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

Marginal note:Prescribed time

• 30 (1) If a person acquires or imports a specified property or service or brings it into a specified province and tax under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act in respect of the supply, importation or bringing in becomes payable by the person, is paid by the person without having become payable or would have become payable by the person if the rules described in paragraphs 29(1)(a) to (g) applied in respect of that supply, importation or bringing in or if subsection 29(2) applied in respect of that bringing in, for the purposes of subsection 236.01(2) of the Act, the prescribed time in respect of a specified provincial input tax credit of the person in respect of the specified property or service is

  • (a) if the specified property or service is a qualifying motor vehicle the supply of which is made under a lease and the person is required, in accordance with subsection 235(1) of the Act, to add an amount representing all or part of that tax in determining the net tax for a reporting period of the person, the last day of the appropriate reporting period determined under subsection 235(2) of the Act;

  • (b) if the specified property or service is food, beverages or entertainment and the person is required, in accordance with subsection 236(1) of the Act, to add an amount representing all or part of that tax in determining the net tax for a reporting period of the person, the last day of the appropriate reporting period determined under subsection 236(1.1) of the Act;

  • (c) in the case where that tax would have only become payable by the person if the rules described in paragraphs 29(1)(a) to (g) applied in respect of that supply, importation or bringing in or if subsection 29(2) applied in respect of that bringing in, the day that is

    • (i) the particular day on which that tax would have become payable by the person if

      • (A) the reporting period of the person is a fiscal year,

      • (B) the reporting period of the person is a fiscal quarter and either

        • (I) the particular day is in a fiscal month that is not the last fiscal month of the fiscal quarter, or

        • (II) the particular day is in the last fiscal month of the fiscal quarter and the person has added an amount to its net tax in respect of the specified provincial input tax credit for the reporting period of the person that includes the particular day, or

      • (C) the reporting period of the person is a fiscal month and the person has added an amount to its net tax in respect of the specified provincial input tax credit for the reporting period of the person that includes the particular day, and

    • (ii) otherwise, the first day of the reporting period following the reporting period that includes the day on which that tax would have become payable by the person; and

  • (d) in any other case, the earlier of

    • (i) the day that is

      • (A) the particular day on which that tax becomes payable by the person if

        • (I) an input tax credit in respect of that tax is claimed in the return under Division V of Part IX of the Act filed for the reporting period that includes the particular day,

        • (II) the reporting period of the person is a fiscal year,

        • (III) the reporting period of the person is a fiscal quarter and either

          1 the particular day is in a fiscal month that is not the last fiscal month of the fiscal quarter, or

          2 the particular day is in the last fiscal month of the fiscal quarter and the person has added an amount to its net tax in respect of the specified provincial input tax credit for the reporting period of the person that includes the particular day, or

        • (IV) the reporting period of the person is a fiscal month and the person has added an amount to its net tax in respect of the specified provincial input tax credit for the reporting period of the person that includes the particular day, and

      • (B) otherwise, the first day of the reporting period following the reporting period that includes the day on which that tax becomes payable by the person, and

    • (ii) the day that is the later of July 1, 2010 and

      • (A) the particular day on which that tax is paid by the person if

        • (I) an input tax credit in respect of that tax is claimed in the return under Division V of Part IX of the Act filed for the reporting period that includes the particular day,

        • (II) the reporting period of the person is a fiscal year,

        • (III) the reporting period of the person is a fiscal quarter and either

          1 the particular day is in a fiscal month that is not the last fiscal month of the fiscal quarter, or

          2 the particular day is in the last fiscal month of the fiscal quarter and the person has added an amount to its net tax in respect of the specified provincial input tax credit for the reporting period of the person that includes the particular day, or

        • (IV) the reporting period of the person is a fiscal month and the person has added an amount to its net tax in respect of the specified provincial input tax credit for the reporting period of the person that includes the particular day, and

      • (B) otherwise, the first day of the reporting period following the reporting period that includes the day on which that tax is paid by the person.

• Marginal note:Prescribed time — Prince Edward Island

  (2) In applying subsection (1) in respect of a specified provincial input tax credit that is a Prince Edward Island recapture amount, the reference to “July 1, 2010” in subparagraph (1)(d)(ii) is to be read as a reference to “April 1, 2013”.