Credit for Provincial Relief (HST) Regulations (SOR/2011-57)

Regulations are current to 2013-05-20

Credit for Provincial Relief (HST) Regulations

SOR/2011-57

EXCISE TAX ACT

Registration 2011-03-03

Credit for Provincial Relief (HST) Regulations

P.C. 2011-264 2011-03-03

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 277Footnote a and 277.1Footnote b of the Excise Tax ActFootnote c, hereby makes the annexed Credit for Provincial Relief (HST) Regulations.

INTERPRETATION

Marginal note:Definitions

1. The following definitions apply in these Regulations.

“Act”

« Loi »

“Act” means the Excise Tax Act.

“Ontario regulation”

« règlement de l’Ontario »

“Ontario regulation” means Ontario Regulation 317/10 (Rebates for First Nations in Ontario), as it read on August 13, 2010, made under the Retail Sales Tax Act, R.S.O. 1990, c. R.31.

“qualifying amount”

« montant admissible »

“qualifying amount” means a particular amount, the payment or credit of which is contemplated in a sales tax harmonization agreement between the Government of Canada and the Government of Ontario, that is equal to an amount of tax paid or payable by a person under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act and that may, under the Ontario regulation, be paid or credited to the person on behalf of, or by, the Crown in right of Ontario.

CREDIT TO THE SUPPLIER

Marginal note:Credit

  • 2. (1) If a registrant makes a supply in Ontario to a person and credits during a reporting period of the registrant a qualifying amount to the person in respect of the supply, the registrant may apply to the Minister for a credit equal to all or part of the qualifying amount by filing an application, in respect of a return for the reporting period or a subsequent reporting period of the registrant, with the Minister.

  • Marginal note:Form and filing of application

    (2) An application for a credit under subsection (1) must be made in prescribed form containing prescribed information and must be filed with the Minister in prescribed manner.

  • Marginal note:Payment of credit

    (3) If at any time a registrant files a return under Part IX of the Act for a reporting period of the registrant and the registrant files, with the return, an application for a credit under subsection (1) in respect of the return,

    • (a) if the registrant reports, in the return, an amount (in this paragraph referred to as the “remittance amount”) that is required to be remitted under subsection 228(2) or (2.3) of the Act or paid under subsection 228(2.1) or (4) of the Act or Division IV or IV.1 of Part IX of the Act by the registrant, the registrant is deemed to have remitted at that time on account of the registrant’s remittance amount, and the Minister is deemed to have paid at that time on account of the credit, an amount equal to the lesser of the remittance amount and the amount of the credit; and

    • (b) the Minister may pay to the registrant any part of the amount of the credit that is not deemed to have been paid under paragraph (a).

  • Marginal note:Restriction on credit

    (4) For the purposes of sections 263.02 and 263.1 of the Act, an amount of a credit that the Minister may pay to a registrant under paragraph (3)(b) is deemed to be a rebate under Part IX of the Act.

  • Marginal note:Interest on credit and overpayment

    (5) For the purposes of subsections  264(1) and 297(4) of the Act, an amount of a credit paid to a registrant under paragraph (3)(b) is deemed to be a rebate under Division VI of Part IX of the Act that is paid to the registrant under subsection 297(3) of the Act and the later of the day on which the return to which the application for the credit relates is filed and the day on which the application for the credit is filed is deemed to be the day on which the application for that rebate is filed.