Indians and Bands on certain Indian Settlements Remission Order

SI/92-102

FINANCIAL ADMINISTRATION ACT

Registration 1992-06-03

Order Respecting the Remission of Certain Income Taxes Payable by Indians and of the Goods and Services Tax Payable by Indians or by Bands or Designated Corporations on Certain Indian Settlements

P.C. 1992-1052  1992-06-03

His Excellency the Governor General in Council, considering that it is in the public interest to do so, is pleased hereby, on the recommendation of the Minister of National Revenue, pursuant to subsection 23(2)Footnote * of the Financial Administration Act, to make the annexed Order respecting the remission of certain income taxes payable by Indians and of the goods and services tax payable by Indians or by bands or designated corporations on certain Indian settlements.

Short Title

 This Order may be cited as the Indians and Bands on certain Indian Settlements Remission Order.

Interpretation

 In this Order,

band

band has the same meaning as in subsection 2(1) of the Indian Act; (bande)

designated corporation

designated corporation means the Ouje-Bougoumou Development Corporation or the Ouje-Bougoumou Eenuch Association; (société désignée)

Indian

Indian has the same meaning as in subsection 2(1) of the Indian Act; (Indien)

Indian settlement

Indian settlement means an area that is named and described in the schedule but does not include an area that is

reserve

reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)

PART IIncome Taxes

Interpretation

  •  (1) For the purposes of this Part,

    Act

    Act means the Income Tax Act; (Loi)

    tax

    tax means tax under Parts I, I.1 and I.2 of the Act. (impôt)

  • (2) All other words and expressions used in this Part have the same meaning as in the Act.

Remission of Income Tax

 Remission is hereby granted to a taxpayer who is an Indian in respect of each taxation year after 1992 of the amount, if any, by which the taxes, interest and penalties payable by the taxpayer for the taxation year under the Act exceed the taxes, interest and penalties that would have been payable by the taxpayer for the year under the Act if the Indian settlements were reserves throughout the year.

  • SI/94-145, s. 1.

PART IIGoods and Services Tax

Interpretation

  •  (1) For the purposes of this Part,

    Act

    Act means the Excise Tax Act; (Loi)

    tax

    tax means the goods and services tax imposed under Division II of Part IX of the Act. (taxe)

  • (2) All other words and expressions used in this Part have the same meaning as in Part IX of the Act.

Remission of the Goods and Services Tax

 Subject to section 8, remission of the tax paid or payable on or after the day on which this Order comes into force is hereby granted to an individual who is an Indian and who is the recipient of a taxable supply, in an amount equal to the amount, if any, by which

  • (a) the tax paid or payable by the individual under the Act

exceeds

  • (b) the tax that would have been payable by the individual if the Indian settlements were reserves.

 Subject to section 8, remission of the tax paid or payable on or after January 1, 1991 is hereby granted to a band or a designated corporation that is the recipient of a taxable supply, in an amount equal to the amount, if any, by which

  • (a) the tax paid or payable by the band or designated corporation under the Act

exceeds

  • (b) the tax that would have been payable by the band or designated corporation if the Indian settlements were reserves.

Condition

 Remission under sections 6 and 7 in respect of tax paid is granted on condition that an application in writing for the remission be submitted to the Minister of National Revenue within four years after the day on which the tax was paid.

 
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