Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.))

Marginal note:Reporting

• 278 (1) Every reporting financial institution shall file with the Minister, before May 2 of each calendar year, an information return in prescribed form relating to each reportable account maintained by the institution at any time during the immediately preceding calendar year and after June 30, 2017.

• Marginal note:Electronic filing

  (2) The information return required under subsection (1) shall be filed by way of electronic filing.

Marginal note:Record keeping

• 279 (1) Every reporting financial institution shall keep, at the institution’s place of business or at such other place as may be designated by the Minister, records that the institution obtains or creates for the purpose of complying with this Part, including self-certifications and records of documentary evidence.

• Marginal note:Form of records

  (2) Every reporting financial institution required by this Part to keep records that does so electronically shall retain them in an electronically readable format for the retention period referred to in subsection (3).

• Marginal note:Retention of records

  (3) Every reporting financial institution that is required to keep, obtain or create records under this Part shall retain those records for a period of at least six years following

  • (a) in the case of a self-certification, the last day on which a related financial account is open; and

  • (b) in any other case, the end of the last calendar year in respect of which the record is relevant.

Marginal note:Anti-avoidance

280 If a person enters into an arrangement or engages in a practice, the primary purpose of which can reasonably be considered to be to avoid an obligation under this Part, the person is subject to the obligation as if the person had not entered into the arrangement or engaged in the practice.

Marginal note:Production of TIN

• 281 (1) Every reportable person shall provide their TIN at the request of a reporting financial institution that is required under this Part to make an information return requiring the TIN.

• Marginal note:Confidentiality of TIN

  (2) A person required to make an information return referred to in subsection (1) shall not knowingly use, communicate or allow to be communicated, otherwise than as required or authorized under this Act or a regulation, the TIN without the written consent of the reportable person.

• Marginal note:Penalty for failure to provide TIN

  (3) Every reportable person who fails to provide on request their TIN to a reporting financial institution that is required under this Part to make an information return requiring the TIN is liable to a penalty of $500 for each such failure, unless

  • (a) an application for the assignment of the TIN is made to the relevant reportable jurisdiction not later than 90 days after the request was made and the TIN is provided to the reporting financial institution that requested it within 15 days after the reportable person received it; or

  • (b) the reportable person is not eligible to obtain a TIN from the relevant reportable jurisdiction (including because the relevant reportable jurisdiction does not issue TINs).

• Marginal note:Assessment

  (4) The Minister may at any time assess any amount payable under subsection (3) by any person and, if the Minister sends a notice of assessment to the person, sections 150 to 163, subsections 164(1) and (1.4) to (7), sections 165 to 167 and Division J of Part I apply with such modifications as the circumstances require.

PART XXReporting Rules for Digital Platform Operators

Marginal note:Definitions

• 282 (1) The following definitions apply in this Part.

  active seller

  active seller means a seller that either provides relevant services or sells goods during the reportable period or is paid or credited consideration in connection with relevant activities during the reportable period. (vendeur actif)

  consideration

  consideration means compensation in any form that is paid or credited to a seller in connection with relevant activities, the amount of which is known or reasonably knowable by the platform operator. (rémunération)

  entity

  entity has the same meaning as in subsection 270(1). (entité)

  excluded platform operator

  excluded platform operator means a platform operator that demonstrates to the satisfaction of the Minister that the platform’s entire business model is such that it does not

  • (a) allow sellers to derive a profit from the consideration; or

  • (b) have reportable sellers. (opérateur de platforme exclu)

  excluded seller

  excluded seller means a seller

  • (a) that is an entity for which the platform operator facilitated more than 2,000 relevant services for the rental of immovable property in respect of a property listing during the reportable period;

  • (b) that is a governmental entity (as defined in subsection 270(1));

  • (c) that is an entity the stock of which is regularly traded on an established securities market (as defined in subsection 270(1)) or a related entity (as defined in subsection 270(1)) of an entity the stock of which is regularly traded on an established securities market; or

