|
|
(c) consideration for the supply is paid or
becomes due on or after the specified
pre-implementation date for that province
and before that implementation date,
|
|
|
|
that consideration is deemed, for the purpose
of applying subsection 165(2) to the supply, to
have become due on that implementation date
and not to have been paid before that
implementation date.
|
|
Interpreta-
tion
|
(3) For the purposes of this section,
``continuous freight movement'', ``freight
transportation service'' and ``shipper'' have
the same meanings as in Part VII of Schedule
VI.
|
|
| Meaning of
``funeral
services''
|
360. (1) In this section, ``funeral services''
includes the provision of a coffin, a headstone
or any other property relating to the funeral,
burial or cremation of an individual that is
provided under an arrangement for the
provision of funeral services.
|
|
Funeral
arrangements
entered into
before
implementa-
tion
|
(2) Where
|
|
|
|
(a) an arrangement to supply funeral
services in respect of an individual is
entered into in writing before the
implementation date for a participating
province,
|
|
|
|
(b) under the terms of the arrangement, the
funds required to pay for the funeral
services are held by a trustee who is
responsible for acquiring funeral services in
respect of the individual, and
|
|
|
|
(c) at the time the arrangement is entered
into, it is reasonable to expect that all or a
part of those funds will be advanced to the
trustee before the individual's death,
|
|
|
|
no tax is payable by the trustee under
subsection 165(2) in respect of the supply in
that province of funeral services under the
arrangement or under section 212.1 or
subsection 218.1(1), 220.05(1), 220.06(1),
220.07(1) or 220.08(1) in respect of funeral
services supplied under the arrangement for
consumption or use in that province.
|
|
Funeral
arrangements
entered into
before
implementa-
tion
|
(3) Where an arrangement to supply funeral
services in respect of an individual is entered
into in writing at any time before the
implementation date for a participating
province and, at that time, it is reasonable to
expect that all or a part of the consideration for
the supply of the funeral services will be paid
before the individual's death, no tax is payable
under subsection 165(2) in respect of the
supply in that province of funeral services
under the arrangement or under section 212.1
or subsection 218.1(1), 220.05(1), 220.06(1),
220.07(1) or 220.08(1) in respect of funeral
services supplied under the arrangement for
consumption or use in that province.
|
|
Exclusive
products held
on
implementa-
tion
|
361. (1) Where before the implementation
date for a participating province, when an
approval of the Minister for the application of
section 178.3 to a direct seller is in effect, the
direct seller has made a taxable supply by way
of sale (other than a zero-rated supply) of an
exclusive product of the direct seller to an
independent sales contractor of a direct seller
who is not a distributor in respect of whom an
approval granted under subsection 178.2(4)
on application made jointly with the direct
seller is in effect and the independent sales
contractor holds, at the beginning of that day,
the exclusive product for sale in a
participating province, for the purpose of
applying subsection 165(2) or 220.05(1), as
the case may require, the direct seller is
deemed to have made and the independent
sales contractor is deemed to have received,
on that implementation date, a supply by way
of sale of the exclusive product in accordance
with the rules provided in subsection 178.3(1).
|
|
Exclusive
products held
on
implementa-
tion
|
(2) Where before the implementation date
for a participating province, when an approval
of the Minister for the application of section
178.4 to a distributor of a direct seller is in
effect, the distributor has made a taxable
supply by way of sale (other than a zero-rated
supply) of an exclusive product of the direct
seller to an independent sales contractor of a
direct seller who is not a distributor in respect
of whom an approval granted under
subsection 178.2(4) on application made
jointly with the direct seller is in effect and the
independent sales contractor holds, at the
beginning of that day, the exclusive product
for sale in a participating province, for the
purpose of applying subsection 165(2) or
220.05(1), as the case may require, the
distributor is deemed to have made and the
independent sales contractor is deemed to
have received, on that implementation date, a
supply by way of sale of the exclusive product
in accordance with the rules provided in
subsection 178.4(1).
|
|
| Definitions
|
(3) In this section, ``direct seller'',
``distributor'', ``exclusive product'' and
``independent sales contractor'' have the
meanings assigned by section 178.1.
|
|
|
|
Subdivision d
|
|
|
|
Special cases
|
|
| Definitions
|
362. (1) In this section, ``Advisory Group'',
``Crossing'' and ``Developer'' have the
meanings assigned by section 1 of the
Northumberland Strait Crossing Act, S.N.B.
