| 1993, c. 27,
ss. 70(1), (2)
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193. (1) Subsection 203(1) of the Act is
replaced by the following:
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| Sale of
passenger
vehicle
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203. (1) Where a registrant, at a particular
time in a reporting period of the registrant,
makes a taxable supply by way of sale of a
passenger vehicle that, immediately before
the particular time, was used as capital
property in commercial activities of the
registrant, the registrant may, notwithstanding
section 170, paragraphs 199(2)(a) and (4)(a)
and subsection 202(1), claim an input tax
credit for that period equal to the amount
determined by the formula
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A x (B - C) / B
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where
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A is the basic tax content of the vehicle at the
particular time;
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B is the total of
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(a) the tax that was payable by the
registrant in respect of the last
acquisition or importation of the vehicle
by the registrant,
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(b) where the registrant brought the
vehicle into a participating province after
it was last acquired or imported by the
registrant, the tax that was payable by the
registrant in respect of bringing it into
that province, and
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(c) the tax that was payable by the
registrant in respect of improvements to
the vehicle acquired, imported or brought
into a participating province by the
registrant after the property was last
acquired or imported; and
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C is the total of all input tax credits that the
registrant was entitled to claim in respect of
any tax included in the total for B.
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| 1990, c. 45,
s. 12(1);
1993, c. 27,
s. 70(3)
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(2) Paragraphs 203(2)(a) and (b) of the
Act are replaced by the following:
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(a) made, immediately before that time, a
taxable supply by way of sale of the vehicle
or aircraft; and
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(b) collected, at that time, tax in respect of
the supply equal to the basic tax content of
the vehicle or aircraft immediately before
that time.
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(3) Subsections (1) and (2) come into force
on April 1, 1997.
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| 1993, c. 27,
s. 72(1)
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194. (1) Paragraph 206(2)(b) of the Act is
replaced by the following:
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(b) except where the supply is an exempt
supply, to have paid, at the particular time,
tax in respect of the supply equal to the
basic tax content of the property at the
particular time.
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| 1993, c. 27,
s. 72(1)
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(2) Paragraph 206(3)(b) of the Act is
replaced by the following:
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(b) except where the supply is an exempt
supply, to have paid, at the particular time,
tax in respect of the supply equal to the
amount determined by the formula
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A x B
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A is the basic tax content of the property at
the particular time, and
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B is the extent (expressed as a percentage
of the total use of the property by the
registrant at the particular time) to
which the registrant increased the use of
the property in commercial activities of
the registrant at the particular time.
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| 1993, c. 27,
s. 72(1)
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(3) Paragraph 206(4)(a) of the Act is
replaced by the following:
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(a) to have made, immediately before the
particular time, a supply of the property by
way of sale and, except where the supply is
an exempt supply, to have collected, at the
particular time, tax in respect of the supply
equal to the basic tax content of the property
at the particular time; and
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| 1993, c. 27,
s. 72(1)
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(4) Paragraph 206(5)(b) of the Act is
replaced by the following:
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(b) except where the supply is an exempt
supply, to have collected, at the particular
time, tax in respect of the supply equal to
the amount determined by the formula
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A x B
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A is the basic tax content of the property at
the particular time, and
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B is the extent (expressed as a percentage
of the total use of the property by the
registrant at the particular time) to
which the registrant reduced the use of
the property in commercial activities of
the registrant at the particular time.
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(5) Subsections (1) to (4) come into force
on April 1, 1997.
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| 1993, c. 27,
s. 73(1)
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195. (1) Paragraph 207(1)(a) of the Act is
replaced by the following:
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(a) to have made, immediately before the
particular time, a supply of the property by
way of sale and, except where the supply is
an exempt supply, to have collected, at the
particular time, tax in respect of the supply
equal to the amount determined by the
formula
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A - B
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A is the basic tax content of the property at
the particular time, and
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B is the tax, if any, that the individual is
deemed under section 190 to have
collected at the particular time in re
spect of the property; and
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| 1993, c. 27,
s. 73(1)
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(2) Paragraph 207(2)(b) of the Act is
replaced by the following:
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(b) except where the supply is an exempt
supply, to have collected, at the particular
time, tax in respect of the supply equal to
the amount determined by the formula
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(A x B) - C
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A is the basic tax content of the property at
the particular time,
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B is the extent (expressed as a percentage
of the total use of the property by the
individual at the particular time) to
which the individual reduced the use of
the property in commercial activities of
the individual at the particular time, and
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C is the tax, if any, that the individual is
deemed under section 190 to have
collected at the particular time in re
spect of the property.
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(3) Subsections (1) and (2) come into force
on April 1, 1997.
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| 1993, c. 27,
s. 74(1)
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196. (1) Paragraph 208(2)(d) of the Act,
as renumbered by subsection 40.1(1), is
replaced by the following:
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(d) except where the supply is an exempt
supply, to have paid, at the particular time,
tax in respect of the supply equal to the
basic tax content of the property at the
particular time.
