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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

RELATED PROVISIONS

  • — SOR/2013-71, s. 20

    • 20 Section 1, sections 1 and 2, paragraphs 3(a) and (d) to (f) and sections 4 to 20, 22, 23, 25 and 27 to 72 of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations, as enacted by section 2, sections 12 and 13 and Part 4 apply in respect of a reporting period of a person that ends on or after July 1, 2010, except that

      • (a) in determining if a financial institution is a prescribed financial institution throughout a reporting period in a fiscal year that ends in a taxation year of the financial institution that begins before the day on which these Regulations are published in the Canada Gazette, Part II, the definition permanent establishment in subsection 1(1) of those Regulations, as enacted by section 2, is to be read without reference to

        • (i) the words “other than an investment plan” in paragraphs (a) and (b), and

        • (ii) paragraph (c);

      • (b) in determining under section 7 of those Regulations, as enacted by section 2, if an investment plan is a qualifying small investment plan for a particular fiscal year of the investment plan that begins on or before January 28, 2011 the description of A in subsection 7(1) of those Regulations is to be read without reference to paragraphs (b) and (c) and the description of B in that subsection is to be read without reference to paragraphs (b) and (c);

      • (c) in determining under section 7 of those Regulations, as enacted by section 2, if an investment plan is a qualifying small investment plan for a particular fiscal year of the investment plan that begins after January 28, 2011 and before the day on which these Regulations are published in the Canada Gazette, Part II, the investment plan may elect to read the description of A in subsection 7(1) of those Regulations without reference to paragraph (c) and the description of B in that subsection without reference to paragraphs (b) and (c);

      • (d) in determining if section 9 of those Regulations, as enacted by section 2, applies in respect of a reporting period of an investment plan that begins before the day on which these Regulations are published in the Canada Gazette, Part II, the investment plan may elect to read the reference to “preceding taxation year” in paragraph 13(a) of those Regulations, as enacted by section 2, as a reference to “taxation year”;

      • (e) before the day on which these Regulations are published in the Canada Gazette, Part II, subsection 14(1) of those Regulations, as enacted by section 2, is to be read without reference to “if section 13 does not apply in respect of a reporting period in the fiscal year”;

      • (f) before October 12, 2011, any reference to “revenu brut” in sections 16, 20, 22 and 23 of the French version of those Regulations, as enacted by section 2, is to be read as a reference to “recettes brutes”;

      • (g) in determining a selected listed financial institution’s percentage for a particular period that begins before the day on which these Regulations are published in the Canada Gazette, Part II under section 25 of those Regulations, as enacted by section 2, the financial institution may elect to read the references to “calendar quarter” in subsections 25(2) and (3) of those Regulations as references to “calendar month”;

      • (h) no person is liable to a penalty under subsection 52(12) or (13) of those Regulations, as enacted by section 2, in respect of information that is required to be provided to an investment plan on or before the day on which these Regulations are published in the Canada Gazette, Part II;

      • (i) if an election made under subsection 53(1) of those Regulations, as enacted by section 2, by an investment plan and the manager of the investment plan is in effect at a time that is on or before the particular day on which these Regulations are published in the Canada Gazette, Part II and that is immediately before the time at which the investment plan ceases to exist, the manager must file with the Minister of National Revenue a return described in subsection 53(5) of those Regulations, as enacted by section 2, on or before the day that is six months after the particular day unless the investment plan files the return on or before the particular day;

      • (j) if an election made under subsection 54(1) of those Regulations, as enacted by section 2, by an investment plan and the manager of the investment plan is in effect at a time that is on or before the particular day on which these Regulations are published in the Canada Gazette, Part II and that is immediately before the time at which the investment plan ceases to exist and if paragraph 54(11)(a) of those Regulations, as enacted by section 2 does not apply in respect of the election, the manager must file with the Minister of National Revenue a return described in paragraph 54(11)(b) of those Regulations, as enacted by section 2, on or before the later of

        • (i) the day that is six months after the particular day, and

        • (ii) the day on which the return would otherwise be required to be filed under subsection 54(8) of those Regulations, as enacted by section 2; and

      • (k) no person is liable to a penalty the amount of which is determined under section 7 of the Electronic Filing and Provision of Information (GST/HST) Regulations, as amended by section 16, in respect of a particular amount that is

        • (i) in respect of a specified return for a reporting period that is filed before the day on which these Regulations are published in the Canada Gazette, Part II, and

        • (ii) prescribed, for the purposes of section 284.01 of the Excise Tax Act, by subsection 5(4) of those Regulations, as enacted by section 15.

  • — SOR/2013-71, s. 21

    • 21 Paragraphs 3(b) and (c) and sections 21, 24 and 26 of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations, as enacted by section 2, apply in respect of a reporting period in a fiscal year of a person that begins on or after July 1, 2010, except that, before October 12, 2011, any reference to “revenu brut” in section 26 of the French version of those Regulations, as enacted by section 2, is to be read as a reference to “recettes brutes”.

  • — SOR/2013-197, s. 10

      • 10 (1) Sections 1 to 3 and 9 apply in respect of a reporting period of a person that ends on or after April 1, 2013.

      • (2) Sections 4 to 6 and 8 apply in respect of a reporting period of a person that ends on or after July 1, 2010.