1993, c. N-8.1.
|
|
Construction
of
Northumber-
land Strait
Crossing
|
(2) No tax is payable under subsection
165(2) in respect of a supply of property or
services that are acquired by the recipient of
the supply for consumption or use exclusively
in the construction of the Crossing.
|
|
| Exemption
certificate
|
(3) Subsection (2) does not apply to a supply
made to a recipient who is not the Developer
unless the recipient provides the supplier with
a valid exemption certificate in respect of the
supply issued by the Advisory Group.
|
|
Instalment
base
following
implementa-
tion
|
363. (1) Notwithstanding subsection
237(2), where a registrant (other than a
selected listed financial institution) to whom
subsection 237(1) applies is resident in a
participating province and a reporting period
of the registrant begins during the calendar
year in which the province becomes a
participating province, for the purpose of
determining the amount of instalment
payments under subsection 237(1), if any, that
become payable after the first fiscal quarter of
the registrant beginning on or after the
implementation date for the province, the
registrant's instalment base for the reporting
period is equal to the lesser of
|
|
|
|
(a) the amount determined under paragraph
237(2)(a); and
|
|
|
|
(b) 200% of the amount determined under
paragraph 237(2)(b).
|
|
| Selected listed
financial
institutions -
instalments in
transitional
year
|
(2) Notwithstanding subsection 237(1),
where a particular reporting period of a
selected listed financial institution ends in a
particular fiscal year ending in a taxation year
of the financial institution and the particular
fiscal year begins before April 1, 1997 and
ends on or after that day, the instalment to be
paid under that subsection within one month
after the end of each fiscal quarter ending on
or after that day in the particular reporting
period is the amount determined under
whichever of the following paragraphs the
financial institution has elected in prescribed
form to determine the instalments for those
fiscal quarters under:
|
|
|
|
|
|
|
|
(i) 1/4 of the amount determined under
paragraph 237(2)(a), and
|
|
|
|
(ii) the amount determined by the
formula
|
|
|
|
A + (B/4)
|
|
|
|
|
|
|
|
A is the total of all amounts, each of
which is determined, for a
participating province, by the formula
|
|
|
|
C x D x (E/F) x G/365
H
|
|
|
|
|
|
|
|
C is the financial institution's
instalment base for the particular
reporting period determined under
paragraph 237(2)(b) as if the
financial institution were not a
selected listed financial institution
and tax were not imposed under any
of subsection 165(2), sections 212.1
and 218.1 and Division IV.1,
|
|
|
|
D is the lesser of the financial
institution's percentage for the
participating province for the
taxation year and the financial
institution's percentage for the
participating province for the
immediately preceding taxation
year, each determined in accordance
with the prescribed rules that apply
to that financial institution,
|
|
|
|
E is the tax rate for the participating
province,
|
|
|
|
|
|
|
|
G is the number of days in the
particular reporting period after
March 1997, and
|
|
|
|
H is the number of fiscal quarters
ending on or after April 1, 1997 and
in the particular reporting period,
and
|
|
|
|
B is the financial institution's instalment
base for the particular reporting period
determined under paragraph 237(2)(b)
as if the financial institution were not
a selected listed financial institution
and tax were not imposed under any of
subsection 165(2), sections 212.1 and
218.1 and Division IV.1;
|
|
|
|
(b) the amount determined by the formula
|
|
|
|
A + (B/4)
|
|
|
|
|
|
|
|
A is the total of all amounts, each of which
is determined, for a participating
province, by the formula
|
|
|
|
C x D x (E/F) x G/365
H
|
|
|
|
|
|
|
|
C is the financial institution's instalment
base for the particular reporting period
determined under paragraph 237(2)(b)
as if the financial institution were not
a selected listed financial institution
and tax were not imposed under any of
subsection 165(2), sections 212.1 and
218.1 and Division IV.1,
|
|
|
|
D is the financial institution's percentage
for the participating province for the
immediately preceding taxation year,
determined in accordance with the
prescribed rules that apply to that
financial institution,
|
|
|
|
E is the tax rate for the participating
province,
|
|
|
|
|
|
|
|
G is the number of days in the particular
reporting period after March 1997, and
|
|
|
|
H is the number of fiscal quarters ending
on or after April 1, 1997 and in the
particular reporting period, and
|
|
|
|
B is the financial institution's instalment
base for the particular reporting period
determined under paragraph 237(2)(b)
as if the financial institution were not a
selected listed financial institution and
tax were not imposed under any of
subsection 165(2), sections 212.1 and
218.1 and Division IV.1;
|
|
|
|
|
|
|
|
(i) 1/4 of the amount determined under
paragraph 237(2)(a), and
|
|
|
|
(ii) the amount determined by the
formula
|
|
|
|
(A + B) + C/4
|
|
|
|
|
|
|
|
A is the total of all amounts, each of
which is determined, for a
participating province, by the formula
|
|
|
|
[(D - E) x F x (G/H) x I/365] - K
J
|
|
|
|
|
|
|
|
|
|
|
|
(A) all tax (other than an amount
of tax that is prescribed for the
purposes of paragraph (a) of the
description of A in subsection
225.2(2)) that became payable
under any of subsection 165(1)
and sections 212 and 218 by the
financial institution during the
particular reporting period or that
was paid by the financial
institution during the particular
reporting period without having
