New Harmonized Value-added Tax System Regulations, No. 2

Marginal note:Prescribed classes

• 2 (1) For the purposes of subsection 132.1(3) of the Act, the following classes of persons are prescribed:

  • (a) charities;

  • (b) non-profit organizations; and

  • (c) selected public service bodies, as defined in subsection 259(1) of the Act.

• Marginal note:Permanent establishment in a province

  (2) For the purposes of subsection 132.1(3) of the Act, a person referred to in subsection (1) is deemed to have a permanent establishment in a province if a place in the province would be a permanent establishment (as defined for the purposes of Part IV of the Income Tax Regulations) of the person under the following circumstances:

  • (a) the person were a corporation; and

  • (b) the person’s activities were a business for the purposes of the Income Tax Act.

• Marginal note:Permanent establishment in province — provincial series

  (3) For the purposes of subsection 132.1(3) of the Act, a stratified investment plan with one or more provincial series is a prescribed person and is deemed, for each province in respect of which the investment plan has a provincial series, to have a permanent establishment in the province for the purpose of applying subsection 132.1(1) of the Act for the purpose of section 218.1 and Division IV.1 of Part IX of the Act.

• Marginal note:Permanent establishment in province — provincial investment plan

  (4) For the purposes of subsection 132.1(3) of the Act, a financial institution that is a provincial investment plan for a province is a prescribed person and is deemed to have a permanent establishment in the province for the purpose of applying subsection 132.1(1) of the Act for the purpose of section 218.1 and Division IV.1 of Part IX of the Act.