Indians and Bands on certain Indian Settlements Remission Order (SI/92-102)
Full Document:
- HTMLFull Document: Indians and Bands on certain Indian Settlements Remission Order (Accessibility Buttons available) |
- XMLFull Document: Indians and Bands on certain Indian Settlements Remission Order [19 KB] |
- PDFFull Document: Indians and Bands on certain Indian Settlements Remission Order [135 KB]
Regulations are current to 2024-11-26
Indians and Bands on certain Indian Settlements Remission Order
SI/92-102
Registration 1992-06-03
Order Respecting the Remission of Certain Income Taxes Payable by Indians and of the Goods and Services Tax Payable by Indians or by Bands or Designated Corporations on Certain Indian Settlements
P.C. 1992-1052 1992-06-03
His Excellency the Governor General in Council, considering that it is in the public interest to do so, is pleased hereby, on the recommendation of the Minister of National Revenue, pursuant to subsection 23(2)Footnote * of the Financial Administration Act, to make the annexed Order respecting the remission of certain income taxes payable by Indians and of the goods and services tax payable by Indians or by bands or designated corporations on certain Indian settlements.
Return to footnote *S.C. 1991, c. 24, s. 7(2)
Short Title
1 This Order may be cited as the Indians and Bands on certain Indian Settlements Remission Order.
Interpretation
2 In this Order,
- band
band has the same meaning as in subsection 2(1) of the Indian Act; (bande)
- designated corporation
designated corporation means the Ouje-Bougoumou Development Corporation or the Ouje-Bougoumou Eenuch Association; (société désignée)
- Indian
Indian has the same meaning as in subsection 2(1) of the Indian Act; (Indien)
- Indian settlement
Indian settlement means an area that is named and described in the schedule but does not include an area that is
(a) a reserve within the meaning of the Indian Act, or
(b) Category IA land within the meaning of the Cree-Naskapi (of Quebec) Act; (établissement indien)
- reserve
reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)
PART IIncome Taxes
Interpretation
3 (1) For the purposes of this Part,
- Act
Act means the Income Tax Act; (Loi)
- tax
tax means tax under Parts I, I.1 and I.2 of the Act. (impôt)
(2) All other words and expressions used in this Part have the same meaning as in the Act.
Remission of Income Tax
4 Remission is hereby granted to a taxpayer who is an Indian in respect of each taxation year after 1992 of the amount, if any, by which the taxes, interest and penalties payable by the taxpayer for the taxation year under the Act exceed the taxes, interest and penalties that would have been payable by the taxpayer for the year under the Act if the Indian settlements were reserves throughout the year.
- SI/94-145, s. 1
PART IIGoods and Services Tax
Interpretation
5 (1) For the purposes of this Part,
- Act
Act means the Excise Tax Act; (Loi)
- tax
tax means the goods and services tax imposed under Division II of Part IX of the Act. (taxe)
(2) All other words and expressions used in this Part have the same meaning as in Part IX of the Act.
Remission of the Goods and Services Tax
6 Subject to section 8, remission of the tax paid or payable on or after the day on which this Order comes into force is hereby granted to an individual who is an Indian and who is the recipient of a taxable supply, in an amount equal to the amount, if any, by which
(a) the tax paid or payable by the individual under the Act
exceeds
(b) the tax that would have been payable by the individual if the Indian settlements were reserves.
7 Subject to section 8, remission of the tax paid or payable on or after January 1, 1991 is hereby granted to a band or a designated corporation that is the recipient of a taxable supply, in an amount equal to the amount, if any, by which
(a) the tax paid or payable by the band or designated corporation under the Act
exceeds
(b) the tax that would have been payable by the band or designated corporation if the Indian settlements were reserves.
Condition
8 Remission under sections 6 and 7 in respect of tax paid is granted on condition that an application in writing for the remission be submitted to the Minister of National Revenue within four years after the day on which the tax was paid.
- Date modified: