GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Excise Tax Act — E-15 (a)
qualifying consideration for a specified year of a qualifying taxpayer in respect of an outlay made, or expense incurred, outside Canada means the amount in respect of the outlay or expense determined by the formula A – B where A is the amount of the outlay or expense that (a) is allowed as a deduction, an allowance or an allocation for a reserve under the Income Tax Act in computing the qualifying taxpayer’s income for the specified year, or would be so allowed if (i) the qualifying taxpayer’s income were computed in accordance with that Act, (ii) the qualifying taxpayer carried on a business in Canada, and (iii) that Act applied to the qualifying taxpayer, and (b) may reasonably be regarded as being applicable to a Canadian activity of the qualifying taxpayer; and B is the total of all amounts each of which is included in the amount determined under the description of A and is (a) an amount that is a permitted deduction for the specified year or a preceding specified year of the qualifying taxpayer, other than an amount that is included in paragraph (b) or that is a returned commission included in paragraph (c), (b) an amount that represents a cost to a qualifying establishment of the qualifying taxpayer in a country other than Canada, or a share of a profit of the qualifying taxpayer that is redistributed from a qualifying establishment of the qualifying taxpayer in Canada to a qualifying establishment of the qualifying taxpayer in a country other than Canada, that is solely attributable to the issuance, renewal, variance or transfer of ownership by the qualifying taxpayer of a financial instrument that is a derivative, provided that all or substantially all of the amount is (i) an error or profit margin, or employee compensation or benefits, that is reasonably attributable to the issuance, renewal, variance or transfer of ownership, or (ii) the estimate of the default risk premium that is directly associated with the derivative, or (c) if a particular amount, included in the amount determined under the description of A, is any part of the value of the consideration for a supply made to the qualifying taxpayer of a financial service that includes the issuance, renewal, variation or transfer of ownership of a policy of reinsurance in respect of one or more particular insurance policies issued by the qualifying taxpayer, an amount (in this description referred to as a returned commission ) included in the particular amount that (i) is attributable to expenses incurred exclusively in Canada by the qualifying taxpayer to issue and administer the particular insurance policies, (ii) is returned to the qualifying taxpayer as a ceding commission in respect of the particular insurance policies, and (iii) is required to be included under the Income Tax Act in computing the qualifying taxpayer’s income for the specified year or for another specified year of the qualifying taxpayer, or would be so required to be included if the conditions set out in subparagraphs (a)(i) to (iii) of the description of A applied to the qualifying taxpayer. ( contrepartie admissible )
Excise Tax Act — E-15
qualifying establishment means a permanent establishment as defined in subsection 123(1) or a permanent establishment as defined in subsection 132.1(2). ( établissement admissible )
Excise Tax Act — E-15
qualifying instrument means money, a credit card voucher, a charge card voucher or a financial instrument. ( instrument admissible )
Excise Tax Act — E-15
qualifying service means a service or duty. ( service admissible )
Excise Tax Act — E-15
reporting period [Repealed, 1997, c. 10, s. 42]
Excise Tax Act — E-15
specified arm’s length supply means a supply (other than a specified derivative supply) of a financial service (other than a specified financial service) made to a qualifying taxpayer as part of a transaction or series of transactions in which all participants deal at arm’s length with the qualifying taxpayer. ( fourniture déterminée entre personnes sans lien de dépendance )
Excise Tax Act — E-15 (a)
specified derivative supply means a supply (a) that is a supply of a financial service of issuing, renewing, varying or transferring the ownership of a financial instrument that is a derivative, or that is a supply made by an agent, salesperson or broker of arranging for the issuance, renewal, variance or transfer of ownership of a financial instrument that is a derivative; and (b) for which all or substantially all of the value of the consideration is attributable to (i) any error or profit margin, or employee compensation or benefits, reasonably attributable to the supply, and (ii) amounts that are not loading. ( fourniture déterminée d’instrument dérivé )
Excise Tax Act — E-15
specified financial service means a financial service supplied to a qualifying taxpayer by an agent, salesperson or broker of arranging for the issuance, renewal, variation or transfer of ownership of a financial instrument that is property of a person other than the agent, salesperson or broker. ( service financier déterminé )
Excise Tax Act — E-15
specified non-arm’s length supply means a supply (other than a specified derivative supply) of a financial service (other than a specified financial service) that includes the issuance, renewal, variation or transfer of ownership of a qualifying instrument, made to a qualifying taxpayer as part of a transaction or series of transactions in which any participant does not deal at arm’s length with the qualifying taxpayer. ( fourniture déterminée entre personnes ayant un lien de dépendance )
