Input Tax Credit Allocation Methods (GST/HST) Regulations

Making of Regulations

Marginal note:Making

91. The Input Tax Credit Allocation Methods (GST/HST) Regulations are made as follows:

Coming into Force

Marginal note:April 1, 2007

92. The Input Tax Credit Allocation Methods (GST/HST) Regulations, as made by section 91, are deemed to have come into force on April 1, 2007.

SOR/2006-229Interest Rates (Excise Act, 2001) Regulations

• 93. (1) Paragraph 2(2)(b) of the Interest Rates (Excise Act, 2001) Regulations is replaced by the following:

  • (b) if the person is a corporation, 0%, and in any other case, 2%.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010.

SOR/2006-230Interest Rates (Excise Tax Act) Regulations

• 94. (1) Paragraph 2(b) of the Interest Rates (Excise Tax Act) Regulations is replaced by the following:

  • (b) in the case of interest to be paid or applied on an amount payable by the Minister to a person (other than a corporation), the sum of the basic rate in respect of the particular quarter and 2%;

  • (b.1) in the case of interest to be paid or applied on an amount payable by the Minister to a corporation, the basic rate in respect of the particular quarter; and

• (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010.

Coordinating Amendment

Marginal note:2009, c. 32

• 95. (1) In this section, “other Act” means An Act to amend the Excise Tax Act, chapter 32 of the Statutes of Canada, 2009.

• (2) If this Act receives royal assent on a day that is before July 1, 2010, then on that day, subparagraphs 218.1(1)(b)(ii) and (iii) of the Excise Tax Act, as enacted by section 14 of the other Act, are replaced by the following:

  • (ii) is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in section 217, of property that is delivered or made available to the person in a particular participating province and is either resident in that province or is a registrant, or

  • (iii) is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province

• (3) If this Act receives royal assent on July 1, 2010, then

  • (a) this Act is deemed to have received royal assent at a particular time that is immediately before the time on which section 14 of the other Act comes into force; and

  • (b) at the particular time referred to in  paragraph (a), subparagraphs 218.1(1)(b)(ii) and (iii) of the Excise Tax Act, as enacted by section 14 of the other Act, are replaced by the following:

    • (ii) is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in section 217, of property that is delivered or made available to the person in a particular participating province and is either resident in that province or is a registrant, or

    • (iii) is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province

• (4) If this Act receives royal assent after July 1, 2010, then

  • (a) subsection 64(1) of this Act is deemed never to have come into force and is repealed;

  • (b) subsection 64(5) of this Act shall be read as follows:

    • (5) Subsections (2) and (4) apply to any specified year of a person that ends after November 16, 2005.

  • (c) for a specified year of a person that ends after November 16, 2005, subsection 218.1(1) of the Excise Tax Act shall, before July 1, 2010, be read as follows:

    Marginal note:Tax in participating province

    • 218.1 (1) Subject to this Part,

      • (a) every person that is a resident in a particular participating province and is the recipient of an imported taxable supply that is a supply of intangible personal property or a service that is acquired by the person for consumption, use or supply primarily in participating provinces,

      • (b) every registrant that is the recipient of a supply, included in paragraph (b) of the definition “imported taxable supply” in section 217, of property the physical possession of which is transferred to the registrant in a particular participating province,

      • (c) every person that is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in section 217, of property that is delivered or made available to the person in a particular participating province and who is either resident in that province or is a registrant, and

      • (d) every person that is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province

      shall pay to Her Majesty in right of Canada, each time an amount of consideration for the supply becomes due or is paid without having become due, in addition to the tax imposed by section 218, tax equal to the amount determined by the formula

      A × B × C

      where

      A 

      is the tax rate for the particular participating province,

      B 

      is the value of that consideration that is paid or becomes due at that time, and

      C 

      is

      • (a) in the case of an imported taxable supply of tangible personal property, 100%, and

      • (b) in any other case, the extent (expressed as a percentage) to which the person acquired the property or service for consumption, use or supply in the province.

  • (d) for supplies made on or before March 19, 2007, paragraph 218.1(1)(d) of the Excise Tax Act, as it reads by the operation of paragraph (c), shall be read without reference to “(c.1)”;

  • (e) subparagraphs 218.1(1)(b)(ii) and (iii) of the Excise Tax Act, as enacted by subsection 14(1) of the other Act, are replaced by the following:

    • (ii) is the recipient of a supply, included in any of paragraphs (b.1) to (b.3) of the definition “imported taxable supply” in section 217, of property that is delivered or made available to the person in a particular participating province and is either resident in that province or is a registrant, or

    • (iii) is the recipient of a supply that is included in paragraph (c.1), (d) or (e) of the definition “imported taxable supply” in section 217 and that is made in a particular participating province

  • (f) the replacement of subparagraphs 218.1(1)(b)(ii) and (iii) of the Excise Tax Act by the operation of paragraph (e) is deemed to have come into force on July 1, 2010.