  • (d) for which the platform operator solely facilitated less than 30 relevant activities for the sale of goods and for which the total amount of consideration paid or credited did not exceed $2,800 during the reportable period. (vendeur exclu)

  fiat currency

  fiat currency means a currency that is used by a country and is designated as legal tender in that country. (monnaie fiduciaire)

  financial account identifier

  financial account identifier means the unique identifying number or reference, available to the platform operator, of the bank account or other payment account to which consideration is paid or credited. (identifiant de compte financier)

  goods

  goods means any tangible property or, for civil law, any corporeal property. (bien)

  government verification service

  government verification service means an electronic process made available by a reportable jurisdiction to a platform operator for the purposes of ascertaining the identity and residence of a seller. (service public de vérification)

  immovable property

  immovable property means real or immovable property. (biens immobiliers)

  partner jurisdiction

  partner jurisdiction means each jurisdiction identified as a partner jurisdiction by the Minister on the Internet website of the Canada Revenue Agency or by any other means that the Minister considers appropriate. (juridiction partenaire)

  personal service

  personal service means a service involving time- or task-based work performed by one or more individuals at the request of a user, unless such work is purely ancillary to the overall transaction, but does not include a service provided by a seller pursuant to an employment relationship with the platform operator or a related entity (as defined in subsection 270(1)) of the platform operator. (service personnel)

  platform

  platform means a software, including a website or a part of it and applications, including mobile applications, accessible by users and allowing sellers to be connected to other users for the provision of relevant services or the sale of goods, directly or indirectly, to such users (including the collection and payment of consideration in respect of relevant activities), but does not include, in the provision of relevant services or the sale of goods, software exclusively allowing without any further intervention

  • (a) the processing of payments in relation to relevant activities;

  • (b) listing or advertising in relation to relevant activities; or

  • (c) redirecting or transferring of users to a platform. (plateforme)

  platform operator

  platform operator means an entity that contracts with sellers to make available all or part of a platform to such sellers. (opérateur de plateforme)

  primary address

  primary address means

  • (a) in respect of a seller that is an individual (other than a trust), the address of the seller’s principal place of residence; and

  • (b) in respect of a seller that is an entity, the address of the seller’s registered office. (adresse principale)

  property listing

  property listing includes all immovable property units located at the same street address and offered for rent on a platform by the same seller. (lot)

  relevant activity

  relevant activity means

  • (a) a relevant service; or

  • (b) the sale of goods for consideration. (activité visée)

  relevant service

  relevant service means, if provided for consideration:

  • (a) the rental of real or immovable property;

  • (b) a personal service;

  • (c) the rental of a means of transport; or

  • (d) a prescribed service. (service visé)

  reportable jurisdiction

  reportable jurisdiction means

  • (a) for a reporting platform operator described in paragraph (a) of the definition reporting platform operator, Canada and any partner jurisdiction; and

  • (b) in any other case, Canada. (juridiction soumise à déclaration)

  reportable period

  reportable period means a calendar year during which a platform operator is a reporting platform operator. (période de déclaration)

  reportable seller

  reportable seller means an active seller, other than an excluded seller, that is determined by the platform operator based on the due diligence procedures set out in sections 283 to 287 to

  • (a) be resident in a reportable jurisdiction;

  • (b) have provided relevant services for the rental of immovable property located in a reportable jurisdiction; or

  • (c) have been paid or credited consideration in connection with relevant services for the rental of immovable property located in a reportable jurisdiction. (vendeur soumis à déclaration)

  reporting platform operator

  reporting platform operator means a platform operator, other than an excluded platform operator, if

  • (a) it is resident in Canada;

  • (b) it is resident, incorporated or managed in a partner jurisdiction, facilitates the provision of relevant activities by sellers resident in Canada or with respect to rental of immovable property located in Canada and elects to be a reporting platform operator; or

  • (c) it is not resident in Canada or a partner jurisdiction and it facilitates the provision of relevant activities by sellers resident in Canada or with respect to rental of immovable property located in Canada. (opérateur de plateforme soumis à déclaration)

  seller

  seller means a platform user that is registered at any time during the reportable period on the platform for the provision of a relevant service or the sale of goods. (vendeur)

  TIN

  TIN means

  • (a) the number used by the Minister to identify an individual or entity, including

    • (i) a social insurance number,

    • (ii) a business number, and

    • (iii) an account number issued to a trust; and

  • (b) in respect of a jurisdiction other than Canada, a taxpayer identification number, including a VAT/GST registration number issued by the jurisdiction of the primary address of the seller, or a functional equivalent in the absence of a taxpayer identification number. (NIF)

• Marginal note:Interpretation

  (2) This Part relates to the implementation of the Model Rules set out in the Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy approved by the Council of the Organisation for Economic Co-operation and Development and, unless the context otherwise requires, the provisions in this Part are to be interpreted consistently with the Model Rules, as amended from time to time.