GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — (a)
attribution point means, in respect of a particular series of a stratified investment plan, or in respect of a particular investment plan other than a stratified investment plan, and for a taxation year in which a fiscal year of the stratified investment plan or the particular investment plan, as the case may be, ends, (a) in the case of a particular series, (i) if the particular series is an exchange-traded series, each of September 30 of the calendar year (in this definition referred to as the “particular calendar year”) in which the fiscal year ends and (A) one or more of March 31, June 30 and December 31 of the particular calendar year, as determined by the stratified investment plan, or (B) March 31 of the particular calendar year, in the absence of such a determination by the stratified investment plan, and (ii) in any other case, September 30 of the particular calendar year; and (b) in the case of a particular investment plan, (i) if the particular investment plan is a distributed investment plan other than an exchange-traded fund, September 30 of the particular calendar year, (ii) if the particular investment plan is an exchange-traded fund, each of September 30 of the particular calendar year and (A) one or more of March 31, June 30 and December 31 of the particular calendar year, as determined by the particular investment plan, or (B) March 31 of the particular calendar year, in the absence of such a determination by the particular investment plan, and (iii) if the particular investment plan is a pension entity of a defined benefits pension plan, the day that is the last day for which calculations of the actuarial liabilities of the plan have been completed and that is in the period that includes the particular calendar year and the three preceding calendar years or, if no such day exists, September 30 of the particular calendar year, and (iv) if the particular investment plan is a pension entity of a defined contribution pension plan or if the particular investment plan is not described in subparagraphs (i) to (iii), the day that is the last day for which the particular investment plan has, or can reasonably be expected to have, all or substantially all of the data required to calculate the particular investment plan’s percentage for each participating province and for the taxation year and that is in the period that includes the particular calendar year and the preceding calendar year or, if no such day exists, September 30 of the particular calendar year. ( moment d’attribution )
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations
gross revenue of a selected listed financial institution for a particular period means the amount that would be the gross revenue of the financial institution for the particular period for the purposes of the Income Tax Act if the financial institution were a taxpayer under that Act and if every reference in that Act to a taxation year of the financial institution were read as a reference to the particular period. ( revenu brut )
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — (a)
particular period means (a) in applying this Part for the purpose of the description of C in subsection 225.2(2) of the Act (other than for the determination of the amount for C in that subsection for the purpose of subsection 228(2.2) of the Act) and for the purpose of the description of A 6 in subsection 225.2(2) of the Act, as adapted by subsection 48(1), a taxation year; (b) in applying this Part for the determination of the amount for C in subsection 225.2(2) of the Act for the purpose of subsection 228(2.2) of the Act, a reporting period; and (c) in applying this Part for the purpose of the description of D in subparagraph 237(5)(b)(ii) of the Act, a fiscal quarter. ( période donnée )
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — (a)
plan merger means the merger or combination of two or more trusts, corporations or partnerships, each of which was, immediately before the merger or combination, a distributed investment plan and each of which is referred to in this definition as a “predecessor”, to form one trust, corporation or partnership (referred to in this definition as the “continuing plan”) in such a manner that (a) the continuing plan is a predecessor and is, immediately after the merger or combination, a distributed investment plan; (b) for each predecessor other than the continuing plan, all or substantially all of the outstanding units of the predecessor are converted, by any means, into units of the continuing plan or are cancelled; and (c) the merger or combination is otherwise than as a result of the acquisition of property of a particular trust, corporation or partnership by another trust, corporation or partnership, pursuant to the purchase of that property by the other trust, corporation or partnership or as a result of the distribution of that property to the other trust, corporation or partnership on the winding-up of the particular trust, corporation or partnership. ( fusion de régimes )
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — (a)
specified investor in a particular distributed investment plan for a fiscal year of the particular investment plan that ends in a calendar year means a person (other than an individual or a distributed investment plan) that holds units of the particular investment plan as of September 30 of the calendar year and that meets the following criteria: (a) if the person is an investment plan, (i) the person holds units of the particular investment plan with a total value of less than $10,000,000 as of September 30 of the calendar year, (ii) on or before December 31 of the calendar year, the person has not notified the particular investment plan that the person is a qualifying investor (as defined in subsection 52(1)) in the particular investment plan for the calendar year, and (iii) the particular investment plan neither knows nor ought to know that the person is a qualifying investor (as defined in subsection 52(1)) in the particular investment plan for the calendar year; and (b) in any other case, as of September 30 of the calendar year, (i) if the particular investment plan is a stratified investment plan, for each series of the particular investment plan in which the person holds units, the person holds units of the series with a total value of less than $10,000,000, and (ii) if the particular investment plan is a non-stratified investment plan, the person holds units of the particular investment plan with a total value of less than $10,000,000. ( investisseur déterminé )
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — (a)
practice of the investment plan, (B) the person or member and the investment plan deal with each other at arm’s length, (C) the acquisition is made for consideration equal to or greater than the total value of the units at the time of the acquisition, (D) neither the investment plan nor the manager of the investment plan provide any guarantees or indemnities to the person or member with respect to gains or losses in the value of the units during the period beginning on the particular day the acquisition occurred and ending on the day that is 30 days after the particular day, and (E) any fees charged by the investment plan to the person or member in respect of the units are similar to fees charged by the investment plan to other persons holding units of the series. ( opération déterminée )
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations
total gross revenue of a selected listed financial institution for a particular period means the portion of the gross revenue of the financial institution for the particular period that is reasonably attributable to the permanent establishments of the financial institution in Canada. ( revenu brut total )
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 17
Rule of interpretation 17 Unless a contrary intention appears, words and expressions used in this Part have the same meanings as in Parts IV and XXVI of the Income Tax Regulations . SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 18
ay on which a revocation of the election becomes effective. Revocation (8) An investment plan that has made an election under subsection (1) or (2) may, in prescribed form containing prescribed information, revoke the election, effective on the first day of a fiscal year of the investment plan that begins at least three years after the election became effective. Restriction (9) If a particular election made under subsection (1) or (2) ceases to have effect on a particular day, any subsequent election under subsection (1) or (2) is not a valid election unless the first day of the fiscal year set out in the subsequent election is at least three years after the particular day. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 19
Basic rules 19 (1) For the purposes of these Regulations, the description of C in subsection 225.2(2) of the Act and the description of D in subparagraph 237(5)(b)(ii) of the Act, a financial institution’s percentage for any participating province and for a particular period is determined in accordance with this Part. Basic rules — real-time (2) For the purposes of these Regulations and the description of A 3 in subsection 225.2(2) of the Act, as adapted by subsection 48(1) or (2), a financial institution’s percentage for any participating province as of a particular day, or a financial institution’s percentage for any series and for any participating province as of a particular day, as the case may require, is determined in accordance with this Part. Basic rules — series (3) For the purposes of these Regulations and the description of A 6 in subsection 225.2(2) of the Act, as adapted by subsection 48(1), a financial institution’s percentage for any series, for any participating province and for a particular period is determined in accordance with this Part. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 20
Member of partnership 20 For the purposes of this Part, if a selected listed financial institution is a member of a partnership during a particular period, the following rules apply: (a) the financial institution’s gross revenue for the particular period is not to include any portion of the total gross revenue of the partnership; and (b) the salaries and wages paid in the particular period by the financial institution is not to include any portion of the salaries and wages paid to employees of the partnership. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 21
