, to
consume, use or supply the property or
service in the course of the designated
activities.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(4) The portion of subsection 259(4.1) of
the Act after paragraph (b) and before
paragraph (c), as enacted by subsection
69(7), is replaced by the following:
|
|
|
|
|
|
subject to subsection (4.2), the rebate, if any,
payable to the person under subsection (3) or
(4) in respect of property or a service for a
claim period is equal to the total of
|
|
|
(5) Paragraph 259(4.1)(d) of the Act, as
enacted by subsection 69(7), is replaced by
the following:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(6) Section 259 of the Act, as amended by
section 69, is amended by adding the
following after subsection (4.1):
|
|
Rebates in
respect of tax
in
participating
provinces
|
(4.2) In determining a rebate under this
section payable to a person (other than a
person to whom subsection (4.3) applies), no
tax under any of subsection 165(2), sections
212.1 and 218.1 and Division IV.1 payable or
deemed to have been paid or collected by the
person shall be included
|
|
|
|
|
|
|
|
|
|
|
|
unless the person is a
|
|
|
|
|
|
|
|
|
|
|
Rebate to
qualifying
non-profit
organization
in
Newfoundlan
d
|
(4.3) Where a rebate under this section is
payable to a qualifying non-profit
organization that is resident in Newfoundland
and designated by the Minister to be a
municipality for the purposes of this section,
the amount of the rebate is equal to the total of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(7) Subsection (1) applies to tax that
becomes payable, or that is deemed to have
been collected, after March 1997.
|
|
|
(8) Subsections (2) to (6) come into force
on April 1, 1997.
|
|
|
228. (1) Section 259.1 of Act, as enacted
by subsection 69.1(1), is amended by adding
the following after subsection (5):
|
|
No adjustment
of provincial
component of
tax
|
(6) No amount of tax under subsection
165(2) in respect of a supply of property
referred to in subsection 259.1(2) shall be
included in the amount that may be deducted
or that is required to be added, as the case may
be, under section 231 or 232 in determining
the net tax of the person for any reporting
period of the person.
|
|
|
(2) Subsection (1) comes into force on
April 1, 1997.
|
|
|
229. (1) The Act is amended by adding the
following after section 261:
|
|
Rebate in
respect of
goods
removed from
a participating
province
|
261.1 (1) Where
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
the Minister shall, subject to section 261.4,
pay a rebate to the person equal to the tax paid
under subsection 165(2) by the person in
respect of the supply.
|
|
Stored goods
|
(2) For the purposes of subsection (1),
where a person places property in storage after
it is delivered to the person in a participating
province, the period during which the person
holds the property in storage shall not be taken
into account in determining whether the
person removes the property from the
province within thirty days after delivery.
|
|
Rebate in
respect of
goods
imported at a
place in a
non- participating province
|
261.2 Where
|
|
|
|
|
|
|
|
|
|
|
|
the Minister shall, subject to section 261.4,
pay a rebate to the person equal to the amount
of the tax under subsection 212.1(2) paid by
the person.
|
|
Rebate in
respect of
intangible
personal
property or
services
supplied in a
participating
province
|
261.3 (1) Where a person who is a resident
in Canada is the recipient of a supply of
intangible personal property or a service that
is acquired by the person for consumption, use
or supply primarily outside the participating
provinces and tax under subsection 165(2) is
payable in respect of the supply, the Minister
shall, subject to section 261.4, pay a rebate to
the person equal to the amount determined by
the formula
|
|
|
A x B
|
|
|
where
|
|
|
A is the amount of that tax; and
|
|
|
B is the extent (expressed as a percentage) to
which the intangible personal property or
service is acquired by the person for
consumption, use or supply outside the
participating provinces.
|
|
Exception for
investment
plans, etc.
|
(2) A rebate is not payable under subsection
(1) to a listed financial institution described in
subparagraph 149(1)(a)(vi) or (ix) in respect
of a supply of a specified service within the
meaning assigned by subsection 261.31(1).
|
|
Meaning of
``specified
service''
|
261.31 (1) In this section, ``specified
service'' means a management or
administrative service and any other service
provided to the recipient of a supply of a
management or administrative service by the
supplier of that management or administrative
service.
|
|
Rebate for
management
services
supplied to
investment
plans, etc.
|
(2) Where a listed financial institution
described in subparagraph 149(1)(a)(vi) or
(ix), other than a selected listed financial
institution, is the recipient of a supply of a
specified service and tax under subsection
165(2), 218.1(1) or 220.08(1) is payable in
respect of the supply, the Minister shall,
subject to section 261.4, pay a rebate to the
financial institution equal to
|
|
|
|
|
|
A x B
|
|
|
where
|
|
|
A is the amount of that tax, and
|
|
|
B is the extent (expressed as a percentage) to
which the financial institution may
reasonably be regarded as holding or
investing funds for the benefit of persons
who are resident outside the participating
provinces; and
|
|
|
|
|
|
A - (B x C)
|
|
|
where
|
|
|
A is the amount of that tax,
|
|
|
B is the amount of tax that would be payable
under that subsection if the service were
acquired by the financial institution for
consumption, use or supply exclusively in
participating provinces, and
|
|
|
C is the extent (expressed as a percentage) to
which the financial institution may
reasonably be regarded as holding or
investing funds for the benefit of persons
who are resident in participating provinces.
|
|
Election by
segregated
fund and
insurer
|
(3) An insurer and a segregated fund of the
insurer may elect, in prescribed form
containing prescribed information, to have the
insurer pay to, or credit in favour of, the
segregated fund the amount of any rebates
payable to the segregated fund under
subsection (2) in respect of supplies of
specified services made by the insurer to the
segregated fund.
|
|