Budget Implementation Act, 2003 (S.C. 2003, c. 15)

Marginal note:R.S., c. 12 (4th Supp.), s. 33(1)

• 101. (1) Subparagraphs 79.1(1)(a)(i) to (iii) of the Act are replaced by the following:

  • (i) for a fiscal month is the lesser of

    • (A) the tax payable under Parts III and IV, as the case may be, other than tax payable in accordance with the Customs Act, by that person in that month, and

    • (B) the tax so payable in the last preceding fiscal month, and

  • (ii) for any period authorized under subsection 79(2) is the lesser of

    • (A) the tax payable under Parts III and IV, as the case may be, other than tax payable in accordance with the Customs Act, by that person in that period, and

    • (B) the tax so payable in the last preceding period so authorized multiplied by the ratio that the number of days in the period to which the return relates is to the number of days in that last preceding period; and

• Marginal note:R.S., c. 12 (4th Supp.), s. 33(1); 1999, c. 31, par. 247(b)(F)

  (2) Subparagraph 79.1(1)(b)(ii) of the Act is replaced by the following:

  • (ii) the person

    • (A) was, at any time in the last preceding calendar year ending at least ninety days, or ninety-one days if that time falls in a leap year, before that time, a member of a group of associated corporations (within the meaning of section 256 of the Income Tax Act) and the aggregate amount of taxes payable under Parts III and IV, other than taxes payable in accordance with the Customs Act, by the group in that year exceeded twelve million dollars, and

    • (B) is not, at that time, authorized under subsection 79(2) to file a return for a period longer than one fiscal month.

• Marginal note:R.S., c. 12 (4th Supp.), s. 33(1)

  (3) Subsections 79.1(2) to (8) of the Act are replaced by the following:

  • Marginal note:Instalment payments by large taxpayers

    (2) A large taxpayer who is required to file a return and pay tax under subsection 79(1) shall pay two instalments, each equal to one-half of the taxpayer’s instalment base for the fiscal month in which the tax became payable or the sales were made, as the case may be, the first to be paid not later than the last day of that month and the second not later than the day that is 15 days after that last day.

  • Marginal note:Instalment payments by other persons

    (3) A person, other than a large taxpayer, who is required under subsection 79(1) or (3) to file a return and pay tax in respect of a fiscal month or other period authorized under subsection 79(2) shall, not later than 21 days after the end of the month or period, as the case may be, pay an instalment on account of the tax equal to the person’s instalment base for the month or period.

• (4) Subsections (1) to (3) come into force or are deemed to have come into force on July 1, 2003.

Marginal note:R.S., c. 12 (4th Supp.), s. 33(1); 1999, c. 17, s. 150(E) and par. 156(a)

• 102. (1) Section 79.2 of the Act is replaced by the following:

  Marginal note:Filing of return by mail

  • 79.2 (1) If a person who is required under this Act to file a return with the Minister does so by mailing the return, the return is deemed to have been filed with the Minister on the day on which the return was mailed and the date of the postmark is evidence of that day.

  • Marginal note:Payment or remittance of amounts

    (2) A person who is required under this Act to pay or remit an amount to the Receiver General shall not be considered as having paid or remitted the amount until it is received by the Receiver General.

• (2) Subsection (1) comes into force or is deemed to have come into force on July 1, 2003.

Marginal note:1990, c. 45, s. 11(1)

• 103. (1) Subsection 80(2) of the Act is replaced by the following:

  • Marginal note:Alternate reporting

    (2) Any person filing a return under section 79 may, in lieu of submitting a report under subsection (1), include in the return a report in the prescribed form containing details of the person’s sales, taxes paid under this Act and deductions under subsection 69(2) in the period to which the return relates and any other prescribed information.

• (2) Subsection (1) applies in respect of fiscal months that begin after June 2003.

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)

• 104. (1) Subsections 81.16(4) to (6) of the Act are replaced by the following:

  • Marginal note:Interest on reassessment

    (4) Subject to subsection (5), if an amount is paid under subsection (1), interest at the prescribed rate shall be paid, in respect of each day between the date of the notice of the assessment that is the subject of the objection and the day on which the payment was sent.

