Excise Tax Act

Marginal note:Selected listed financial institutions

• 225.2 (1) For the purposes of this Part, a financial institution is a selected listed financial institution throughout a reporting period in a fiscal year that ends in a particular taxation year of the financial institution if the financial institution is a listed financial institution described in any of subparagraphs 149(1)(a)(i) to (x) during the particular year and the preceding taxation year and

  • (a) the financial institution is a corporation that, under the rules prescribed in any of sections 402 to 405 of the Income Tax Regulations, has or would, if it had taxable income for the particular year and the preceding taxation year, have taxable income earned in the particular year and the preceding taxation year in any of the participating provinces and taxable income earned in the particular year and the preceding taxation year in any of the non-participating provinces;

  • (b) the financial institution is an individual, the estate of a deceased individual or a trust that, under the rules prescribed in section 2603 of the Income Tax Regulations, has or would, if it had income for the particular year and the preceding taxation year, have income earned in the particular year and the preceding taxation year in any of the participating provinces and income earned in the particular year and the preceding taxation year in any of the non-participating provinces;

  • (c) the financial institution is a specified partnership during the particular year and the preceding taxation year; or

  • (d) the financial institution is a prescribed financial institution.

• Marginal note:Adjustment to net tax

  (2) In determining the net tax for a particular reporting period in a fiscal year that ends in a taxation year of a selected listed financial institution of a prescribed class, the financial institution shall add all positive amounts, and may deduct all negative amounts, each of which is determined, for a participating province, by the formula

  [(A - B) × C × (D/E)] - F + G

  where

  A

  is the total of

  • (a) all tax (other than a prescribed amount of tax) that became payable under any of subsection 165(1) and sections 212, 218 and 218.01 by the financial institution during the particular reporting period or that was paid by the financial institution during the particular reporting period without having become payable,

  • (b) all amounts each of which is tax under subsection 165(1) in respect of a supply (other than a supply to which paragraph (c) applies) made by a person (other than a prescribed person or a person of a prescribed class) to the financial institution that would, in the absence of an election made under section 150, have become payable by the financial institution during the particular reporting period, and

  • (c) all amounts each of which is an amount, in respect of a supply made during the particular reporting period of property or a service to which the financial institution and another person have elected to have this paragraph apply, equal to tax calculated on the cost to the other person of supplying the property or service to the financial institution excluding any remuneration to employees of the other person, the cost of financial services and tax under this Part;

  B

  is the total of

  • (a) all input tax credits (other than input tax credits in respect of an amount of tax that is prescribed for the purposes of paragraph (a) of the description of A) of the financial institution for the particular reporting period or preceding reporting periods of the financial institution claimed by the financial institution in the return under this Division filed by the financial institution for the particular reporting period, and

  • (b) all amounts each of which would be an input tax credit of the financial institution for the particular reporting period of the financial institution in respect of property or a service if tax became payable during the particular reporting period in respect of the supply of the property or service equal to the amount included for the particular reporting period under paragraph (b) or (c) of the description of A in respect of the supply;

  C

  is the financial institution’s percentage for the participating province for the taxation year, determined in accordance with the prescribed rules that apply to financial institutions of that class;

  D

  is the tax rate for the participating province;

  E

  is the rate set out in subsection 165(1);

  F

  is the total of

  • (a) all tax (other than a prescribed amount of tax) under subsection 165(2) in respect of supplies made in the participating province to the financial institution or under section 212.1 in respect of goods imported by the financial institution for use in the participating province that became payable by the financial institution during the particular reporting period or that was paid by the financial institution during the particular reporting period without having become payable, and

  • (b) all amounts each of which is an amount, in respect of a supply made during the particular reporting period of property or a service to which the financial institution and another person have elected to have paragraph (c) of the description of A apply, equal to tax payable by the other person under any of subsection 165(2), 212.1, 218.1 or Division IV.1 that is included in the cost to the other person of supplying the property or service to the financial institution; and

  G

  is the total of all amounts each of which is a positive or negative prescribed amount.

• Marginal note:Exclusions from adjustment

  (3) In determining an amount that a selected listed financial institution is required to add or may deduct under subsection (2) in determining its net tax,

  • (a) tax that the financial institution is deemed to have paid under any of subsections 171(1), 171.1(2), 206(2) and (3) and 208(2) and (3) shall be excluded from the totals for A and F in the formula in subsection (2);

  • (b) input tax credits in respect of tax referred to in paragraph (a) and input tax credits that the financial institution is permitted to claim under subsection 193(1) or (2) shall be excluded from the total for B in that formula; and

  • (c) no amount of tax paid or payable by the financial institution in respect of property or services acquired, imported or brought into a participating province otherwise than for consumption, use or supply in the course of an endeavour (as defined in subsection 141.01(1)) of the financial institution shall be included.

