1990, c. 45,
s. 12(1)
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(6) The definition ``reporting period'' in
section 217 of the Act is repealed.
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(7) Subsections (1) to (6) are deemed to
have come into force on January 1, 1997.
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1990, c. 45,
s. 12(1)
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43. (1) Section 219 of the Act is replaced
by the following:
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Filing of
returns and
payment of
tax
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219. Where tax under this Division is
payable by a person,
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(a) where the person is a registrant, the
person shall, on or before the day on or
before which the person's return under
section 238 for the reporting period in
which the tax became payable is required to
be filed, pay the tax to the Receiver General
and report the tax in that return; and
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(b) in any other case, the person shall, on or
before the last day of the month following
the calendar month in which the tax became
payable, pay the tax to the Receiver General
and file with the Minister in prescribed
manner a return in respect of the tax in
prescribed form containing prescribed
information.
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(2) Subsection (1) is deemed to have come
into force on January 1, 1997.
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1990, c. 45,
s. 12(1)
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43.1 (1) Subsection 221(4) of the Act is
replaced by the following:
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Definitions
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(4) In subsection (3), ``continuous outbound
freight movement'' and ``shipper'' have the
same meanings as in Part VII of Schedule VI.
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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);
1993, c. 27,
s. 203 (Sch. I,
item 1(a))
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44. (1) Subsections 225(3) and (4) of the
Act are replaced by the following:
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Restriction
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(3) An amount shall not be included in the
total for B in the formula set out in subsection
(1) for a particular reporting period of a person
to the extent that the amount was claimed or
included as an input tax credit or deduction in
determining the net tax for a preceding
reporting period of the person unless
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(a) the person was not entitled to claim the
amount in determining the net tax for the
preceding period only because the person
did not satisfy the requirements of
subsection 169(4) in respect of the amount
before the return for that preceding period
was filed; and
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(b) where the person is claiming the amount
in a return for the particular reporting
period and the Minister has not disallowed
the amount as an input tax credit in
assessing the net tax of the person for that
preceding reporting period,
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(i) the person reports in writing to the
Minister, at or before the time the return
for the particular reporting period is filed,
that the person made an error in claiming
that amount in determining the net tax of
the person for that preceding period, and
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(ii) where the person does not report the
error to the Minister at least three months
before the time limited by subsection
298(1) for assessing the net tax of the
person for that preceding period expires,
the person pays, at or before the time the
return for the particular reporting period
is filed, the amount and any applicable
penalty and interest to the Receiver
General.
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Restriction
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(3.1) An amount shall not be included in the
total for B in the formula set out in subsection
(1) for a reporting period of a person to the
extent that, before the end of the period, the
amount was refunded to the person under this
or any other Act of Parliament or was remitted
to the person under the Financial
Administration Act or the Customs Tariff.
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Limitation
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(4) An input tax credit of a person for a
particular reporting period of the person shall
not be claimed by the person unless it is
claimed in a return under this Division filed by
the person on or before the day that is
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(a) where the person is a specified person
during the particular reporting period,
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(i) if the input tax credit is in respect of
property or a service supplied to the
person by a supplier who did not, before
the end of the particular reporting period,
charge the tax in respect of the supply that
became payable during the particular
reporting period and the person pays that
tax after the end of the particular
reporting period and before the input tax
credit is claimed, the earlier of
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(A) the day on or before which the
return under this Division is required
to be filed for the last reporting period
of the person that ends within two
years after the end of the person's
fiscal year in which the supplier
charges that tax to the person, and
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(B) the day on or before which the
return under this Division is required
to be filed for the last reporting period
of the person that ends within four
years after the end of the particular
reporting period,
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(ii) if the input tax credit was claimed in
a return under this Division filed, on or
before the day on or before which the
return under this Division is required to
be filed for the last reporting period of the
person that ends within two years after
the end of the person's fiscal year that
includes the particular reporting period,
by another person who was not entitled to
claim it and the person has paid the tax
payable in respect of the acquisition or
importation of the property or service,
the day on or before which the return
under this Division is required to be filed
for the last reporting period of the person
that ends within four years after the end
of the particular reporting period, and
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(iii) in any other case, the day on or
before which the return under this
Division is required to be filed for the last
reporting period of the person that ends
within two years after the end of the
person's fiscal year that includes the
particular reporting period;
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(b) where the person is not a specified
person during the particular reporting
period, the day on or before which the return
under this Division is required to be filed for
the last reporting period of the person that
ends within four years after the end of the
particular reporting period; or
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(i) the input tax credit is in respect of
property or a service supplied to the
person by a supplier who did not, before
the end of the last reporting period of the
person that ends within four years after
the end of the particular reporting period,
charge the tax in respect of the supply that
became payable during the particular
reporting period and the supplier
discloses in writing to the person that the
Minister has assessed the supplier for that
tax, and
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(ii) the person pays that tax after the end
of that last reporting period and before
the input tax credit is claimed by the
person,
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the day on or before which the return under
this Division is required to be filed for the
reporting period of the person in which the
person pays that tax.