  • Marginal note:Interest on amount paid by person

    (5) If a person has paid an amount on account of the amount owing as set out in a notice of assessment and a payment is made to that person under subsection (1) on an objection to the assessment, interest at the prescribed rate shall be paid, in respect of each day between the day on which the amount was paid by that person and the day on which the payment was sent to that person.

• (2) Subsection (1) applies in respect of amounts payable by the Minister of National Revenue after June 2003.

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1)

• 105. (1) Subsections 81.18(3) to (5) of the Act are replaced by the following:

  • Marginal note:Interest on refund payments

    (3) If an amount is paid under subsection (1), interest at the prescribed rate shall be paid, in respect of each day between the day that is 30 days after the day on which the application that is the subject of the reconsideration was received by the Minister and the day on which the payment is sent.

  • Marginal note:Interest on refund deductions

    (4) If a deduction is authorized under subsection (2), interest at the prescribed rate shall be authorized as a deduction in accordance with subsection 74(1), calculated in respect of each day between the day that is 30 days after the day on which the application was received by the Minister and the day on which the notice of decision was sent.

• (2) Subsection (1) applies in respect of amounts payable by the Minister of National Revenue after June 2003.

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1); 2001, c. 16, s. 33(1)

• 106. (1) Subsections 81.38(6) to (9) of the Act are replaced by the following:

  • Marginal note:Interest on assessment

    (6) Subject to subsection (7), if a payment is made under subsection (1) or (4) in respect of an assessment, interest at the prescribed rate shall be paid, in respect of each day between the date of the notice of assessment and the day on which the payment was sent.

  • Marginal note:Interest on amounts payable to person

    (7) If a person has paid an amount on account of the amount owing as set out in a notice of assessment or a notice of decision and a payment is made to that person under subsection (1) or (4) in respect of the assessment, interest at the prescribed rate shall be paid, in respect of each day between the day on which the amount was paid by that person and the day on which the payment was sent to that person.

  • Marginal note:Interest on refunds

    (8) If a payment is made under subsection (1) or (4) in respect of an application under any of sections 68 to 69, interest at the prescribed rate shall be paid, in respect of each day between the day that is 30 days after the day on which the application was received by the Minister and the day on which the payment was sent.

• (2) Subsection (1) applies in respect of amounts owing by a person to the Receiver General or amounts payable by the Minister of National Revenue, as the case may be, after June 2003.

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1); 1993, c. 27, s. 4(1)

• 107. (1) Section 81.39 of the Act is replaced by the following:

  Marginal note:Deemed tax

  • 81.39 (1) Subject to subsection (4), if a person has

    • (a) received a drawback under section 70,

    • (b) received a payment under subsection 68.16(1) or (2), 72(6) or (7), 81.14(1), 81.16(1), (4) or (5), 81.18(1) or (3) or 120(7), or

    • (c) made a deduction under subsection 69(2), 73(1), (2) or (3), 74(1) or (3) or 81.18(2) or (4)

    to which that person was not entitled or in excess of the drawback, payment or deduction to which the person was entitled, the amount of the drawback, payment or deduction or the excess is deemed to be a tax under this Act payable by that person on the day the drawback, payment or deduction was made.

  • Marginal note:Amount payable after disposition of appeal

    (2) If a person has received a payment under subsection 81.38(1), (6), (7) or (8) and, on the final disposition of the appeal by further appeal or otherwise, it is determined that the person was not entitled to the payment or that the payment was in excess of the payment to which the person was entitled, the amount of the payment or the excess is deemed to be a tax under this Act payable by that person on the day the payment was made.

  • Marginal note:Amount payable after disposition of further appeal

    (3) If a person has received a payment under subsection 81.38(4), (6), (7) or (8) and, on the final disposition by further appeal or otherwise of the appeal referred to in subsection 81.38(1) on the basis of which the payment was made, it is determined that the person was not entitled to the payment or that the payment was in excess of the payment to which the person was entitled, the amount of the payment or the excess is deemed to be a tax under this Act payable by that person on the day the payment was made.

  • Marginal note:Amount payable after recovery of payment

    (4) If a person is liable to pay an amount under subsection 68.15(3) or 68.21(3), that amount is deemed to be a tax under this Act payable by that person on the day the liability arose.

• (2) Subsection (1) applies in respect of amounts paid to a person after June 2003.