Central paymaster 21 (1) For the purposes of this Part, if an individual is employed by a person (referred to in this section as the “employer”) and performs a service in a particular province for the benefit of or on behalf of a person (referred to in this section as the “labour recipient”) that is not the employer, an amount that may reasonably be regarded as equal to the amount of salary or wages (referred to in this section as the “particular salary”) earned by the individual for the service is deemed to be salary paid by the labour recipient to an employee of the labour recipient in the particular period of the labour recipient in which the particular salary is paid if (a) at the time the service is performed, (i) the labour recipient and the employer do not deal at arm’s length, and (ii) the labour recipient has a permanent establishment in the particular province; (b) the service (i) is performed by the individual in the ordinary course of the individual’s employment by the employer, (ii) is performed for the benefit of or on behalf of the labour recipient in the ordinary course of a business carried on by the labour recipient, and (iii) is of a type that could reasonably be expected to be performed by employees of the labour recipient in the ordinary course of the business referred to in subparagraph (ii); and (c) the amount is not otherwise included in the aggregate, determined for the purposes of this Part, of the salaries and wages paid by the labour recipient. Deemed payments — permanent establishment (2) For the purposes of this Part, an amount deemed under subsection (1) to be salary paid by a labour recipient to an employee of the labour recipient for a service performed in a particular province is deemed to have been paid, (a) if the service was performed at one or more permanent establishments of the labour recipient in the particular province, to an employee of the permanent establishment or establishments; or (b) in any other case, to an employee of any other permanent establishment (as is reasonably determined in the circumstances) of the labour recipient in the particular province. Particular salaries paid not included (3) For the determination under this Part of the amount of salaries and wages paid in a particular period by an employer, the total of all amounts each of which is a particular salary paid by the employer in the particular period is to be deducted. Arm’s length transactions (4) Despite subparagraph (1)(a)(i), this section applies to a labour recipient and an employer that deal at arm’s length if the Minister determines that the labour recipient and the employer have entered into an arrangement the purpose of which is to reduce, through the provision of services as described in subsection (1), the net tax for a reporting period of the employer, the net tax for a reporting period of the labour recipient or an amount required to be paid to the Receiver General under section 237 of the Act. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 22
No permanent establishment in participating province 22 (1) Subject to this Part, if, in a particular period, a selected listed financial institution that is an individual does not have a permanent establishment in a participating province, the financial institution’s percentage for that province and for the particular period is nil. Determination of percentage (2) Subject to this Part, 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 that province and for the particular period is 1/2 of the total of (a) the percentage that its gross revenue for the particular period that is reasonably attributable to its permanent establishments in that province is of its total gross revenue 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 its permanent establishments in that province is of the total of all salaries and wages paid by the financial institution in the particular period to employees of its permanent establishments in Canada. Special rules for attribution of gross revenue (3) For the purposes of applying subsection (2) and the definition total gross revenue in subsection 16(1) 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 the gross revenue for the particular period, respectively. Fees (4) For the purpose of subsection (2), if a financial institution pays a fee to another person under an agreement under which that other person or employees of that other person perform services for the financial institution that would normally be performed by the financial institution’s employees, the fee is deemed to be salary paid by the financial institution and the 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. Commissions (5) For the purpose of subsection (4), a fee paid by a financial institution does not include a commission paid to a person that is not an employee of the financial institution. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 24
Definition of net premiums 24 (1) In this section, net premiums of a selected listed financial institution for a particular period means the total of the gross premiums received by the financial institution in the particular period (other than consideration received for annuities) minus the total for the particular period of (a) premiums paid by the financial institution for reinsurance, (b) dividends or rebates paid or credited by the financial institution to policy-holders, and (c) rebates or returned premiums paid by the financial institution in respect of the cancellation of policies. Determination of percentage (2) If a selected listed financial institution is an insurer, the financial institution’s percentage for a participating province and for a particular period in which it has a permanent establishment in that province is the amount, expressed as a percentage, determined by the formula A/B where A is the total of its net premiums for the particular period in respect of the insurance of risk in respect of property situated in the province and of its net premiums for the particular period in respect of the insurance of risk in respect of persons resident in that province, that are included in computing its income for the purposes of Part I of the Income Tax Act or that would be included in computing its income for the purposes of Part I of that Act if the financial institution were an insurance corporation; and B is the total of its net premiums for the