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Meaning of
``specified
person''
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(4.1) For the purposes of subsection (4), a
person is a ``specified person'' during a
reporting period of the person if
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(a) the person is a listed financial institution
described in any of subparagraphs
149(1)(a)(i) to (x) during the reporting
period, or
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(b) the person's threshold amounts,
determined in accordance with subsection
249(1), exceed $6 million for both the
particular fiscal year of the person that
includes the reporting period and the
person's previous fiscal year,
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unless, in the case of a person who is not a
listed financial institution described in any of
subparagraphs 149(1)(a)(i) to (x) during the
reporting period, the person is a charity during
the reporting period or all or substantially all
of the supplies made by the person during
either of the person's two fiscal years
immediately preceding the particular fiscal
year (other than supplies of financial services)
are taxable supplies.
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(2) Subsections 225(3) and (3.1) of the
Act, as enacted by subsection (1), are
deemed to have come into force on April 23,
1996.
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(3) Subsection 225(4) of the Act, as
enacted by subsection (1), applies to
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(a) input tax credits for reporting periods
ending after June 1996;
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(b) input tax credits for reporting periods
ending before July 1996, other than input
tax credits that are claimed in a return
under Division V of Part IX of the Act
filed on or before June 30, 1998; and
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(c) input tax credits for reporting periods
ending before July 1996 that are claimed
in a return under that Division in the
circumstances described in paragraph
225(4)(c) of the Act, as enacted by
subsection (1).
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(4) Subsection 225(4.1) of the Act, as
enacted by subsection (1), is deemed to have
come into force on July 1, 1996 and the
reference to a ``charity'' in that subsection
shall be interpreted as if the definitions
``charity'' and ``public institution'' in
subsection 123(1) of the Act, as enacted by
subsections 1(1) and (12) respectively, came
into force on that day.
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45. (1) The Act is amended by adding the
following after section 225:
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Meaning of
``specified
supply''
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225.1 (1) In this section, ``specified
supply'' means a taxable supply other than
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(a) a supply by way of sale of real property
or capital property;
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(b) a supply deemed under section 175.1 or
181.1 or subsection 183(5) or (6) to have
been made; and
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(c) a supply to which subsection 172(2) or
173(1) applies.
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Net tax
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(2) Subject to subsection (7), the net tax for
a particular reporting period of a charity that
is a registrant is equal to the positive or
negative amount determined by the formula
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A - B
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where
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A is the total of
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(a) 60% of the total of all amounts that
became collectible and all other amounts
collected by the charity in the particular
reporting period as or on account of tax in
respect of specified supplies made by the
charity,
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(b) the total of all amounts that became
collectible and all other amounts
collected by the charity in the particular
reporting period as or on account of tax in
respect of
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(i) supplies by way of sale of capital
property or real property made by the
charity,
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(ii) supplies by the charity to which
subsection 172(2) or 173(1) applies,
and
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(iii) supplies made by the charity
acting as agent for another person and
in respect of which the charity has
made an election under subsection
177(1.1),
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(c) all amounts in respect of supplies of
real property or capital property made by
way of sale to the charity that are required
under subsection 231(3) or 232(3) to be
added in determining the net tax for the
particular reporting period, and
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(d) the amount required under subsection
238.1(4) to be added in determining the
net tax for the particular reporting period;
and
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B is the total of
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(a) all input tax credits of the charity for
the particular reporting period and
preceding reporting periods in respect of
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(i) real property acquired by the
charity by way of purchase,
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(ii) personal property imported or
acquired by the charity for use as
capital property, and
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(iii) improvements to real property or
capital property of the charity
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that are claimed in the return under this
Division filed for the particular reporting
period,
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(b) 60% of the total of all amounts in
respect of specified supplies that may be
deducted by the charity under subsection
232(3) or 234(2) in determining the net
tax for the particular reporting period and
are claimed in the return under this
Division filed for that reporting period,
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(c) the total of all amounts in respect of
supplies of real property or capital
property made by way of sale by the
charity that may be deducted by the
charity under subsection 231(1) or 232(3)
or section 234 in determining the net tax
for the particular reporting period and are
claimed in the return under this Division
filed for that reporting period, and
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(d) the total of all amounts each of which
is an input tax credit (other than an input
tax credit referred to in paragraph (a)) of
the charity, for a preceding reporting
period in respect of which this subsection
did not apply for the purpose of
determining the net tax of the charity, that
the charity was entitled to include in
determining its net tax for that preceding
reporting period and that is claimed in the
return under this Division filed for the
particular reporting period.
