Sustaining Canada’s Economic Recovery Act (S.C. 2010, c. 25)
Full Document:
Assented to 2010-12-15
109. The heading “Fiscal Month” before section 159 of the Act is replaced by the following:
Fiscal Periods
110. Section 159 of the Act is amended by adding the following after subsection (1):
Marginal note:Determination of fiscal half-years
(1.1) The fiscal half-years of a person shall be determined in accordance with the following rules:
(a) the period beginning on the first day of the first fiscal month in a fiscal year of the person and ending on the earlier of the last day of the sixth fiscal month and the last day in the fiscal year is a fiscal half-year of the person; and
(b) the period, if any, beginning on the first day of the seventh fiscal month and ending on the last day in the fiscal year of the person is a fiscal half-year of the person.
111. The Act is amended by adding the following after section 159:
Reporting Periods
Marginal note:Reporting period — general
159.1 (1) Subject to this section, the reporting period of a person is a fiscal month.
Marginal note:Reporting period — semi-annual
(2) On application in the prescribed form and manner by a person, the Minister may, in writing, authorize the reporting period of that person to be a fiscal half-year in a particular fiscal year if
(a) the person is a licensee in one or more of the following categories:
(i) an excise warehouse licensee who does not hold in their excise warehouse manufactured tobacco or cigars,
(ii) a spirits licensee,
(iii) a wine licensee, or
(iv) a licensed user;
(b) the person has been licensed for a period exceeding twelve consecutive fiscal months;
(c) in respect of a category, the total of all duties payable under Part 4 by the person and any person associated with the person in the fiscal year ending immediately before the particular fiscal year did not exceed $120,000;
(d) in respect of a category, the total of all duties payable under Part 4 by the person and any person associated with the person in the particular fiscal year does not exceed $120,000;
(e) in the case where the person is an excise warehouse licensee, the liability of the person and any excise warehouse licensee associated with the person with respect to duty on alcohol entered into an excise warehouse
(i) did not exceed $120,000 in the fiscal year ending immediately before the particular fiscal year, and
(ii) does not exceed $120,000 in the particular fiscal year;
(f) in the case where the person is a licensed user, the liability of the person and any licensed user associated with the person with respect to duty on alcohol entered into their specified premises
(i) did not exceed $120,000 in the fiscal year ending immediately before the particular fiscal year, and
(ii) does not exceed $120,000 in the particular fiscal year;
(g) the volume of absolute ethyl alcohol added to the bulk spirits inventory of the person that is a spirits licensee and any spirits licensee associated with the person did not exceed in the fiscal year ending immediately before the particular fiscal year, and does not exceed in the particular fiscal year, the amount determined by the formula
A / B
where
- A
- is $120,000, and
- B
- is the rate of duty on spirits set out in section 1 of Schedule 4;
(h) the volume of wine added to the bulk wine inventory of the person that is a wine licensee and any wine licensee associated with the person did not exceed in the fiscal year ending immediately before the particular fiscal year, and does not exceed in the particular fiscal year, the amount determined by the formula
A / B
where
- A
- is $120,000, and
- B
- is the rate of duty on wine set out in paragraph (c) of Schedule 6; and
(i) the person is in compliance with the Act.
Marginal note:Deemed revocation
(3) An authorization under subsection (2) is deemed to be revoked if
(a) any of the conditions described in paragraphs (2)(d) to (h) is no longer met in respect of the person, which revocation is effective as of the first day after the end of the fiscal half-year in which the condition is no longer met; or
(b) an excise warehouse licensee holds in their excise warehouse manufactured tobacco or cigars, which revocation is effective as of the first day of the fiscal month in which the licensee begins to hold the tobacco or cigars.
Marginal note:Revocation — other
(4) The Minister may revoke an authorization if
(a) the person requests in writing the Minister to do so;
(b) the person fails to comply with the Act; or
(c) the Minister considers that the authorization is no longer required.
Marginal note:Notice of revocation
(5) If the Minister revokes an authorization under subsection (4), the Minister shall send a notice in writing of the revocation to the person and shall specify in the notice the fiscal month for which the revocation becomes effective.
Marginal note:Deemed reporting period on revocation
(6) If a revocation under paragraph (3)(b) or subsection (4) becomes effective before the last day of a fiscal half-year of a person that is authorized under subsection (2), the period beginning on the first day of the fiscal half-year and ending immediately before the first day of the fiscal month for which the revocation becomes effective is deemed to be a reporting period of the person.
Marginal note:2007, c. 18, s. 107(1)
112. Section 160 of the Act is replaced by the following:
Marginal note:Filing by licensee
160. Every person who is licensed under this Act shall, not later than the last day of the first month after each reporting period of the person,
(a) file a return with the Minister, in the prescribed form and manner, for that reporting period;
(b) calculate, in the return, the total amount of the duty payable, if any, by the person for that reporting period; and
(c) pay that amount to the Receiver General.
