Excise Tax Act

Marginal note:Last acquisition or importation

• 195.2 (1) For the purposes of this Part (other than Division III and Schedule VII), an importation of property shall not be considered in determining the last acquisition or importation of the property

  • (a) where tax under Division III was not paid on the property in respect of that importation because the property was included in section 1 or 9 of Schedule VII or the property was included in section 8 of that Schedule and was classified under heading 98.13 or 98.14 of Schedule I to the Customs Tariff, or would have been so classified but for Note 11(a) to Chapter 98 of that Schedule;

  • (b) where tax under Division III on the property in respect of that importation was calculated on a value determined under the Value of Imported Goods (GST) Regulations, other than section 8 or 12 or a prescribed section of those Regulations; or

  • (c) in prescribed circumstances.

• Marginal note:Importation of improvement

  (2) For the purposes of this Part (other than Division III and Schedule VII), where a person imports capital property of the person that was improved outside Canada and tax under Division III is payable on a value, determined under the Value of Imported Goods (GST) Regulations, that does not exceed the value of the improvement, the importation shall be deemed to be an importation of the improvement.

• Marginal note:Application before 1991

  (3) For the purposes of determining the last acquisition or importation of property, this Part shall be deemed to have been in force at all times before 1991.