Excise Tax Act

Marginal note:Definitions

• 261.01 (1) The definitions in this subsection apply in this section.

  claim period

  période de demande

  claim period has the meaning assigned by subsection 259(1). (période de demande)

  multi-employer plan

  régime interentreprises

  multi-employer plan, at any time in a particular calendar year, means a pension plan that is, at that time, a registered pension plan (as defined in subsection 248(1) of the Income Tax Act) that is a multi-employer plan (as defined in subsection 8500(1) of the Income Tax Regulations) in that year but does not include a plan where

  • (a) if contributions were made to the plan in the immediately preceding calendar year by participating employers, 10% or more of the total contributions made to the plan in that preceding year by participating employers were made by participating employers that were listed financial institutions; and

  • (b) in any other case, it is reasonable to expect that 10% or more of the total contributions made to the plan in the particular year by participating employers will be made by participating employers that are listed financial institutions. (régime interentreprises)

• Marginal note:Rebate for multi-employer plan trust

  (2) If a trust governed by a multi-employer plan acquires, imports or brings into a participating province property or a service for consumption, use or supply in respect of the plan, the Minister shall pay to the trust a rebate for each claim period of the trust equal to the amount determined by the formula

  A × (B - C)

  where

  A

  is 33%,

  B

  is the total of all amounts each of which is tax that, during that period and after 1998, became payable by the trust or was paid by the trust without having become payable, in respect of the supply, importation or bringing in of the property or service, and

  C

  is the total of all amounts each of which is an amount that is included in the total for B for the period and

  • (a) is included in determining an input tax credit of the trust in respect of the property or service for the period,

  • (b) for which it can reasonably be regarded that the trust has obtained or is entitled to obtain a rebate, refund or remission under any other section of this Act or under any other Act of Parliament, or

  • (c) is included in an amount adjusted, refunded or credited to or in favour of the trust for which a credit note referred to in subsection 232(3) has been received by the trust or a debit note referred to in that subsection has been issued by the trust.

• Marginal note:Exceptions

  (3) The following shall not be included in determining the total for B in subsection (2):

  • (a) an amount of tax that a trust is deemed to have paid under this Part (other than section 191);

  • (b) an amount of tax that became payable, or was paid without having become payable, by a trust at a time when it was entitled to claim any rebates under section 259; and

  • (c) an amount of tax under subsection 165(1) that was payable or was deemed under section 191 to have been paid by a trust in respect of a taxable supply to the trust of a residential complex, an addition to a residential complex or land if, in respect of that supply, the trust was entitled to claim any rebate under section 256.2 or would be so entitled after paying the tax payable in respect of that supply.

• Marginal note:Application for rebate

  (4) A rebate for a claim period in respect of the supply, importation or bringing into a participating province of property or a service shall not be paid to a trust under subsection (2) unless the trust files an application for the rebate within two years after the day that is

  • (a) if the trust is a registrant, the day on or before which the trust is required to file the return under Division V for the claim period; and

  • (b) in any other case, the last day of the claim period.

• Marginal note:Limitation

  (5) A trust shall not make more than one application for rebates under this section in any claim period of the trust.