Petroleum and Gas Revenue Tax Act (R.S.C., 1985, c. P-12)

Marginal note:By whom payable

• 14. (1) Every person who has production revenue shall pay the tax required by this Part to be paid thereon.

• Marginal note:Corporations, when payable

  (2) Every corporation, commission and association shall, during the period commencing on the first day of a taxation year and ending two months after the end of the year, pay, in accordance with one of the following paragraphs, to the Receiver General:

  • (a) on or before the last day of each month in the year, an amount equal to one-twelfth of the amount, if any, by which the amount estimated by it to be the tax payable on its production revenue for the year exceeds the aggregate of all amounts each of which is the amount, if any, estimated by it to be deductible from its tax otherwise payable for the year under subsection 9(5) or 10(1) or (7),

  • (b) on or before the last day of each month in the year, an amount equal to one-twelfth of its first instalment base for the year, or

  • (c) on or before the last day of each of the first two months in the year, an amount equal to one-twelfth of its second instalment base for the year, and on or before the last day of each other month in the year, an amount equal to one-tenth of the amount remaining after deducting the amount computed pursuant to this paragraph in respect of the first two months in the year from its first instalment base for the year,

  and shall, on or before the last day of the period, pay to the Receiver General the remainder of the amount, if any, by which the amount estimated by it to be the tax payable on its production revenue for the year exceeds the aggregate of all amounts each of which is the amount, if any, estimated by it to be deductible from its tax otherwise payable for the year under subsection 9(5) or 10(1) or (7).

• (3) [Repealed, R.S., 1985, c. 2 (2nd Supp.), s. 10]

• Marginal note:Individuals, when payable

  (4) Every individual other than a trust, shall pay to the Receiver General

  • (a) on or before March 31, June 30, September 30 and December 31, in each taxation year, an amount equal to one-fourth of

    • (i) the amount, if any, by which the amount estimated by the individual to be the tax payable under this Part by that individual for the year exceeds the amount estimated by him to be deductible from his tax otherwise payable for the year under subsection 9(5), or

    • (ii) his instalment base for the year; and

  • (b) on or before the day on which that individual is required to file a return of production revenue for the year, the remainder of the amount, if any, by which the amount estimated by that individual to be the tax payable under this Part by him for the year exceeds the amount estimated by him to be deductible from his tax otherwise payable for the year under subsection 9(5).

• Marginal note:Where individual a trust

  (5) Every individual that is a trust shall pay to the Receiver General

  • (a) on or before the last day of each of the third month, the sixth month, the ninth month and the twelfth month of each taxation year, an amount equal to one-fourth of

    • (i) the amount, if any, by which the amount estimated by it to be the tax payable on its production revenue for the year exceeds the amount estimated by it to be deductible from its tax otherwise payable for the year under subsection 9(5), or

    • (ii) its instalment base for the year; and

  • (b) on or before the day on which it is required to file a return of production revenue for the year, the remainder of the amount, if any, by which the amount estimated by it to be the tax payable on its production revenue for the year exceeds the amount estimated by it to be deductible from its tax otherwise payable for the year under subsection 9(5).

• Marginal note:Tax to be paid on assessment

  (6) Every taxpayer shall, within thirty days after the day of mailing to the taxpayer of a notice of assessment, pay to the Receiver General any part of the assessed tax, interest and penalties then remaining unpaid, whether or not an objection to or appeal from the assessment is outstanding.

• Marginal note:Direction to pay forthwith

  (7) Where, in the opinion of the Minister, a taxpayer is attempting to avoid payment of taxes under this Part, the Minister may, in writing, direct that all taxes, interest and penalties be paid forthwith on assessment.

• Marginal note:Payments on behalf of taxpayer

  (8) Every person required by section 11 to file a return of the production revenue of any other person for a taxation year shall, within thirty days from the day of mailing of the notice of assessment, pay all taxes, interest and penalties payable by or in respect of that other person under this Part to the extent that he has or had, at any time since the taxation year, in his possession or control property belonging to that other person or his estate and shall thereupon be deemed to have made that payment on behalf of the taxpayer.

• Marginal note:Certificate of Minister required

  (9) Every assignee, liquidator, administrator, executor and other like person, other than a trustee in bankruptcy, shall, before distributing any property under his control, obtain a certificate from the Minister certifying that taxes, interest or penalties that have been assessed under this Part and that are chargeable against or payable out of the property have been paid or that security for the payment thereof has been accepted by the Minister.

• Marginal note:Liability where no certificate

  (10) Distribution of property without a certificate required by subsection (9) renders the person required to obtain the certificate personally liable for the unpaid taxes, interest and penalties.

• Marginal note:Definition of "instalment base"

  (11) In this section and section 15, "first instalment base" and "second instalment base" in respect of a corporation, commission or association for a taxation year and “instalment base” in respect of an individual for a taxation year have the meanings assigned to those expressions by the regulations.

• (12) [Repealed, R.S., 1985, c. 2 (2nd Supp.), s. 10]