Select Luxury Items Tax Act (S.C. 2022, c. 10, s. 135)

AMENDMENTS NOT IN FORCE

• — 2024, c. 15, s. 123

  • • 123 (1) Section 45 of the Select Luxury Items Tax Act is replaced by the following:

      • Restriction on rebate

        45 A rebate under this Subdivision is not to be paid to a person at any time unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act and the Digital Services Tax Act have been filed with the Minister.

    • (2) Subsection (1) comes into force on the same day as subsection 96(1) of this Act.

• — 2024, c. 15, s. 124

  • • 124 (1) Section 48 of the Act is replaced by the following:

      • Restriction — bankruptcy

        48 If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate or succession of a bankrupt, a rebate under this Division that the bankrupt was entitled to claim before the appointment must not be paid after the appointment unless all returns required to be filed in respect of the bankrupt under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act and the Digital Services Tax Act in respect of periods ending before the appointment have been filed and all amounts required under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act and the Digital Services Tax Act to be paid by the bankrupt in respect of those periods have been paid.

    • (2) Subsection (1) comes into force on the same day as subsection 96(1) of this Act.

• — 2024, c. 15, s. 125

  • • 125 (1) The portion of subsection 53(3) of the Act before the formula is replaced by the following:

      • Failure to comply

        (3) If, at any time, a person referred to in subsection (1) or (2) fails to give or maintain security in an amount satisfactory to the Minister, the Minister may retain as security, out of any amount that may be or may become payable to the person under this Act, the Excise Tax Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act or the Digital Services Tax Act, an amount not exceeding the amount determined by the formula

    • (2) Subsection (1) comes into force on the same day as subsection 96(1) of this Act.

• — 2024, c. 15, s. 126

  • • 126 (1) Subsection 57(6) of the Act is replaced by the following:

      • Restriction — rebate of net tax

        (6) A rebate under subsection (4) is not to be paid to a person at any time unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act and the Digital Services Tax Act have been filed with the Minister.

    • (2) Subsection (1) comes into force on the same day as subsection 96(1) of this Act.

• — 2024, c. 15, s. 127

  • • 127 (1) Section 94 of the Act is replaced by the following:

      • Restriction on payment by Minister

        94 An amount under section 92 or 93 is not to be paid to a person by the Minister at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act and the Digital Services Tax Act have been filed with the Minister.

    • (2) Subsection (1) comes into force on the same day as subsection 96(1) of this Act.

• — 2024, c. 15, s. 128

  • • 128 (1) The description of B in paragraph 150(2)(d) of the Act is replaced by the following:

      B

      is the amount, if any, by which the amount assessed the transferee under subsection 325(2) of the Excise Tax Act, paragraph 97.44(1)(b) of the Customs Act, subsection 160(2) of the Income Tax Act, subsection 297(3) of the Excise Act, 2001, subsection 161(3) of the Greenhouse Gas Pollution Pricing Act or subsection 80(3) of the Underused Housing Tax Act in respect of the property exceeds the amount paid by the transferor in respect of the amount so assessed, and

    • (2) Subsection (1) comes into force on the same day as subsection 96(1) of this Act.

• — 2024, c. 17, ss. 111(1), (25) to (29)

  • Bill C-59

    • 111 (1) Subsections (2) to (34) apply if Bill C-59, introduced in the 1st session of the 44th Parliament and entitled the Fall Economic Statement Implementation Act, 2023 (in this section referred to as the “other Act”), receives royal assent.

    • (25) On the first day on which both subsection 123(1) of the other Act and section 106 of this Act are in force, section 45 of the Select Luxury Items Tax Act is replaced by the following:

      • Restriction on rebate

        45 A rebate under this Subdivision is not to be paid to a person at any time unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act have been filed with the Minister.

    • (26) On the first day on which both subsection 124(1) of the other Act and section 107 of this Act are in force, section 48 of the Select Luxury Items Tax Act is replaced by the following:

      • Restriction — bankruptcy

        48 If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate or succession of a bankrupt, a rebate under this Division that the bankrupt was entitled to claim before the appointment must not be paid after the appointment unless all returns required to be filed in respect of the bankrupt under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act in respect of periods ending before the appointment have been filed and all amounts required to be paid under that Part and those Acts by the bankrupt in respect of those periods have been paid.

    • (27) On the first day on which both subsection 125(1) of the other Act and section 108 of this Act are in force, the portion of subsection 53(3) of the Select Luxury Items Tax Act before the formula is replaced by the following:

      • Failure to comply

        (3) If, at any time, a person referred to in subsection (1) or (2) fails to give or maintain security in an amount satisfactory to the Minister, the Minister may retain as security, out of any amount that may be or may become payable to the person under this Act, the Excise Tax Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act, the Digital Services Tax Act or the Global Minimum Tax Act, an amount not exceeding the amount determined by the formula

    • (28) On the first day on which both subsection 126(1) of the other Act and section 109 of this Act are in force, subsection 57(6) of the Select Luxury Items Tax Act is replaced by the following:

      • Restriction — rebate of net tax

        (6) A rebate under subsection (4) is not to be paid to a person at any time unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act have been filed with the Minister.

    • (29) On the first day on which both subsection 127(1) of the other Act and section 110 of this Act are in force, section 94 of the Select Luxury Items Tax Act is replaced by the following:

      • Restriction on payment by Minister

        94 An amount under section 92 or 93 is not to be paid to a person by the Minister at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, Part 1 of the Greenhouse Gas Pollution Pricing Act, the Underused Housing Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act have been filed with the Minister.