Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 37
Percentage — employee benefit plans 37 (1) If a selected listed financial institution is a private investment plan that is an employee life and health trust or a trust governed by an employee benefit plan, an employee trust or a registered supplementary unemployment benefit plan in a particular period in which a fiscal year of the financial institution ends, the financial institution’s percentage for a participating province and for the particular period is (a) in the case of any one participating province (in this section referred to as the “selected province”) having the highest tax rate on the first day of the fiscal year, the percentage determined by the formula A/B where A is the total of all amounts, each of which is determined for an attribution point in respect of the financial institution for the particular period by the formula (A 1 /A 2 ) + [A 3 × (A 1 /A 4 )] + [(1 – A 3 ) – (A 4 /A 2 )] where A 1 is the total number of plan members of the investment plan that the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, are resident in the selected province on the attribution point, A 2 is the total number of plan members of the investment plan other than plan members of the investment plan that the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, are not resident in Canada on the attribution point, A 3 is the lesser of 0.1 and the amount determined by the formula C/D where C is the total number of plan members of the investment plan in respect of each of which the financial institution, on December 31 of the calendar year in which the fiscal year ends, (i) does not know whether or not the plan member is resident in Canada on the attribution point, or (ii) knows that the plan member is resident in Canada on the attribution point but does not know the province in which the plan member is resident on the attribution point, and D is the amount determined for A 2 , and A 4 is the total number of plan members of the investment plan resident in Canada on the attribution point in respect of each of which the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, the province in which the plan member is resident on the attribution point, and B is the number of attribution points in respect of the financial institution for the particular period; (b) in the case of a participating province (other than the selected province) in which the financial institution has a permanent establishment in the particular period, the percentage determined by the formula A/B where A is the total of all amounts, each of which is determined for an attribution point in respect of the financial institution for the particular period by the formula (A 1 /A 2 ) + [A 3 × (A 1 /A 4 )] where A 1 is the total number of plan members of the investment plan that the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, are resident in the participating province on the attribution point, A 2 is the total number of plan members of the investment plan other than plan members of the investment plan that the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, are not resident in Canada on the attribution point, A 3 is the lesser of 0.1 and the amount determined by the formula C/D where C is the total number of plan members of the investment plan in respect of each of which the financial institution, on December 31 of the calendar year in which the fiscal year ends, (i) does not know whether or not the plan member is resident in Canada on the attribution point, or (ii) knows that the plan member is resident in Canada on the attribution point but does not know the province in which the plan member is resident on the attribution point, and D is the amount determined for A 2 , and A 4 is the total number of plan members of the investment plan resident in C