Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations

Marginal note:No permanent establishment in a participating province

• 7 (1) If, in a particular period, a selected listed financial institution that is an individual does not have a permanent establishment in a particular participating province, the financial institution’s percentage for that province for the particular period is nil.

• Marginal note:Determination of the percentage

  (2) If, in a particular period, a selected listed financial institution that is an individual has a permanent establishment in a participating province, the financial institution’s percentage for the participating province for the particular period is 1/2 of the total of

  • (a) the percentage that the gross revenue of the financial institution for the particular period reasonably attributable to the permanent establishments of the financial institution in the participating province is of the total gross revenue of the financial institution for the particular period, and

  • (b) the percentage that the total of all salaries and wages paid by the financial institution in the particular period to employees of the permanent establishments of the financial institution in the participating province is of the total of all salaries and wages paid by the financial institution in the particular period to employees of the permanent establishments of the financial institution in Canada.

• Marginal note:Special rules for attribution of gross revenue

  (3) For the purpose of applying subsection (2), and the definition “total gross revenue”, in relation to a financial institution that is an individual, gross revenue for a particular period of the financial institution is reasonably attributable to a particular permanent establishment if that gross revenue would be attributable to that permanent establishment under the rules set out in subsection 2603(4) of the Income Tax Regulations if the financial institution were a taxpayer under the Income Tax Act and if the references in that subsection to a year and to gross revenue for the year were read as references to the particular period and to gross revenue for the particular period, respectively.

• Marginal note:Fees

  (4) For the purpose of subsection (2), if a financial institution pays a fee to another person under an agreement pursuant to which that other person or employees of that other person perform services for the financial institution that would normally be performed by employees of the financial institution, the fee so paid is deemed to be salary paid by the financial institution and that part of the fee that may reasonably be regarded as payment in respect of services rendered at a permanent establishment of the financial institution is deemed to be salary paid to an employee of the permanent establishment.

• Marginal note:Commissions

  (5) For the purpose of subsection (4), a fee paid by a financial institution does not include a commission paid to a person who is not an employee of the financial institution.