  • — 2018, c. 27, s. 55(6)

      • 55 (6) Subsection (1) applies in respect of any reporting period of a person that begins

        • (a) after 2018; and

        • (b) in 2018 if the person is a listed financial institution throughout the reporting period of the person that includes January 1, 2018.

  • — SOR/2019-59, s. 39

    • 39 Sections 6 and 16 apply in respect of any taxation year of a person that begins after July 22, 2016.

  • — SOR/2019-59, s. 41

      • 41 (1) Subsections 13(1), (4) and (5) and sections 20 and 23 apply in respect of

        • (a) any reporting period of a person that begins after July 21, 2016; and

        • (b) any reporting period of a person that ends after June 2010 but begins before July 22, 2016, each of which is referred to in this paragraph as a “specified reporting period”, if

      • (2) An election under subparagraph (1)(b)(iii) is to

        • (a) be made in prescribed form containing prescribed information; and

        • (b) be filed with the Minister of National Revenue in prescribed manner on or before the day that is one year after the day on which these Regulations are published in the Canada Gazette or any later day that the Minister of National Revenue may allow.

      • (3) For the purposes of applying paragraph (1)(b),

        • (a) paragraph (a) of the definition investment plan in subsection 1(1) of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations, as enacted by subsection 13(1), is to be read as follows:

          • (a) a trust governed by a registered retirement savings plan or a registered retirement income fund; or

        • (b) despite paragraphs 14(3)(c), 53(3)(c), 54(12)(c) and 55(4)(c) of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations, if a selected listed financial institution that is a trust governed by a registered education savings plan makes an election under any of sections 14 and 53 to 55 of those Regulations that applies in respect of any specified reporting period of the financial institution referred to in paragraph (1)(b), the election is to be filed with the Minister of National Revenue in prescribed manner on or before the day that is six months after the day on which these Regulations are published in the Canada Gazette or any later day that the Minister of National Revenue may allow;

        • (c) despite paragraph 56(1)(b) of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations, if a selected listed financial institution that is a trust governed by a registered education savings plan makes an election under either of sections 53 and 55 of those Regulations that applies in respect of any specified reporting period of the financial institution referred to in paragraph (1)(b) and no election under subsection 54(1) of those Regulations applies in respect of that reporting period, for the purposes of paragraph 240(2.1)(a.1) of the Excise Tax Act the prescribed day is the day that is five months after the day on which these Regulations are published in the Canada Gazette;

        • (d) despite paragraph 56(2)(b) of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations, if, under any of subsections 54(3), (4) and (14) of those Regulations, a selected listed financial institution that is a trust governed by a registered education savings plan withdraws from or revokes an election made under subsection 54(1) of those Regulations that applies in respect of any specified reporting period of the financial institution referred to in paragraph (1)(b), if the withdrawal or revocation comes into effect on a particular day that is before July 22, 2016 and if an election made by the financial institution under either of sections 53 and 55 of those Regulations is in effect on the particular day, for the purposes of paragraph 240(2.1)(a.1) of the Excise Tax Act the prescribed day is the day that is five months after the day on which these Regulations are published in the Canada Gazette;

        • (e) despite paragraph 56(3)(b) of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations, if two or more selected listed financial institutions and a manager of those financial institutions jointly make an election under subsection 54(1) of those Regulations that applies in respect of any specified reporting period of the financial institutions referred to in paragraph (1)(b) and if each of those financial institutions is a trust governed by a registered education savings plan, for the purposes of subsection 240(1.3)(b) of the Excise Tax Act the prescribed day is the day that is six months after the day on which these Regulations are published in the Canada Gazette;

        • (f) if a selected listed financial institution that is a trust governed by a registered education savings plan and a manager of the financial institution jointly make a particular election under subsection 54(2) of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations to include the financial institution in an election made under subsection 54(1) of those Regulations that applies in respect of any specified reporting period of the financial institution referred to in paragraph (1)(b) and if the particular election comes into effect before July 22, 2016, the financial institution or the manager has, despite paragraph 240(1.4)(b) of the Excise Tax Act, until the day that is six months after the day on which these Regulations are published in the Canada Gazette to make an application to the Minister of National Revenue under that paragraph; and

        • (g) if a selected listed financial institution that is a trust governed by a registered education savings plan makes an election under section 55 of the Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations that applies in respect of any specified reporting period of the financial institution referred to in paragraph (1)(b), despite subsections 238(1) and (2.1) of the Excise Tax Act and subsection 54(8) of those Regulations, a return for the specified reporting period that is required to be filed under subsection 238(1) or (2.1) of that Act is required to be filed on or before the day that is six months after the day on which these Regulations are published in the Canada Gazette.

  • — SOR/2019-59, s. 43

    • 43 Subsections 13(3), 21(9) and 22(1), (3) and (6) apply in respect of any reporting period of a person that ends after June 2010.

  • — SOR/2019-59, s. 44

    • 44 Sections 14 and 19 apply in respect of any reporting period of a person that begins after July 22, 2016.

  • — SOR/2019-59, s. 45

    • 45 Subsections 21(1), (4), (7) and (10) and 22(2), (4), (5), (7) and (8) apply in respect of any supply to which an election made under subsection 225.2(4) of the Excise Tax Act applies if that election becomes effective after December 14, 2017.

  • — SOR/2019-59, s. 46

    • 46 Subsections 21(2), (3), (5), (6) and (8) apply in respect of any reporting period of a person that ends after July 22, 2016.

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