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| 1993, c. 27,
s. 74(1)
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(2) The description of A in paragraph
208(3)(b) of the Act is replaced by the
following:
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A is the basic tax content of the property at
the particular time, and
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| 1993, c. 27,
s. 74(2)
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(3) Subsection 208(4) of the Act is
replaced by the following:
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| Improvement
to capital real
property by
individual
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(4) Where an individual who is a registrant
acquires, imports or brings into a participating
province an improvement to real property that
is capital property of the individual, the tax
payable by the individual in respect of the
improvement shall not be included in
determining an input tax credit of the
individual if, at the time that tax becomes
payable or is paid without having become
payable, the property is primarily for the
personal use and enjoyment of the individual
or a related individual.
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(4) Subsections (1) to (3) come into force
on April 1, 1997.
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| 1993, c. 27,
s. 76(3)
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197. (1) Paragraph 211(2)(a) of the Act is
replaced by the following:
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(a) to have made, immediately before the
particular day, a taxable supply of the
property by way of sale and to have
collected, on the particular day, tax in
respect of the supply equal to the basic tax
content of the property on the particular
day; and
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(2) Subsection (1) comes into force on
April 1, 1997.
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| 1993, c. 27,
s. 77(1)
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198. (1) Section 212 of the Act is replaced
by the following:
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| Imposition of
goods and
services tax
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212. Subject to this Part, every person who
is liable under the Customs Act to pay duty on
imported goods, or who would be so liable if
the goods were subject to duty, shall pay to Her
Majesty in right of Canada tax on the goods
calculated at the rate of 7% on the value of the
goods.
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| Meaning of
``commercial
goods''
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212.1 (1) In this section, ``commercial
goods'' means goods that are imported for sale
or for any commercial, industrial,
occupational, institutional or other like use.
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| Tax in
participating
province
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(2) Subject to this Part, every person who is
resident in a participating province and is
liable under the Customs Act to pay duty on
imported goods, or who would be so liable if
the goods were subject to duty, shall pay to Her
Majesty in right of Canada, in addition to the
tax imposed by section 212, a tax on the goods
calculated at the tax rate for that province on
the value of the goods.
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| Exception
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(3) Tax under subsection (2) does not apply
to goods that are accounted for as commercial
goods under section 32 of the Customs Act,
specified motor vehicles or a mobile home or
a floating home that has been used or occupied
in Canada by any individual.
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| Application in
offshore areas
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(4) Subsection (2) does not apply to goods
imported by or on behalf of a person who is
resident in the Nova Scotia offshore area or the
Newfoundland offshore area unless the goods
are imported for consumption, use or supply in
the course of an offshore activity or the person
is also resident in a participating province that
is not an offshore area.
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(2) Subsection (1) comes into force on
April 1, 1997.
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| 1993, c. 27,
s. 78(1)
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199. (1) Section 213.1 of the Act is
replaced by the following:
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| Security
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213.1 For the purposes of this Division, the
Minister may require a person mentioned in
section 212 or 212.1 who imports goods to
provide security, in an amount determined by
the Minister and subject to such terms and
conditions as the Minister may specify, for the
payment of any amount that is or may become
payable by the person under this Division,
where provisions of the Customs Act, the
Customs Tariff or any other laws relating to
customs under which security may be required
do not apply to the payment of that amount.
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(2) Subsection (1) comes into force on
April 1, 1997.
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| 1993, c. 27,
s. 79(1)
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200. (1) Section 214 of the Act is replaced
by the following:
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| Payment of
taxes
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214. Tax on goods under this Division shall
be paid and collected under the Customs Act,
and interest and penalties shall be imposed,
calculated, paid and collected under that Act,
as if the tax were a customs duty levied on the
goods under the Customs Tariff and, for those
purposes, the Customs Act, with such
modifications as the circumstances require,
applies subject to this Division.
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| Deduction
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214.1 Where tax under section 212.1 is
payable by a person and all or any portion of
that tax is an amount that is prescribed for the
purposes of subsection 234(3), that amount
shall be deducted from that tax in determining
the amount required to be paid and collected
under section 214.
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(2) Subsection (1) comes into force on
April 1, 1997.
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| 1993, c. 27,
s. 81(1)
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201. (1) The description of A in
subsection 215.1(2) of the Act is replaced by
the following:
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A is the total of the rate of tax imposed under
section 212 at the time the goods were
accounted for under subsection 32(1), (2) or
(5) of the Customs Act and, where an
amount was paid as tax under section 212.1,
the rate of tax imposed under that section at
that time;
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(2) Subsection (1) applies to rebates in
respect of amounts paid as tax on or after
April 1, 1997.
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| 1990, c. 45,
s. 12(1)
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202. The heading ``Tax on Imported
Taxable Supplies Other Than Goods''
before section 217 of the Act is replaced by
the following:
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