GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Global Minimum Tax Act — G-3.3 90
Appeal to Tax Court of Canada 90 (1) Subject to subsection (2), a person that has filed a notice of objection to an assessment may appeal to the Tax Court of Canada to have the assessment varied or vacated, or a reassessment made, after either (a) the Minister has confirmed the assessment or has made a reassessment, or (b) 180 days have elapsed after the day on which the notice of objection was filed and the Minister has not notified the person that the Minister has vacated or confirmed the assessment or has made a reassessment. No appeal (2) A person is not permitted to institute an appeal under subsection (1) later than 90 days after the day on which the notice that the Minister has confirmed the assessment or made a reassessment is sent to the person under subsection 87 (10). Amendment of appeal (3) The Tax Court of Canada may, on any terms that it sees fit, authorize a person that has instituted an appeal in respect of a matter to amend the appeal to include any further assessment in respect of the matter that the person is entitled under this section to appeal.
Global Minimum Tax Act — G-3.3 91
Extension of time to appeal 91 (1) If no appeal to the Tax Court of Canada under section 90 has been instituted within the time limited by that section for doing so, a person may make an application to the Tax Court of Canada for an order extending the time within which an appeal may be instituted, and the Court may make an order extending the time for appealing and may impose any terms that it considers just. Contents of application (2) An application made under subsection (1) must set out the reasons why the appeal was not instituted within the time limited by section 90 for doing so. How application made (3) An application under subsection (1) must be made by filing in the Registry of the Tax Court of Canada, in accordance with the Tax Court of Canada Act , the application and the notice of appeal. Copy to Deputy Attorney General of Canada (4) The Tax Court of Canada must send a copy of any application made under subsection (1) to the office of the Deputy Attorney General of Canada. Conditions for order to be made (5) An order may be made under this section only if (a) the application under subsection (1) is made within one year after the expiry of the time limited by section 90 for appealing; and (b) the person demonstrates that (i) within the time limited by section 90 for appealing, the person (A) was unable to act or to give a mandate to act in the person’s name, or (B) had a bona fide intention to appeal, (ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application, (iii) the application was made as soon as circumstances permitted, and (iv) there are reasonable grounds for the appeal.
Global Minimum Tax Act — G-3.3 92
Limitation on appeals 92 (1) Despite section 90 , if a person has filed a notice of objection to an assessment, the person may appeal to the Tax Court of Canada to have the assessment vacated, or a reassessment made, only with respect to (a) an issue in respect of which the person has complied with subsection 87 (2) in the notice and the relief sought in respect of the issue as specified in the notice; or (b) an issue referred to in subsection 87 (5), if the person was not required to file a notice of objection to the assessment that gave rise to the issue. No appeal if waiver (2) Despite section 90 , a person is not permitted to appeal to the Tax Court of Canada to have an assessment vacated or varied in respect of an issue for which the person has waived the right of objection or appeal.
Global Minimum Tax Act — G-3.3 93
Institution of appeals 93 An appeal to the Tax Court of Canada under this Act must be instituted in accordance with the Tax Court of Canada Act .
Global Minimum Tax Act — G-3.3 94
Disposition of appeal 94 (1) The Tax Court of Canada may dispose of an appeal from an assessment by (a) dismissing it; or (b) allowing it and (i) vacating the assessment, (ii) varying the assessment, or (iii) referring the assessment back to the Minister for reconsideration and reassessment. Partial disposition of appeal (2) If an appeal raises more than one issue, the Tax Court of Canada may, with the written consent of the parties to the appeal, dispose of a particular issue by (a) dismissing the appeal with respect to the particular issue; or (b) allowing the appeal with respect to the particular issue and (i) varying the assessment, or (ii) referring the assessment back to the Minister for reconsideration and reassessment. Disposal of remaining issues (3) If a particular issue has been disposed of under subsection (2), the appeal with respect to the remaining issues may continue. Appeal to Federal Court of Appeal (4) If the Tax Court of Canada has disposed of a particular issue under subsection (2), the parties to the appeal may, in accordance with the provisions of the Tax Court of Canada Act or the Federal Courts Act , as they relate to appeals from decisions of the Tax Court of Canada, appeal the disposition to the Federal Court of Appeal as if it were a final judgment of the Tax Court of Canada.
