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the distributor may deduct the amount
determined under paragraph (d) in
determining the net tax for the particular
reporting period of the distributor in which the
payment or credit is given or a subsequent
reporting period, in a return under Division V
filed by the distributor within four years after
the day on or before which the return under
Division V for the particular reporting period
is required to be filed.
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Adjustment
where supply
is in
participating
province
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(6) Where
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(a) a distributor of a direct seller makes a
supply outside the participating provinces
of an exclusive product of the direct seller
in circumstances in which an amount is
required under paragraph (1)(d) to be added
in determining the net tax of the distributor,
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(b) no tax under subsection 165(2) in
respect of the supply is included in the
amount required under paragraph (1)(d) to
be added in determining the net tax of the
distributor, and
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(c) a particular independent sales contractor
of the direct seller (other than the
distributor) makes at a particular time a
supply of the product in a participating
province,
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in determining the net tax of the distributor for
the reporting period of the distributor that
includes the particular time, there shall be
added an amount equal to the tax that would
be payable under subsection 165(2) in respect
of the supply, calculated on the suggested
retail price of the product at the particular
time, if the supply by the distributor were
made in that participating province at the
particular 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. 43(1)
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172. (1) Paragraph 178.5(8)(a) of the Act
is replaced by the following:
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(a) after March, 1993 a registrant, who is a
direct seller in respect of whom an approval
granted under subsection 178.2(3) is in
effect or who is a distributor of such a direct
seller, acquires or imports property (other
than an exclusive product of the direct
seller) or a service or brings it into a
participating province for supply to an
independent sales contractor of the direct
seller or an individual related thereto,
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(2) Subsection (1) comes into force on
April 1, 1997.
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173. (1) Paragraph 179(1)(c) of the Act, as
amended by subsection 30(2), is replaced by
the following:
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(c) the registrant is deemed to have made to
the non-resident person, and the
non-resident person is deemed to have
received from the registrant, a taxable
supply of the property,
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(c.1) where physical possession of the
property was so transferred at a place in a
participating province, that supply is,
subject to subsections (2) and (3), deemed
to have been made in that province,
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(c.2) that supply is deemed to have been
made for consideration, that becomes due
and is paid at that time, equal to
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(i) where the registrant has caused
physical possession of the property to be
transferred to a consignee to whom the
non-resident person has supplied the
property for no consideration, nil, and
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(ii) in any other case, the fair market
value of the property at that time, and
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1993, c. 27,
s. 44(3)
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(2) Paragraph 179(6)(b) of the Act is
replaced by the following:
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(b) does not claim an input tax credit in
respect 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. 46(1)
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174. (1) Subsection 181(1) of the Act is
replaced by the following:
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Definitions
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181. (1) The definitions in this subsection
apply in this section.
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``coupon''
« bon »
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``coupon'' includes a voucher, receipt, ticket
or other device but does not include a gift
certificate.
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``tax fraction''
« fraction de
taxe »
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``tax fraction'' of a coupon value or of the
discount or exchange value of a coupon
means
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(a) where the coupon is accepted in full
or partial consideration for a supply made
in a participating province, the fraction
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A/B
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A is the total of 7% and the tax rate for
that participating province, and
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B is the total of 100% and the percentage
determined for A; and
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(b) in any other case, 7/107.
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1993, c. 27,
s. 46(1)
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(2) Subsection 181(3) of the Act is
replaced by the following:
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Acceptance of
non-
reimbursable
coupon
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(3) Where at any time a registrant accepts,
in full or partial consideration for a taxable
supply of property or a service (other than a
zero-rated supply), a coupon that entitles the
recipient of the supply to a reduction of the
price of the property or service equal to a fixed
dollar amount specified in the coupon or a
fixed percentage, specified in the coupon, of
the price (the amount of which reduction is, in
each case, referred to in this subsection as the
``coupon value'') and the registrant can
reasonably expect not to be paid an amount for
the redemption of the coupon by another
person,
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(a) the registrant shall, for the purposes of
this Part, treat the coupon as
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(i) reducing the value of the
consideration for the supply as provided
for in subsection (4), or
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(ii) a partial cash payment that does not
reduce the value of the consideration for
the supply; and
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(b) where the registrant treats the coupon as
a partial cash payment that does not reduce
the value of the consideration for the
supply, paragraphs (2)(a) to (c) apply in
respect of the supply and the coupon and the
registrant may claim an input tax credit for
the registrant's reporting period that
includes that time equal to the tax fraction
of the coupon value.