Excise Tax Act — E-15 (a)
specified year of a person means (a) in the case of a person that is described in paragraph (a) or (b) of the definition taxation year in subsection 123(1), the taxation year of the person; (b) in the case of a person that is a registrant but is not described in paragraph (a) or (b) of the definition taxation year in subsection 123(1), the fiscal year of the person; and (c) in any other case, the calendar year. ( année déterminée )
Excise Tax Act — E-15
taxing statute of a country means a statute of the country, or of a state, province or other political subdivision of the country, that imposes a levy or charge of general application that is an income or profits tax. ( loi fiscale )
Excise Tax Act — E-15
transaction includes an arrangement or event. ( opération )
Excise Tax Act — E-15 217.2
Election 217.2 (1) A qualifying taxpayer that is resident in Canada may elect to determine tax under section 218.01 in accordance with paragraph 218.01(a) and tax under subsection 218.1(1.2) in accordance with paragraph 218.1(1.2)(a) for each specified year of the qualifying taxpayer during which the election is in effect. Form and contents of election (2) An election made under subsection (1) by a qualifying taxpayer shall (a) be made in prescribed form containing prescribed information; (b) set out the first specified year of the qualifying taxpayer during which the election is to be in effect; (c) specify if subparagraph 217.1(4)(a)(iii) is to apply in all cases in determining the internal charges for all specified years of the qualifying taxpayer during which the election is to be in effect; and (d) be filed with the Minister in prescribed manner on or before the day on or before which the qualifying taxpayer’s return under section 219 in respect of tax under section 218.01 or subsection 218.1(1.2) for the first specified year is required to be filed. Effective date (3) An election made under subsection (1) by a qualifying taxpayer shall become effective on the first day of the specified year set out in the form. Cessation (4) An election made under subsection (1) by a qualifying taxpayer ceases to have effect on the earlier of (a) the first day of the specified year of the qualifying taxpayer in which the qualifying taxpayer ceases to be resident in Canada; and (b) the day on which a revocation of the election becomes effective. Revocation (5) A qualifying taxpayer that has made an election under subsection (1) may revoke the election, effective on the first day of a specified year of the qualifying taxpayer that begins at least two years after the election became effective, by filing in prescribed manner with the Minister a notice of revocation in prescribed form containing prescribed information not later than the day on which the revocation is to become effective. Restriction (6) If a revocation of an election made under subsection (1) becomes effective on a particular date, any subsequent election under that subsection is not a valid election unless the first day of the specified year set out in the subsequent election is at least two years after the day on which the revocation became effective. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2010, c. 12, s. 62
Excise Tax Act — E-15 218
Imposition of goods and services tax 218 Subject to this Part, every recipient of an imported taxable supply shall pay to Her Majesty in right of Canada tax calculated at the rate of 5% on the value of the consideration for the imported taxable supply. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1990, c. 45, s. 12; 1997, c. 10, s. 203; 2006, c. 4, s. 20; 2007, c. 35, s. 187
Excise Tax Act — E-15 218.01
Imposition of goods and services tax 218.01 Subject to this Part, every qualifying taxpayer shall, for each specified year of the qualifying taxpayer, pay to Her Majesty in right of Canada tax calculated at the rate of 5% on (a) if an election under subsection 217.2(1) is in effect for the specified year, the amount determined by the formula A + B where A is the total of all amounts, each of which is an internal charge for the specified year that is greater than zero, and B is the total of all amounts, each of which is an external charge for the specified year that is greater than zero; and (b) in any other case, the total of all amounts, each of which is qualifying consideration for the specified year that is greater than zero. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2010, c. 12, s. 63
Excise Tax Act — E-15 218.1
that area only to the extent that it is acquired for consumption, use or supply in that area in the course of an offshore activity. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1997, c. 10, s. 203; 2000, c. 30, s. 46; 2001, c. 15, s. 8; 2007, c. 35, s. 3; 2009, c. 32, s. 14; 2010, c. 12, ss. 64, 95; 2012, c. 31, s. 76; 2017, c. 33, s. 127
Excise Tax Act — E-15 218.2
When tax payable 218.2 Tax under this Division (other than tax under section 218.01 or subsection 218.1(1.2)) that is calculated on an amount of consideration for a supply that becomes due at any time, or is paid at any time without having become due, becomes payable at that time. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1997, c. 10, s. 203; 2010, c. 12, s. 65
Excise Tax Act — E-15 218.3
