Budget Implementation Act, 2003 (S.C. 2003, c. 15)
Full Document:
Assented to 2003-06-19
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1); 2001, c. 16, s. 33(1)
106. (1) Subsections 81.38(6) to (9) of the Act are replaced by the following:
Marginal note:Interest on assessment
(6) Subject to subsection (7), if a payment is made under subsection (1) or (4) in respect of an assessment, interest at the prescribed rate shall be paid, in respect of each day between the date of the notice of assessment and the day on which the payment was sent.
Marginal note:Interest on amounts payable to person
(7) If a person has paid an amount on account of the amount owing as set out in a notice of assessment or a notice of decision and a payment is made to that person under subsection (1) or (4) in respect of the assessment, interest at the prescribed rate shall be paid, in respect of each day between the day on which the amount was paid by that person and the day on which the payment was sent to that person.
Marginal note:Interest on refunds
(8) If a payment is made under subsection (1) or (4) in respect of an application under any of sections 68 to 69, interest at the prescribed rate shall be paid, in respect of each day between the day that is 30 days after the day on which the application was received by the Minister and the day on which the payment was sent.
(2) Subsection (1) applies in respect of amounts owing by a person to the Receiver General or amounts payable by the Minister of National Revenue, as the case may be, after June 2003.
Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1); 1993, c. 27, s. 4(1)
107. (1) Section 81.39 of the Act is replaced by the following:
Marginal note:Deemed tax
81.39 (1) Subject to subsection (4), if a person has
(a) received a drawback under section 70,
(b) received a payment under subsection 68.16(1) or (2), 72(6) or (7), 81.14(1), 81.16(1), (4) or (5), 81.18(1) or (3) or 120(7), or
(c) made a deduction under subsection 69(2), 73(1), (2) or (3), 74(1) or (3) or 81.18(2) or (4)
to which that person was not entitled or in excess of the drawback, payment or deduction to which the person was entitled, the amount of the drawback, payment or deduction or the excess is deemed to be a tax under this Act payable by that person on the day the drawback, payment or deduction was made.
Marginal note:Amount payable after disposition of appeal
(2) If a person has received a payment under subsection 81.38(1), (6), (7) or (8) and, on the final disposition of the appeal by further appeal or otherwise, it is determined that the person was not entitled to the payment or that the payment was in excess of the payment to which the person was entitled, the amount of the payment or the excess is deemed to be a tax under this Act payable by that person on the day the payment was made.
Marginal note:Amount payable after disposition of further appeal
(3) If a person has received a payment under subsection 81.38(4), (6), (7) or (8) and, on the final disposition by further appeal or otherwise of the appeal referred to in subsection 81.38(1) on the basis of which the payment was made, it is determined that the person was not entitled to the payment or that the payment was in excess of the payment to which the person was entitled, the amount of the payment or the excess is deemed to be a tax under this Act payable by that person on the day the payment was made.
Marginal note:Amount payable after recovery of payment
(4) If a person is liable to pay an amount under subsection 68.15(3) or 68.21(3), that amount is deemed to be a tax under this Act payable by that person on the day the liability arose.
(2) Subsection (1) applies in respect of amounts paid to a person after June 2003.
Marginal note:R.S., c. 7 (2nd Supp.), s. 41(1), c. 12 (4th Supp.), s. 35(1)
108. (1) Subsections 84(5) to (9) of the Act are replaced by the following:
Marginal note:Application of payments
(5) Any moneys paid by a person under subsection (4) shall, in addition to being applied to that person’s liability under this section, be applied on account of the tax debtor’s liability under this Act.
Marginal note:Receipt by Receiver General
(6) The receipt by the Receiver General of moneys paid as required under this section is a good and sufficient discharge of the liability to the tax debtor to the extent of the amount received.
Definition of “tax debtor”
(7) In this section, “tax debtor” means a person by whom any tax, penalty, interest or other sum is payable under this Act.
(2) Subsection (1) applies in respect of an amount payable by a person after June 2003.
Marginal note:2001, c. 15, s. 3(1)
109. (1) Section 88 of the Act is replaced by the following:
Marginal note:Waiver or cancellation of interest or penalty
88. (1) The Minister may waive or cancel any amount otherwise payable to the Receiver General under this Act that is interest or a penalty.
Marginal note:Interest where amounts cancelled
(2) If a person has paid an amount of interest or penalty and the Minister cancels that amount under subsection (1), the Minister shall pay interest on the amount paid by the person beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply that subsection and ending on the day on which the amount is refunded or applied against an amount owed by the person to Her Majesty in right of Canada.
(2) Subsection (1) applies in respect of requests received by the Minister of National Revenue after June 2003.
Marginal note:R.S., c. 7 (2nd Supp.), s. 51(1)
110. (1) The portion of paragraph 116(4)(a) of the Act before subparagraph (i) is replaced by the following:
(a) the purchaser and not the manufacturer or wholesaler from whom the goods were purchased is liable to pay the tax and any interest under subsection 79.03(1), if
Marginal note:R.S., c. 7 (2nd Supp.), s. 51(1)
(2) Paragraph 116(4)(b) of the Act is replaced by the following:
(b) in any other case, the purchaser and the manufacturer or wholesaler from whom the goods were purchased are jointly and severally liable to pay the tax and any interest under subsection 79.03(1).
(3) Subsections (1) and (2) apply in respect of amounts owing by a person after June 2003.
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