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1994, c. 9,
s. 10(1)
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(3) Paragraph 181(5)(c) of the Act is
replaced by the following:
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(c) where the supply is not a zero-rated
supply and the coupon entitled the recipient
to a reduction of the price of the property or
service equal to a fixed dollar amount
specified in the coupon or a fixed
percentage, specified in the coupon, of the
price (the amount of which reduction is, in
each case, referred to in this subsection as
the ``coupon value'') the particular person,
if a registrant (other than a registrant who is
a prescribed registrant for the purposes of
subsection 188(5)) at that time, may claim
an input tax credit for the reporting period
of the particular person that includes that
time equal to the tax fraction of the coupon
value, unless all or part of that coupon value
is an amount of an adjustment, refund or
credit to which subsection 232(3) applies.
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(4) Subsections (1) to (3) come into force
on April 1, 1997.
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1993, c. 29,
s. 46(2)
|
175. (1) Paragraph 181.1(e) of the Act is
replaced by the following:
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(e) the registrant may claim an input tax
credit for the reporting period of the
registrant that includes that time equal to
the product obtained when the amount of
the rebate is multiplied by the fraction (in
this section referred to as the ``tax fraction
in respect of the rebate'')
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A/B
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(i) where tax under subsection 165(2)
was payable in respect of the supply of
the property or service to the particular
person, the total of 7% and the tax rate
of the participating province in which
that supply was made, and
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(ii) in any other case, 7%, and
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B is the total of 100% and the percentage
determined for A, and
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1993, c. 27,
s. 46(2)
|
(2) The description of A in paragraph
181.1(f) of the Act is replaced by the
following:
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A is the tax fraction in respect of the
rebate,
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(3) Subsections (1) and (2) come into force
on April 1, 1997.
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176. (1) Paragraphs 182(1)(a) and (b) of
the Act, as enacted by subsection 32(1), are
replaced by the following:
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(a) the person is deemed to have paid, at that
time, an amount of consideration for the
supply equal to the amount determined by
the formula
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(A/B) x C
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(i) where tax under subsection 165(2)
was payable in respect of the supply,
the total of 107% and the tax rate for
the participating province in which the
supply was made, and
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(ii) in any other case, 107%, and
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C is the amount paid, forfeited or
extinguished, or by which the debt or
obligation was reduced, as the case may
be; and
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(b) the registrant is deemed to have
collected, and the person is deemed to have
paid, at that time, all tax in respect of the
supply that is calculated on that
consideration, which is deemed to be equal
to
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(i) where tax under subsection 165(2)
was payable in respect of the supply, the
total of the tax under that subsection and
under subsection 165(1) calculated on
that consideration, and
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(ii) in any other case, tax under
subsection 165(1) calculated on that
consideration.
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(2) Subsection (1) comes into force on
April 1, 1997.
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1993, c. 27,
s. 47(1)
|
177. (1) Paragraph 183(4)(a) of the Act is
replaced by the following:
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(a) to have collected, at that time, tax in
respect of the supply equal to the amount
determined by the formula
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(A/B) x C
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(i) where the supply is made in a
participating province, the total of 7%
and the tax rate for that province, and
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(ii) in any other case, 7%,
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B is the total of 100% and the percentage
determined for A, and
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C is the fair market value of the property
at that time; and
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1993, c. 27,
s. 47(1)
|
(2) Subparagraph 183(5)(b)(i) of the Act
is replaced by the following:
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(i) to have made, at the particular time, a
taxable supply of the property and to
have collected, at the particular time, tax
in respect of that supply equal to the
amount determined by the formula
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(A/B) x C
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(A) where the property is situated in
a participating province at the
particular time, the total of 7% and
the tax rate for that province, and
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(B) in any other case, 7%,
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B is the total of 100% and the percentage
determined for A, and
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C is the fair market value of the property
at the time it was seized or
repossessed, and
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(3) The portion of subparagraph
183(6)(a)(ii) of the Act after clause (B), as
enacted by subsection 33(3), is replaced by
the following:
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to have paid, immediately after the
particular time, all tax payable in respect
of the supply, which is deemed to be
equal to the amount determined by the
formula
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(A/B) x C
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(A) where the property is situated in
a participating province at the
particular time and was seized or
repossessed within three years after
the implementation date for that
province (within the meaning
assigned by section 348) or the
property is situated in a
non-participating province at the
particular time, 7% and
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(B) in any other case, the total of 7%
and the tax rate for the participating
province in which the property is
situated at the particular time,
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B is the total of 100% and the percentage
determined for A, and
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C is the fair market value of the property
at the time it was seized or
repossessed; and
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|
1993, c. 27,
s. 47(1)
|
(4) Paragraph 183(6)(b) of the Act is
replaced by the following:
|
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(b) where tax would have been payable had
the property been purchased in Canada
from the person at the time it was seized or
repossessed, the creditor is deemed to have
made, at the particular time, a taxable
supply of the property and to have
collected, at the particular time, all tax
payable in respect of that supply, which is
deemed to be equal to the amount
determined by the formula
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(A/B) x C
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|
(i) where the property is situated in a
participating province at the particular
time, the total of 7% and the tax rate for
that province, and
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(ii) in any other case, 7%,
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