• Marginal note:Election

  (4) If a person, other than a prescribed person or a person of a prescribed class, and a selected listed financial institution have made jointly an election under section 150, the person and the financial institution may make jointly an election under this subsection to have paragraph (c) of the description of A in subsection (2) apply to every supply to which subsection 150(1) applies that is made by the person to the financial institution at a time the election made under this subsection is in effect.

• Marginal note:Form and manner of filing

  (5) An election under subsection (4) relating to supplies made by a person to a selected listed financial institution shall

  • (a) be made in prescribed form containing prescribed information;

  • (b) specify the day the election is to become effective; and

  • (c) be filed by the financial institution with the Minister in prescribed manner on or before

    • (i) the day on or before which a return under Division V for the reporting period of the financial institution in which the election is to become effective is required to be filed, or

    • (ii) any later day that the Minister may allow.

• Marginal note:Effect of the election

  (6) An election made jointly under subsection (4) by a person and a selected listed financial institution shall be effective for the period beginning on the day specified in the election and ending on the earliest of

  • (a) the day the election made jointly by the person and the financial institution under section 150 ceases to be effective,

  • (b) a day that the person and the financial institution specify in a notice of revocation in prescribed form containing prescribed information filed jointly by the person and the financial institution with the Minister in prescribed manner, which day is at least three hundred and sixty-five days after the day specified in the election made under subsection (4),

  • (c) the day the person becomes a prescribed person, or a person of a prescribed class, for the purposes of subsection (4), and

  • (d) the day the financial institution ceases to be a selected listed financial institution.

• Marginal note:Information requirements

  (7) For the purposes of this section, subsections 169(4) and (5) and 223(2) apply with respect to any amount that is included in the description of F in subsection (2) as if that amount were an input tax credit.

• Meaning of specified partnership

  (8) For the purposes of this section, a partnership is a specified partnership during a taxation year of the partnership if, at any time in the taxation year, the partnership has

  • (a) a member that, in the taxation year of the member in which the taxation year of the partnership ends,

    • (i) where the member is a corporation, has or would, if it had taxable income for the year, have, under the rules prescribed in any of sections 402 to 405 of the Income Tax Regulations, taxable income earned in the year in any of the participating provinces from a business (within the meaning assigned by subsection 248(1) of the Income Tax Act) carried on through the partnership,

    • (ii) where the member is an individual, the estate of a deceased individual or a trust, has or would, if it had income for the year, have, under the rules prescribed in section 2603 of the Income Tax Regulations, income earned in the year in any of the participating provinces from a business (within the meaning assigned by subsection 248(1) of the Income Tax Act) carried on through the partnership, and

    • (iii) where the member is another partnership, would have, under the rules prescribed in section 402 of the Income Tax Regulations, taxable income earned in the year in any of the participating provinces from a business (within the meaning assigned by subsection 248(1) of the Income Tax Act) carried on through the partnership if the other partnership were a corporation that is a taxpayer under that Act; and

  • (b) a member (including a member referred to in paragraph (a)) that, in the taxation year of the member in which the taxation year of the partnership ends,

    • (i) where the member is a corporation has or would, if it had taxable income for the year, have, under the rules prescribed in any of sections 402 to 405 of the Income Tax Regulations, taxable income earned in any of the non-participating provinces from a business (within the meaning assigned by subsection 248(1) of the Income Tax Act) carried on through the partnership,

    • (ii) where the member is an individual, the estate of a deceased individual or a trust, has or would, if it had income for the year, have, under the rules prescribed in section 2603 of the Income Tax Regulations, income earned in the year in any of the non-participating provinces from a business (within the meaning assigned by subsection 248(1) of the Income Tax Act) carried on through the partnership, and

    • (iii) where the member is another partnership, would have, under the rules prescribed in section 402 of the Income Tax Regulations, taxable income earned in the year in any of the non-participating provinces from a business (within the meaning assigned by subsection 248(1) of the Income Tax Act) carried on through the partnership if the other partnership were a corporation that is a taxpayer under that Act.

• Marginal note:Regulations — selected listed financial institutions

  (9) The Governor in Council may make regulations

  • (a) requiring any person or any class of persons to provide to a person any information that is required to allow a selected listed financial institution to determine the value of an element of a formula in subsection (2) or 237(5) or in any other provision of this Part or of a regulation made under this Part, specifying what information is to be provided, prescribing compliance measures in respect of that provision of information, and prescribing joint and several, or solidary, liability or penalties for failing to provide that information when and as required;

  • (b) allowing a person and a selected listed financial institution to make an election in respect of the filing of the returns of the person or the financial institution, specifying the circumstances in which that election may be revoked, prescribing compliance measures or other requirements in respect of that filing, and prescribing joint and several, or solidary, liability or penalties in respect of that filing; or

  • (c) requiring any selected listed financial institution to register under subdivision d for the purposes of this Part or deeming any selected listed financial institution to be a registrant for the purposes of this Part.