Global Minimum Tax Act — G-3.3 95
References to Tax Court of Canada 95 (1) The Minister and a person may agree that a question arising under this Act, in respect of any assessment or proposed assessment of the person, should be determined by the Tax Court of Canada. Time during consideration not to count (2) For the purposes of making an assessment, filing a notice of objection to an assessment or instituting an appeal from an assessment, the period beginning on the day on which proceedings are instituted in the Tax Court of Canada to have a question determined under subsection (1) and ending on the day on which the question is finally determined is not to be counted in the computation of (a) the seven-year period referred to in subsection 85 (1); (b) the period within which a notice of objection to an assessment may be filed under section 87 ; and (c) the period within which an appeal may be instituted under section 90 .
Global Minimum Tax Act — G-3.3 97
Payment by Minister on appeal 97 (1) If the Tax Court of Canada, the Federal Court of Appeal or the Supreme Court of Canada has, on the disposition of an appeal in respect of taxes, interest or a penalty payable under this Act by a person, referred an assessment back to the Minister for reconsideration and reassessment, or varied or vacated an assessment, the Minister must, without delay, whether or not an appeal from the decision of the Court has been or may be instituted, (a) if the assessment has been referred back to the Minister, reconsider the assessment and make a reassessment in accordance with the decision of the Court unless otherwise directed in writing by the person; and (b) refund any overpayment resulting from the variation, vacation or reassessment. The Minister may repay any tax, interest or penalties or surrender any security accepted by the Minister for tax, interest or penalties to that person or any other person that has filed another objection or instituted another appeal if, having regard to the reasons given on the disposition of the appeal, the Minister is satisfied that it would be just and equitable to do so, but for greater certainty, the Minister may, in accordance with the provisions of this Act, the Tax Court of Canada Act , the Federal Courts Act or the Supreme Court Act as they relate to appeals from decisions of the Tax Court of Canada or the Federal Court of Appeal, appeal from the decision of the Court despite any variation or vacation of any assessment by the Court or any reassessment made by the Minister under paragraph (a). Interest on refund (2) If a refund is made under subsection (1) in respect of an assessment for a particular fiscal year, interest at the rate prescribed under section 4301 of the Income Tax Regulations , with any modifications that the circumstances require, must be paid for the period beginning on the day that is the later of 30 days following the GIR due date for the fiscal year and the day on which the overpayment referred to in that subsection was paid and ending on the day on which the refund is paid.
Global Minimum Tax Act — G-3.3 98
Failure to file GIR 98 (1) If one or more constituent entities of a qualifying MNE group that are located in Canada are required, under subsection 60 (1) or subparagraph 60 (3)(b)(i), to file with the Minister a GIR, in respect of the MNE group for a fiscal year and any of them fails to file a complete or substantially complete GIR — or, if the GIR is intended to be filed by a qualifying foreign filing entity instead of the one or more of the constituent entities, and no constituent entity that is located in Canada notifies the Minister under subsection 60 (4) or subparagraph 60 (5)(b)(i) — on or before the GIR due date for the fiscal year, each constituent entity that is located in Canada is jointly and severally, or solidarily, liable to a penalty equal to the amount determined by the formula A × B where A is $25,000; and B is the number of complete months, not exceeding 40, within the period beginning on the GIR due date and ending on the day on which the GIR is filed or notification is made. Failure to file GIR after notification (2) If one or more constituent entities of a qualifying MNE group that are located in Canada are required, under subsection 60 (2), to file with the Minister a GIR in respect of the MNE group for a fiscal year and any of them fails to file a complete or substantially complete GIR, within 30 days of the notification described in paragraph 60 (2)(b), each constituent entity that is located in Canada is jointly and severally, or solidarily, liable to a penalty equal to the amount determined by the formula A × B where A is $25,000; and B is the number of complete months, not exceeding 40, within the period beginning on the day that is 30 days after the Minister notifies the constituent entities of the MNE group that are located in Canada, or the designated notification entity, of the requirement to file a GIR, and ending on the day on which the GIR is filed. GIR transitional penalty relief (3) Subsections (1) and (2) do not apply to a constituent entity of a qualifying MNE group that is required to file a GIR, in respect of the MNE group for a fiscal year, with the Minister under subsection 60 (1) or (2) or subparagraph 60 (3)(b)(i), or notify the Minister under subsection 60 (4) or subparagraph 60 (5)(b)(i), if (a) the fiscal year begins before January 1, 2027 and ends before July 1, 2028; and (b) in the opinion of the Minister, the entity used reasonable measures to ensure the correct application of the provisions of this Act.