When tax payable 218.3 Tax under section 218.01 and subsection 218.1(1.2) that is determined for a specified year of a qualifying taxpayer becomes payable by the qualifying taxpayer on (a) if the specified year is a taxation year of the qualifying taxpayer for the purposes of the Income Tax Act and the qualifying taxpayer is required under Division I of that Act to file a return of income for the specified year, the filing-due date for the specified year for the purposes of that Act; and (b) in any other case, the day that is six months after the end of the specified year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2010, c. 12, s. 65
Excise Tax Act — E-15 219
Filing of returns and payment of tax 219 Where tax under this Division is payable by a person, (a) if the person is a registrant, the person shall, on or before the day on or before which the person’s return under section 238 for the reporting period in which the tax became payable is required to be filed, pay the tax to the Receiver General and (i) if the person is not a qualifying taxpayer, report the tax in that return, or (ii) if the person is a qualifying taxpayer, file with the Minister in prescribed manner a return in respect of the tax in prescribed form containing prescribed information; and (b) in any other case, the person shall, on or before the last day of the month following the calendar month in which the tax became payable, pay the tax to the Receiver General and file with the Minister in prescribed manner a return in respect of the tax in prescribed form containing prescribed information. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1990, c. 45, s. 12; 1997, c. 10, s. 43; 2010, c. 12, s. 66
Excise Tax Act — E-15 (a)
intangible capital of a specified person means any of the following that is consumed or used by the specified person in the process of creating, developing or bringing into existence intangible personal property: (a) all or part of a labour activity of the specified person; (b) all or part of property (other than intangible personal property described in paragraph (a) of the definition intangible resource ); or (c) all or part of a service. ( capital incorporel )
Excise Tax Act — E-15 (a)
intangible resource of a specified person means (a) all or part of intangible personal property supplied to, or created, developed or brought into existence by, the specified person that is not support capital of the specified person; (b) intangible capital of the specified person; or (c) any combination of the items referred to in paragraphs (a) and (b). ( ressource incorporelle )
Excise Tax Act — E-15
labour activity of a specified person means anything done by an employee of the specified person in the course of, or in relation to, the office or employment of the employee. ( activité de main-d’oeuvre )
Excise Tax Act — E-15
support capital of a specified person means all or part of intangible personal property that is consumed or used by the specified person in the process of creating, developing or bringing into existence property (other than intangible personal property) or in supporting, assisting or furthering a labour activity of the specified person. ( capital d’appui )
Excise Tax Act — E-15 (a)
support resource of a specified person means (a) all or part of property (other than intangible personal property) supplied to, or created, developed or brought into existence by, the specified person that is not intangible capital of the specified person; (b) all or part of a service supplied to the specified person that is not intangible capital of the specified person; (c) all or part of a labour activity of the specified person that is not intangible capital of the specified person; (d) support capital of the specified person; or (e) any combination of the items referred to in paragraphs (a) to (d). ( ressource d’appui )
Excise Tax Act — E-15 220.01
Definitions 220.01 The following definitions apply in this Division. provincial authority means any department or agency of a province that is empowered under the laws of that province to collect, at the time when a specified motor vehicle is registered in the province, any specified provincial tax imposed in respect of the specified motor vehicle. ( autorité provinciale ) specified provincial tax means (a) in the case of a vehicle registered in the province of Nova Scotia, the tax imposed under Part IIA of the Revenue Act , S.N.S. 1995-96, c. 17, as amended from time to time; (b) in the case of a vehicle registered in the province of New Brunswick, the tax imposed under Part V of the Harmonized Sales Tax Act , S.N.B. 1997, c. H-1.01, as amended from time to time; (c) in the case of a vehicle registered in the province of Newfoundland and Labrador, the tax imposed under the Retail Sales Tax Act , R.S.N.L. 1990, c. R-15, as amended from time to time; and (d) in the case of a vehicle registered in any other participating province, a prescribed tax. ( taxe provinciale déterminée ) specified value , in respect of a specified motor vehicle that a person is required to register under the laws of a participating province relating to the registration of motor vehicles, means the value that would be attributed to the specified motor vehicle by the provincial authority for that province for the purpose of calculating the specified provincial tax payable if, at the time of registration, that tax were payable in respect of the specified motor vehicle. ( valeur déterminée ) tangible personal property includes a mobile home that is not affixed to land and a floating home. ( bien meuble corporel ) [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1997, c. 10, s. 204; 2007, c. 18, s. 21; 2009, c. 32, s. 15
Excise Tax Act — E-15
provincial authority means any department or agency of a province that is empowered under the laws of that province to collect, at the time when a specified motor vehicle is registered in the province, any specified provincial tax imposed in respect of the specified motor vehicle. ( autorité provinciale )
