Excise Tax Act (R.S.C., 1985, c. E-15)

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Marginal note:Compound interest
  •  (1) Interest computed at a prescribed rate and any penalty computed at a rate per year under any provision of this Part shall be compounded daily.

  • Marginal note:Idem

    (2) Where, on any day, both penalty computed at a rate per year and interest are required to be compounded, they shall, on that day, be compounded together at a single rate equal to the total of the penalty rate and the interest rate as though both the penalty and interest were interest computed at that single rate.

  • Marginal note:Application of interest

    (3) Where an amendment to this Part, or an amendment or an enactment that relates to this Part,

    • (a) applies to a person who did something or to or for whom something was done,

    • (b) applies to property or a service that was supplied or in respect of which something was done,

    • (c) applies to an event or a transaction that occurred,

    • (d) applies to a period all or part of which is, or

    • (e) comes into force on a particular day that is,

    before the day the amendment or enactment is assented to or promulgated, for the purposes of applying the provisions of this Part that relate to or that provide for the payment, or the liability for payment, of interest in respect of any amount, the amount shall be determined and interest shall be computed thereon as though the amendment or enactment had been assented to or promulgated before the thing was done, the supply was made, the occurrence of the event or transaction, the beginning of the period or the particular day, as the case may be.

  • Marginal note:Exception

    (4) Subsection (3) does not apply for the purposes of computing any penalties under this Part.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 1990, c. 45, s. 12;
  • 1993, c. 27, s. 11.
Marginal note:Negative amounts

 Except as specifically otherwise provided, where an amount or a number is required under this Part to be determined or calculated by or in accordance with an algebraic formula, if the amount or number when so determined or calculated would, but for this section, be a negative amount or number, it shall be deemed to be nil.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 1990, c. 45, s. 12.

Relationships, Associations, Separate Persons and Residence

Marginal note:Arm’s length
  •  (1) For the purposes of this Part, related persons shall be deemed not to deal with each other at arm’s length and it is a question of fact whether persons not related to each other were, at any particular time, dealing with each other at arm’s length.

  • Marginal note:Related persons

    (2) Persons are related to each other for the purposes of this Part if, by reason of subsections 251(2) to (6) of the Income Tax Act, they are related to each other for the purposes of that Act.

  • Marginal note:Idem

    (3) For the purposes of this Part, a member of a partnership shall be deemed to be related to the partnership.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 1990, c. 45, s. 12.