Marginal note:2006, c. 4, s. 115(1)
113. Subsection 170(4) of the Act is replaced by the following:
Marginal note:Minimum interest and penalty
(4) If, at any time, a person pays an amount not less than the total of all amounts, other than interest and penalty payable under section 251.1, owing at that time to Her Majesty under this Act for a reporting period of the person and the total amount of interest and the penalty payable by the person under this Act for that period is not more than $25.00, the Minister may waive the total amount.
114. Paragraph 176(2)(a) of the Act is replaced by the following:
(a) the amount was taken into account as duty for a reporting period of the person and the Minister has assessed the person for the period under section 188; or
115. Section 178 of the Act is replaced by the following:
Marginal note:Restriction re trustees
178. If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate of a bankrupt, a refund or any other payment under this Act that the bankrupt was entitled to claim before the appointment shall not be paid after the appointment unless all returns required under this Act to be filed for reporting periods of the bankrupt ending before the appointment have been filed and all amounts required under this Act to be paid by the bankrupt in respect of those reporting periods have been paid.
116. (1) Paragraph 188(1)(a) of the Act is replaced by the following:
(a) the duty payable by a person for a reporting period of the person; and
Marginal note:2006, c. 4, s. 117(1)(F)
(2) The portion of subsection 188(3) of the Act before subparagraph (a)(ii) is replaced by the following:
Marginal note:Allowance of unclaimed amounts
(3) If, in assessing the duty, interest or other amount payable by a person for a reporting period of the person or other amount payable by a person under this Act, the Minister determines that
(a) a refund would have been payable to the person if it had been claimed in an application under this Act filed on the particular day that is
(i) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was required to be filed, or
Marginal note:2006, c. 4, s. 117(3)
(3) The portion of subsection 188(4) of the Act before clause (b)(i)(C) is replaced by the following:
Marginal note:Application of overpayment
(4) If, in assessing the duty payable by a person for a reporting period of the person, the Minister determines that there is an overpayment of duty payable for the period, unless the assessment is made in the circumstances described in paragraph 191(4)(a) or (b) after the time otherwise limited for the assessment under paragraph 191(1)(a), the Minister shall
(a) apply
(i) all or part of the overpayment
against
(ii) any amount (in this paragraph referred to as the “outstanding amount”) that, on the particular day on which the person was required to file a return for the period, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person,
as if the person had, on the particular day, paid the amount so applied on account of the outstanding amount;
(b) apply
(i) all or part of the overpayment that was not applied under paragraph (a) together with interest on the overpayment at the prescribed rate, computed for the period beginning on the day that is 30 days after the latest of
(A) the particular day,
(B) the day on which the return for the reporting period was filed, and
(4) Subparagraph 188(4)(c)(ii) of the Act is replaced by the following:
(ii) the day on which the return for the reporting period was filed, and
Marginal note:2006, c. 4, s. 117(4)
(5) The portion of subsection 188(5) of the Act before clause (a)(ii)(B) is replaced by the following:
Marginal note:Application of payment
(5) If, in assessing the duty payable by a person for a reporting period of the person or an amount (in this subsection referred to as the “overdue amount”) payable by a person under this Act, all or part of a refund is not applied under subsection (3) against that duty payable or overdue amount, except if the assessment is made in the circumstances described in paragraph 191(4)(a) or (b) after the time otherwise limited for the assessment under paragraph 191(1)(a), the Minister shall
(a) apply
(i) all or part of the refund that was not applied under subsection (3)
against
(ii) any other amount (in this paragraph referred to as the “outstanding amount”) that, on the particular day that is
(A) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was required to be filed, or
(6) Clause 188(5)(b)(i)(B) of the Act is replaced by the following:
(B) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was filed,
(7) Subparagraph 188(5)(c)(ii) of the Act is replaced by the following:
(ii) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was filed,
Marginal note:2007, c. 18, s. 111(1)
(8) The portion of subsection 188(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Limitation on refunding overpayments
(6) An overpayment of duty payable for a reporting period of a person and interest on the overpayment shall not be applied under paragraph (4)(b) or refunded under paragraph (4)(c) unless the person has, before the day on which notice of the assessment is sent to the person, filed all returns and other records of which the Minister has knowledge and that the person was required to file with
(9) The portion of subsection 188(9) of the Act before subparagraph (a)(iii) is replaced by the following:
Marginal note:Refund on reassessment
(9) If a person has paid an amount on account of any duty, interest or other amount assessed under this section in respect of a reporting period and the amount paid exceeds the amount determined on reassessment to have been payable by the person, the Minister may refund to the person the amount of the excess, together with interest on the excess amount at the prescribed rate for the period that
(a) begins on the day that is 30 days after the latest of
(i) the day on which the person was required to file a return for the reporting period,
(ii) the day on which the person filed a return for the reporting period, and
(10) Subsection 188(10) of the Act is replaced by the following:
Meaning of “overpayment of duty payable”
(10) In this section, “overpayment of duty payable” of a person for a reporting period of the person means the amount, if any, by which the total of all amounts paid by the person on account of duty payable for the period exceeds the total of
(a) the duty payable for the period, and
(b) all amounts paid to the person under this Act as a refund for the period.
- Date modified: