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Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations (SOR/2001-171)

Regulations are current to 2020-09-09 and last amended on 2019-03-04. Previous Versions

PART 3Prescribed Amounts of Tax (continued)

Marginal note:Section 220.04 of Act

 For the purposes of section 220.04 of the Act, a prescribed amount of tax is any amount of tax that

  • (a) is prescribed for the purposes of paragraph (a) of the description of F in subsection 225.2(2) of the Act; or

  • (b) is in respect of property or a service brought into a participating province or acquired, otherwise than for consumption, use or supply in the course of an endeavour, as defined in subsection 141.01(1) of the Act, of the person referred to in section 220.04 of the Act.

  • SOR/2013-71, s. 2

PART 4Prescribed Amounts

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    eligible roadway

    eligible roadway has the same meaning as in section 26 of the New Harmonized Value-added Tax System Regulations, No. 2. (voie admissible)

    excluded property or service

    excluded property or service means property or a service that is

    • (a) specified energy that is acquired or imported for consumption or use exclusively in the heating of asphalt to be used directly in the construction or maintenance of an eligible roadway;

    • (b) property or a service described in any of paragraphs (e) to (g) of the definition specified property or service that is acquired or imported by the organizer or sponsor of a convention for consumption or use exclusively at the convention;

    • (c) a 1-800, 1-866, 1-877 or 1-888 telephone service or a similar toll-free telephone service or a service described in paragraph (f) or (g) of the definition specified property or service that is related to a 1-800, 1-866, 1-877 or 1-888 telephone service or a similar toll-free telephone service;

    • (d) access to the Internet;

    • (e) a web-hosting service;

    • (f) a taxi, the operation and custody of which is entrusted to a person by the holder of a taxi permit for the taxi; or

    • (g) property or a service that is acquired or imported exclusively for the purpose of

      • (i) being supplied by a person,

      • (ii) becoming a component of tangible personal property that is to be supplied by a person, or

      • (iii) in the case of property or a service described in paragraph (f) or (g) of the definition specified property or service acquired by a person operating a telecommunication service, being used directly and solely in the making of a taxable supply of a telecommunication service by the person. (bien ou service exclu)

    farming

    farming has the meaning assigned by subsection 248(1) of the Income Tax Act. (agriculture)

    large business

    large business, at any time, means a person that is, at that time, a prescribed person for the purposes of the definition large business in subsection 236.01(1) of the Act. (grande entreprise)

    motor vehicle

    motor vehicle has the same meaning as in section 26 of the New Harmonized Value-added Tax System Regulations, No. 2. (véhicule automobile)

    qualifying energy

    qualifying energy means specified energy, other than qualifying heating oil, that is a specified property or service. (forme d’énergie admissible)

    qualifying food, beverages and entertainment

    qualifying food, beverages and entertainment means food, beverages or entertainment that is a specified property or service. (aliments, boissons et divertissements admissibles)

    qualifying fuel

    qualifying fuel means motive fuel that is a specified property or service. (carburant admissible)

    qualifying heating oil

    qualifying heating oil has the same meaning as in section 1 of the Deduction for Provincial Rebate (GST/HST) Regulations. (huile de chauffage admissible)

    qualifying motor vehicle

    qualifying motor vehicle means

    • (a) a selected motor vehicle that is a specified property or service; and

    • (b) property (other than motive fuel) or a service, in respect of a selected motor vehicle, that is a specified property or service. (véhicule automobile admissible)

    qualifying telecommunications services

    qualifying telecommunications services means a specified property or service described in paragraph (f) or (g) of the definition specified property or service. (service de télécommunication admissible)

    recapture rate

    recapture rate applicable at a time in respect of a province means

    • (a) if the province is Ontario,

      • (i) in the case of a time that is on or after July 1, 2010 and before July 1, 2015, 100%,

      • (ii) in the case of a time that is on or after July 1, 2015 and before July 1, 2016, 75%,

      • (iii) in the case of a time that is on or after July 1, 2016 and before July 1, 2017, 50%,

      • (iv) in the case of a time that is on or after July 1, 2017 and before July 1, 2018, 25%, and

      • (v) in the case of a time that is on or after July 1, 2018, 0%;

    • (b) if the province is British Columbia,

      • (i) in the case of a time that is on or after July 1, 2010 and before April 1, 2013, 100%, and

      • (ii) in the case of a time that is on or after April 1, 2013, 0%; and

    • (c) if the province is Prince Edward Island,

      • (i) in the case of a time that is on or after April 1, 2013 and before April 1, 2018, 100%,

      • (ii) in the case of a time that is on or after April 1, 2018 and before April 1, 2019, 75%,

      • (iii) in the case of a time that is on or after April 1, 2019 and before April 1, 2020, 50%,

      • (iv) in the case of a time that is on or after April 1, 2020 and before April 1, 2021, 25%, and

      • (v) in the case of a time that is on or after April 1, 2021, 0%. (taux de récupération)

    selected motor vehicle

    selected motor vehicle means a motor vehicle that is licensed, or required to be licensed, for use on a public highway under the laws of a province relating to the licensing of motor vehicles and that weighs, while carrying its maximum capacity of fuel, lubricant and coolant, less than 3,000 kilograms at the time when the motor vehicle is first licensed, or first required to be licensed, under those laws. (véhicule automobile désigné)

    specified energy

    specified energy has the same meaning as in section 26 of the New Harmonized Value-added Tax System Regulations, No. 2. (forme d’énergie déterminée)

    specified extent

    specified extent of property or a service in respect of a specified class of specified property or service, for a province that is Ontario, British Columbia or Prince Edward Island and for a reporting period of a person, means the percentage that is equal to

    • (a) in the case where the specified class is qualifying telecommunications services, the property or service includes qualifying telecommunications services and other property or services that are not specified property or services (each of which is referred to in this paragraph as an “element”) and the consideration for the specified property or service and each element is not separately identified,

      • (i) if the province is British Columbia, 95%, and

      • (ii) if the province is Ontario or Prince Edward Island and the specified property or service is provided to the person together with

        • (A) an element that is a service, 96%,

        • (B) an element that is property, 89%, and

        • (C) an element that is a service and an element that is property, 86%;

    • (b) if paragraph (a) does not apply and the property or service is a specified property or service (other than farming property or service of the person for the reporting period) of the specified class, 100%; and

    • (c) in any other case, 0%. (mesure déterminée)

    specified property or service

    specified property or service means property or a service (other than excluded property or service) that is

    • (a) a selected motor vehicle;

    • (b) motive fuel, other than diesel fuel, that is acquired or imported for consumption or use in the engine of a selected motor vehicle;

    • (c) property (other than property for maintenance or repair) that is acquired or imported by a person for consumption or use in respect of a selected motor vehicle acquired or imported by the person, if the acquisition or importation of the property occurs within 365 days of the acquisition or importation of the selected motor vehicle;

    • (d) a service (other than a service for maintenance or repair) that is acquired by a person for consumption or use in respect of a selected motor vehicle acquired or imported by the person, if the acquisition of the service occurs within 365 days of the acquisition or importation of the motor vehicle;

    • (e) specified energy;

    • (f) a service described in paragraph (a) of the definition telecommunication service in subsection 123(1) of the Act;

    • (g) access to a telecommunications circuit, line, frequency, channel or partial channel, or to other similar means of transmitting a telecommunication (but not including a satellite channel), for use in providing a service described in paragraph (a) of the definition telecommunication service in subsection 123(1) of the Act; or

    • (h) food, beverages or entertainment acquired by a person in respect of which subsection 67.1(1) of the Income Tax Act applies or would apply if the person were a taxpayer under that Act. (bien ou service déterminé)

    specified salary and wages

    specified salary and wages has the same meaning as in subsection 31(1) of the New Harmonized Value-added Tax System Regulations, No. 2. (rémunération déterminée)

    specified year

    specified year has the same meaning as in section 217 of the Act. (année déterminée)

    total A amounts

    total A amounts for a reporting period of a selected listed financial institution means

    • (a) if the financial institution is a non-stratified investment plan and an election under section 49 or 61 in respect of the financial institution is in effect throughout the reporting period, the total of all amounts, each of which is the total for A1 in subsection 225.2(2) of the Act, as adapted by these Regulations, for a day in the reporting period;

    • (b) if the financial institution is a stratified investment plan, the total of

      • (i) all amounts, each of which is the total for A1 in subsection 225.2(2) of the Act, as adapted by these Regulations, for a series of the financial institution and for a day in the reporting period, and

      • (ii) all amounts, each of which is the total for A4 in subsection 225.2(2) of the Act, as adapted by these Regulations, for a series of the financial institution and for the reporting period; and

    • (c) in any other case, the total for A in subsection 225.2(2) of the Act for the reporting period. (valeur A)

    total B amounts

    total B amounts for a reporting period of a selected listed financial institution means

    • (a) if the financial institution is a non-stratified investment plan and an election under section 49 or 61 in respect of the financial institution is in effect throughout the reporting period, the total of all amounts, each of which is the total for A2 in subsection 225.2(2) of the Act, as adapted by these Regulations, for a day in the reporting period;

    • (b) if the financial institution is a stratified investment plan, the total of

      • (i) all amounts, each of which is the total for A2 in subsection 225.2(2) of the Act, as adapted by these Regulations, for a series of the financial institution and for a day in the reporting period, and

      • (ii) all amounts, each of which is the total for A5 in subsection 225.2(2) of the Act, as adapted by these Regulations, for a series of the financial institution and for the reporting period; and

    • (c) in any other case, the total for B in subsection 225.2(2) of the Act for the reporting period. (valeur B)

    total F amounts

    total F amounts for a reporting period of a selected listed financial institution means

    • (a) if the financial institution is a non-stratified investment plan and an election under section 49 or 61 in respect of the financial institution is in effect throughout the reporting period or if the financial institution is a stratified investment plan, the total for D in subsection 225.2(2) of the Act, as adapted by these Regulations, for the reporting period; and

    • (b) in any other case, the total for F in subsection 225.2(2) of the Act for the reporting period. (valeur F)

  • Marginal note:Specified classes

    (2) For the purposes of this section and paragraph 46(d), the following are specified classes of specified property or service:

    • (a) qualifying energy;

    • (b) qualifying food, beverages and entertainment;

    • (c) qualifying fuel;

    • (c.1) qualifying heating oil;

    • (d) qualifying motor vehicles; and

    • (e) qualifying telecommunications services.

  • Marginal note:Farming property or service

    (3) For the purposes of this section and paragraph 46(d), specified property or service of a person is farming property or service of the person for a particular reporting period of the person if the chief source of income for the taxation year of the person preceding the particular reporting period was farming and if the specified property or service is primarily consumed or used in the person’s farming activities.

  • Marginal note:Tax recovery rate

    (4) For the purposes of paragraph 46(d), the tax recovery rate of a financial institution for a specified class of specified property or service for a reporting period of the financial institution is

    • (a) if the specified class is qualifying fuel, the tax recovery rate of the financial institution for qualifying motor vehicles for the reporting period, as determined under paragraph (b);

    • (a.1) if the specified class is qualifying energy or qualifying heating oil, the percentage that would be the tax recovery rate of the financial institution for qualifying energy for the reporting period if the definition qualifying energy in subsection (1) were read without reference to “other than qualifying heating oil” and if the tax recovery rate were determined under paragraph (b); and

    • (b) for any other specified class,

      • (i) if an election under section 43 is in effect throughout the reporting period, the percentage determined by the formula

        A/B

        where

        A
        is the total of all amounts, each of which is an input tax credit of the financial institution for the reporting period in respect of an amount of tax under any of subsection 165(1) and sections 212, 218 and 218.01 of the Act, and
        B
        is the total of all amounts, each of which is an amount of tax under any of subsection 165(1) and sections 212, 218 and 218.01 of the Act that became payable by the financial institution during the reporting period without having been paid before the reporting period or was paid by the financial institution during the reporting period without having become payable, and
      • (ii) in any other case, the percentage determined by the formula

        C/D

        where

        C
        is the total of all amounts, each of which is an input tax credit of the financial institution for the reporting period in respect of a specified property or service of the specified class and in respect of an amount of tax under any of subsection 165(1) and sections 212, 218 and 218.01 of the Act, and
        D
        is the total of all amounts, each of which is an amount of tax under any of subsection 165(1) and sections 212, 218 and 218.01 of the Act in respect of a supply of a specified property or service of the specified class that became payable by the financial institution during the reporting period without having been paid before the reporting period or was paid by the financial institution during the reporting period without having become payable.
  • SOR/2013-71, s. 2
  • SOR/2013-197, s. 2
 
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