particular period in respect of the insurance of risk in respect of property situated in Canada and of its net premiums for the particular period in respect of the insurance of risk in respect of persons resident in Canada, that are included in computing its income for the purposes of Part I of the Income Tax Act or that would be included in computing its income for the purposes of Part I of that Act if the financial institution were an insurance corporation. Exclusions from net premiums (3) For the purposes of subsections (1) and (2), no amounts that relate to an insurance policy issued by a selected listed financial institution are to be included in the determination of the net premiums of the financial institution to the extent that (a) if the policy is a life or accident and sickness insurance policy (other than a group policy), the policy is issued in respect of an individual who at the time the policy becomes effective, is a non-resident individual; (b) if the policy is a group life or accident and sickness insurance policy, the policy relates to non-resident individuals who are insured under the policy; (c) if the policy is a policy in respect of real property, the policy relates to real property situated outside Canada; and (d) if the policy is a policy of any other kind, the policy relates to risks that are ordinarily situated outside Canada. SOR/2013-71, s. 2 SOR/2019-59, s. 17(F)
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 25
Determination of percentage 25 (1) If a selected listed financial institution is a bank or a credit union, the financial institution’s percentage for a particular period and for a participating province in which the financial institution has a permanent establishment is 1/5 of the total of (a) the percentage that the total of all salaries and wages paid in the particular period by the financial institution to employees of its permanent establishments in that province is of the total of all salaries and wages paid in the particular period by the financial institution to employees of its permanent establishments in Canada, and (b) four times the percentage that the total amount of loans and deposits of its permanent establishments in that province for the particular period is of the total amount of all loans and deposits of its permanent establishments in Canada for the particular period. Amount of loans (2) For the purpose of subsection (1), the amount of loans for a particular period is the amount determined by the formula A/B where A is the total of the amounts outstanding on the loans made by the selected listed financial institution at the close of business on the last day of each calendar quarter that ends in the particular period; and B is the number of calendar quarters that end in the particular period. Amount of deposits (3) For the purpose of subsection (1), the amount of deposits for a particular period is the amount determined by the formula A/B where A is the total of the amounts on deposit with the selected listed financial institution at the close of business on the last day of each calendar quarter that ends in the particular period; and B is the number of calendar quarters that end in the particular period. Exclusion from loans and deposits (4) For the purposes of subsections (2) and (3), loans and deposits do not include (a) bonds, stocks, debentures, items in transit and deposits in favour of Her Majesty in right of Canada; and (b) any loan made to a non-resident person and any deposit held by a non-resident person, unless the loan or deposit is a debt or financial instrument included in any of paragraphs 1(a) to (e) of Part IX of Schedule VI to the Act. Exclusion from salaries and wages (5) For the purposes of subsection (1), salaries and wages paid by a financial institution do not include salary or wages paid to an employee of the financial institution to the extent that the salary or wages are reasonably attributable to the rendering by the employee of services, the supply of which are zero-rated supplies. SOR/2013-71, s. 2 SOR/2019-59, s. 19
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 26
Determination of percentage 26 (1) If a selected listed financial institution is a trust and loan corporation, a trust corporation or a loan corporation, the financial institution’s percentage for a particular period and for a participating province in which the financial institution has a permanent establishment is the percentage that the gross revenue for the particular period of its permanent establishments in the participating province is of the total gross revenue for the particular period of its permanent establishments in Canada. Determination of gross revenue (2) In subsection (1), gross revenue for the particular period of its permanent establishments in the participating province means, in relation to a financial institution, the total of the gross revenue of the financial institution for the particular period arising from (a) loans secured by land situated in the participating province; (b) loans, not secured by land, made to persons residing in the participating province; (c) loans, other than loans secured by land situated in a country other than Canada in which the financial institution has a permanent establishment, (i) made to persons residing in a country other than Canada in which the financial institution does not have a permanent establishment, and (ii) administered by a permanent establishment in the participating province; and (d) business conducted at its permanent establishments in the participating province, other than business that gives rise to revenue in respect of loans. SOR/2013-71, s. 2