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Restriction
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(3) An amount shall not be included in
determining a total under the description of A
in subsection (2) for a reporting period of a
charity to the extent that that amount was
included in that total for a preceding reporting
period of the charity.
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Restriction
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(4) An amount shall not be included in the
total for B in the formula set out in subsection
(2) for a particular reporting period of a
charity to the extent that the amount was
claimed or included as an input tax credit or
deduction in determining the net tax for a
preceding reporting period of the charity
unless
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(a) the charity was not entitled to claim the
amount in determining the net tax for that
preceding period only because the charity
did not satisfy the requirements of
subsection 169(4) in respect of the amount
before the return for that preceding period
was filed; and
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(b) where the charity is claiming the amount
in a return for the particular reporting
period and the Minister has not disallowed
the amount as an input tax credit in
assessing the net tax of the charity for that
preceding reporting period,
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(i) the charity reports in writing to the
Minister, at or before the time the return
for the particular reporting period is filed,
that the charity made an error in claiming
that amount in determining the net tax of
the charity for that preceding period, and
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(ii) where the charity does not report the
error to the Minister at least three months
before the time limited by subsection
298(1) for assessing the net tax of the
charity for that preceding period expires,
the charity pays, at or before the time the
return for the particular reporting period
is filed, the amount and any applicable
penalty and interest to the Receiver
General.
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Restriction
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(4.1) An amount shall not be included in the
total for B in the formula set out in subsection
(2) for a reporting period of a charity to the
extent that, before the end of the period, the
amount became refundable to the charity
under this or any other Act of Parliament or
was remitted to the charity under the
Financial Administration Act or the Customs
Tariff.
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Application
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(5) Sections 231 to 236 do not apply for the
purpose of determining the net tax of a charity
in accordance with subsection (2) except as
otherwise provided in this section.
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Election
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(6) Where a charity that makes supplies
outside Canada, or zero-rated supplies, in the
ordinary course of a business or all or
substantially all of whose supplies are taxable
supplies elects not to determine its net tax in
accordance with subsection (2), that
subsection does not apply in respect of any
reporting period of the charity during which
the election is in effect.
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Form and
content of
election
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(7) An election under subsection (6) by a
charity shall
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(a) be filed in prescribed manner with the
Minister in prescribed form containing
prescribed information;
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(b) set out the day the election is to become
effective, which day shall be the first day of
a reporting period of the charity;
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(c) remain in effect until a revocation of the
election becomes effective; and
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(i) where the first reporting period of the
charity in which the election is in effect
is a fiscal year of the charity, on or before
the first day of the second fiscal quarter
of that year or such later day as the
Minister may determine on application
of the charity, and
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(ii) in any other case, on or before the day
on or before which the return of the
charity is required to be filed under this
Division for the first reporting period of
the charity in which the election is in
effect or on such later day as the Minister
may determine on application of the
charity.
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Revocation
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(8) An election under subsection (6) by a
charity may be revoked, effective on the first
day of a reporting period of the charity,
provided that that day is not earlier than one
year after the election became effective and a
notice of revocation of the election in
prescribed form containing prescribed
information is filed in prescribed manner with
the Minister on or before the day on or before
which the return under this Division is
required to be filed for the last reporting
period of the charity in which the election is in
effect.
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Restriction on
input tax
credits
|
(9) Where an election under subsection (6)
by a charity becomes effective on a day, an
amount
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(a) that is an input tax credit of the charity,
or
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(b) that is in respect of a specified supply
and may be deducted by the charity under
subsection 232(3) or 234(2) in determining
the net tax of the charity,
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for a reporting period ending before that day
and that is not claimed in a return for any
reporting period ending before that day shall
not be claimed by the charity in a return for a
reporting period ending after that day except
to the extent that the charity was entitled to
include the amount in the total determined for
B in the formula in subsection (2) for any
reporting period ending before that day.
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Streamlined
input tax
credit
calculation
|
(10) Where a charity is a prescribed person
for the purposes of subsection 259(12) during
a reporting period of the charity, any input tax
credit that the charity is entitled to claim in a
return for that reporting period may be
determined in accordance with Part V.1 of the
Streamlined Accounting (GST) Regulations as
if the charity had made a valid election under
section 227 that is in effect at all times while
the charity is a prescribed person.
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