become payable,
|
|
|
|
(B) all amounts each of which is
tax (other than an amount of tax
prescribed for the purposes of
paragraph (a) of the description
of A in subsection 225.2(2))
under subsection 165(1) in
respect of a supply (other than a
supply to which clause (C)
applies) made by a person other
than a selected listed financial
institution to the financial
institution that would, but for an
election made under section 150,
have become payable by the
financial institution during the
particular reporting period, and
|
|
|
|
(C) all amounts each of which is
an amount, in respect of a supply
made during the particular
reporting period of property or a
service to which the financial
institution and another person
have elected to have paragraph
(c) of the description of A in
subsection 225.2(2) apply, equal
to tax calculated on the cost to the
other person of supplying the
property or service to the
financial institution excluding
any remuneration to employees
of the other person, the cost of
financial services and tax under
this Part,
|
|
|
|
|
|
|
|
(A) all input tax credits (other
than input tax credits in respect of
an amount of tax that is
prescribed for the purposes of
paragraph (a) of the description
of A in subsection 225.2(2)) of the
financial institution for the
particular reporting period or
preceding reporting periods of the
financial institution claimed by
the financial institution in the
return under Division V filed by
the financial institution for the
particular reporting period, and
|
|
|
|
(B) all amounts each of which
would be an input tax credit
(other than an input tax credit in
respect of an amount of tax that is
prescribed for the purposes of
paragraph (a) of the description
of A in subsection 225.2(2)) of the
financial institution for the
particular reporting period of the
financial institution in respect of
property or a service if tax
became payable during the
particular reporting period in
respect of the supply of the
property or service equal to the
amount included for the
particular reporting period under
clause (B) or (C) of the
description of D in respect of the
supply,
|
|
|
|
F is the lesser of the financial
institution's percentage for the
participating province for the
taxation year and the financial
institution's percentage for the
participating province for the
immediately preceding taxation
year, each determined in accordance
with the prescribed rules that apply
to that financial institution,
|
|
|
|
G is the tax rate for the participating
province,
|
|
|
|
|
|
|
|
I is the number of days in the
particular reporting period after
March 1997,
|
|
|
|
J is the number of fiscal quarters
ending on or after April 1, 1997 and
in the particular reporting period,
and
|
|
|
|
|
|
|
|
(A) all tax (other than an amount
of tax that is prescribed for the
purposes of paragraph (a) of the
description of F in subsection
225.2(2)) under subsection
165(2) in respect of supplies
made in the participating
province to the financial
institution or under section 212.1
in respect of goods imported by
the financial institution for use in
the participating province that
became payable by the financial
institution during the fiscal
quarter or that was paid by the
financial institution during the
fiscal quarter without having
become payable, and
|
|
|
|
(B) all amounts each of which is
an amount, in respect of a supply
made during the fiscal quarter of
property or a service to which the
financial institution and another
person have elected to have
paragraph (c) of the description of
A in subsection 225.2(2) apply,
equal to tax payable by the other
person under any of subsection
165(2), 212.1, 218.1 or Division
IV.1 that is included in the cost to
the other person of supplying the
property or service to the
financial institution,
|
|
|
|
B is the total of all amounts that became
collectible and all other amounts
collected by the financial institution in
the fiscal quarter as or on account of
tax under subsection 165(2), and
|
|
|
|
C is the financial institution's instalment
base for the particular reporting period
determined under paragraph 237(2)(b)
as if the financial institution were not
a selected listed financial institution
and tax were not imposed under any of
subsection 165(2), sections 212.1 and
218.1 and Division IV.1; or
|
|
|
|
(d) the amount determined by the formula
|
|
|
|
(A + B) + C/4
|
|
|
|
|
|
|
|
A is the total of all amounts, each of which
is determined, for a participating
province, by the formula
|
|
|
|
[(D - E) x F x (G/H) x (I/365)] - K
J
|
|
|
|
|
|
|
|
D is the total of all amounts each of
which is
|
|
|
|
(i) tax (other than an amount of tax
that is prescribed for the purposes of
paragraph (a) of the description of A
in subsection 225.2(2)) that became
payable under any of subsection
165(1) and sections 212 and 218 by
the financial institution during a
reporting period (in this paragraph
referred to as the ``earlier reporting
period'') of the financial institution
ending in the twelve-month period
immediately preceding the
particular reporting period or that
was paid by the financial institution
during the earlier reporting period
without having become payable,
|
|
|
|
(ii) all amounts each of which is tax
(other than an amount of tax
prescribed for the purposes of
paragraph (a) of the description of A
in subsection 225.2(2)) under
subsection 165(1) in respect of a
supply (other than a supply to which
subparagraph (iii) applies) made by
a person other than a selected listed
financial institution to the financial
institution that would, but for an
election made under section 150,
have become payable by the
financial institution during the
earlier reporting period, and
|
|