Excise Tax Act — E-15 (a)
specified provincial tax means (a) in the case of a vehicle registered in the province of Nova Scotia, the tax imposed under Part IIA of the Revenue Act , S.N.S. 1995-96, c. 17, as amended from time to time; (b) in the case of a vehicle registered in the province of New Brunswick, the tax imposed under Part V of the Harmonized Sales Tax Act , S.N.B. 1997, c. H-1.01, as amended from time to time; (c) in the case of a vehicle registered in the province of Newfoundland and Labrador, the tax imposed under the Retail Sales Tax Act , R.S.N.L. 1990, c. R-15, as amended from time to time; and (d) in the case of a vehicle registered in any other participating province, a prescribed tax. ( taxe provinciale déterminée )
Excise Tax Act — E-15
specified value , in respect of a specified motor vehicle that a person is required to register under the laws of a participating province relating to the registration of motor vehicles, means the value that would be attributed to the specified motor vehicle by the provincial authority for that province for the purpose of calculating the specified provincial tax payable if, at the time of registration, that tax were payable in respect of the specified motor vehicle. ( valeur déterminée )
Excise Tax Act — E-15
tangible personal property includes a mobile home that is not affixed to land and a floating home. ( bien meuble corporel )
Excise Tax Act — E-15 220.02
Carriers 220.02 Where a particular person brings property into a province on behalf of another person, for the purposes of this Division, the other person and not the particular person is deemed to have brought the property into the province. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1997, c. 10, s. 204
Excise Tax Act — E-15 220.03
In transit 220.03 Where at any time a person brings tangible personal property into a province in the course of transporting property from a place outside the province to another place outside the province, and the property is not stored in the province for purposes that are not incidental to the transportation, the person is deemed for the purposes of this Division not to have brought the property into the province at that time. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1997, c. 10, s. 204
Excise Tax Act — E-15 220.04
Selected listed financial institutions 220.04 If tax under this Division would, in the absence of this section, become payable by a person when the person is a selected listed financial institution, that tax is not payable unless it is a prescribed amount of tax. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1997, c. 10, s. 204; 2000, c. 30, s. 47; 2009, c. 32, s. 16
Excise Tax Act — E-15 220.05
Tax in participating province 220.05 (1) Subject to this Part, if at a particular time a person brings tangible personal property into a participating province from another province, the person shall pay tax to Her Majesty in right of Canada equal to the amount determined in prescribed manner. When tax payable (2) Tax under subsection (1) on property brought into a participating province by a person becomes payable (a) in the case of a specified motor vehicle that the person is required to register under the laws of the province relating to the registration of motor vehicles, on the earlier of the day the person so registers the vehicle and the day on or before which the person is required to register the vehicle; and (b) in any other case, on the day the property is brought into the province. Non-taxable property (3) No tax is payable under subsection (1) (a) in respect of property that is included in Part I of Schedule X and is not prescribed property; or (b) in prescribed circumstances. Pension entities (3.1) No tax is payable under subsection (1) in respect of property if a person that is a pension entity of a pension plan is the recipient of a particular supply of the property made by a participating employer of the pension plan and (a) the amount determined for B in the formula in paragraph 172.1(5)(c) in respect of a supply of the same property that is deemed to have been made by the participating employer under paragraph 172.1(5)(a) is greater than zero; (b) the amount determined for the pension plan under the description of B in paragraph 172.1(5.1)(c) in respect of a supply of the same property that is deemed to have been made by the participating employer under paragraph 172.1(5.1)(a) is greater than zero; (c) the amount determined for B in paragraph 172.1(6)(c) in respect of every supply deemed to have been made under paragraph 172.1(6)(a) of an employer resource (as defined in subsection 172.1(1)) consumed or used for the purpose of making the particular supply is greater than zero; or (d) the amount determined for the pension plan under the description of B in paragraph 172.1(6.1)(c) in respect of every supply deemed to have been made under paragraph 172.1(6.1)(a) of an employer resource (as defined in subsection 172.1(1)) consumed or used for the purpose of making the particular supply is greater than zero. Application in offshore areas (4) Subsection (1) does not apply to property brought into the Nova Scotia offshore area or the Newfoundland offshore area by a person unless the property is brought into the area for consumption, use or supply in the course of an offshore activity. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1997, c. 10, s. 204; 2007, c. 18, s. 22; 2009, c. 32, s. 17; 2010, c. 12, s. 68; 2012, c. 31, s. 77; 2017, c. 33, s. 128