Excise Tax Act — E-15 172.1
nder subsection (7) or (7.1) of an employer resource of the participating employer that the participating employer consumed or used in the course of pension activities in respect of the pension plan. ( fourniture déterminée ) Excluded resource (2) For the purposes of this section, property or a service that is supplied to a particular person that is a participating employer of a pension plan by another person is an excluded resource of the particular person in respect of the pension plan if (a) for each pension entity and master pension entity of the pension plan, no tax would become payable under this Part in respect of the supply if (i) the supply were made by the other person to the pension entity or to the master pension entity, as the case may be, and not to the particular person, and (ii) the pension entity or the master pension entity, as the case may be, and the other person were dealing at arm’s length; and (b) where the supply is a supply of tangible personal property made outside Canada, the supply would not be an imported taxable supply (as defined in section 217) if the particular person were a registrant not engaged exclusively in commercial activities. Time of acquisition (3) For the purposes of this section, if, at a particular time, a supply of property described in paragraph 142(2)(a) or (b) is made to a person who is a participating employer of a pension plan and, at a later time, tax under section 212 becomes payable by the person in respect of the property (a) the supply is deemed to have been made to the person at the later time and not at the particular time; and (b) tax is deemed to have been payable in respect of the supply at the later time. Specified pension entity (4) For the purposes of this section, if a person is a participating employer of a pension plan and the pension plan has, (a) at all times in a fiscal year of the person, no more than one pension entity, that pension entity is the specified pension entity of the pension plan in respect of the person for the fiscal year; and (b) in the fiscal year, two or more pension entities, the person and one of those pension entities may jointly elect, in prescribed form containing prescribed information, for that pension entity to be the specified pension entity of the pension plan in respect of the person for the fiscal year. Acquisition for supply to pension entity (5) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person and is not a selected qualifying employer of the pension plan at that time, if the person acquires at that time a specified resource for the purpose of making a supply of all or part of the specified resource to a pension entity of the pension plan for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan and if the specified resource is not an excluded resource of the person in respect of the pension plan, the following rules apply: (a) for the purposes of this Part, the person is deemed to have made a taxable supply of the specified resource or part on the last day of the particular fiscal year; (b) for the purposes of this Part, tax in respect of the taxable supply is deemed to have become payable on the last day of the particular fiscal year and the person is deemed to have collected that tax on that day; (c) for the purposes of this Part, the tax referred to in paragraph (b) is deemed to be equal to the amount determined by the formula A + B where A is the amount determined by the formula C × D where C is the fair market value of the specified resource or part at the time it was acquired by the person, and D is the rate set out in subsection 165(1), and B is the total of all amounts, each of which is determined for a participating province by the following formula E × F where E is the fair market value of the specified resource or part at the time it was acquired by the person, and F is