Global Minimum Tax Act — G-3.3 99
Failure to file return under section 61 99 (1) A person that fails to file a return for a fiscal year as and when required under section 61 is liable to a penalty equal to the total of (a) an amount equal to 5% of the tax payable by the person under this Act in respect of the fiscal year that was unpaid on the day on which the return was required to be filed; and (b) the amount obtained when 1% of that unpaid tax is multiplied by the number of complete months, not exceeding 12, beginning on the day on which the return was required to be filed and ending on the day on which the return is filed. Repeated failure to file — conditions (2) Subsection (3) applies to a person in respect of a fiscal year if the person (a) fails to file a return for the year as and when required by section 61 ; (b) fails to comply with a demand sent under section 62 for a return for the year; and (c) was, before the day on which the return referred to in paragraph (a) was required to be filed, liable to a penalty under subsection (1) in respect of a return for any of the three preceding fiscal years. Repeated failure to file — penalty (3) If this subsection applies to a person in respect of a fiscal year because of subsection (2), the person is liable to a penalty equal to the total of (a) an amount equal to 10% of the tax payable by the person under this Act, in respect of the fiscal year that was unpaid on the day on which the return was required to be filed; and (b) the amount obtained when 2% of that unpaid tax is multiplied by the number of complete months, not exceeding 20, beginning on the day on which the return was required to be filed and ending on the day on which the return is filed. False statements or omissions (4) A person that knowingly, or under circumstances amounting to gross negligence, makes or participates in, assents to or acquiesces in the making of a false statement or omission in a return, application, form, certificate, statement, document, invoice, record or answer (each of which is referred to in this subsection as a “return”) is liable to a penalty equal to the greater of $5,000 and 25% of the total of (a) if the false statement or omission is relevant to the determination of an amount payable under this Act by the person, the amount, if any, by which (i) the amount that is payable exceeds (ii) the amount that would be payable if it were determined on the basis of the information provided in the return; and (b) if the false statement or omission is relevant to the determination of a refund or any other payment that may be obtained under this Act, the amount, if any, by which (i) the amount that would be the refund or other payment that would be payable if it were determined on the basis of the information provided in the return exceeds (ii) the amount of the refund or other payment that is payable to the person.
Global Minimum Tax Act — G-3.3 100
Failure to provide information 100 A person that fails to provide any information or record as and when required under this Act, or as prescribed by regulation, is liable to a penalty of $2,500 for each such failure, in addition to any other penalty imposed under this Act. However, the person is not liable in the case of any information or record required in respect of another person under subsection 81 (1) or section 119 if a reasonable effort was made by the person to obtain the information or record.
Global Minimum Tax Act — G-3.3 101
Unreasonable appeal 101 If the Tax Court of Canada disposes of an appeal by a person in respect of an amount payable under this Act or if such an appeal has been discontinued or dismissed without trial, the Court may, on the application of the Minister and whether or not the Court awards costs, order the person to pay to the Receiver General for Canada an amount not exceeding 10% of any part of the amount that was in controversy in respect of which the Court determines that there were no reasonable grounds for the appeal, if in the opinion of the Court one of the main purposes for instituting or maintaining any part of the appeal was to defer the payment of any amount payable under this Act.
Global Minimum Tax Act — G-3.3 102
Definitions 102 (1) The following definitions apply in this section. planning activity includes (a) organizing or creating, or assisting in the organization or creation of, an arrangement, entity, plan or scheme; and (b) participating, directly or indirectly, in the selling of an interest in, or the promotion of, an arrangement, entity, plan, property or scheme. ( activité de planification ) section 67 avoidance planning by a transferor or a transferee, means planning activity in respect of a transaction or series of transactions (a) that is, or is part of, a section 67 avoidance transaction; and (b) for which one of the purposes of the transaction or series of transactions is to reduce (i) a transferee’s joint and several, or solidary, liability for tax owing under this Act by the transferor, or (ii) the transferor’s or transferee’s ability to pay any amount that is or that may become owing under this Act. ( planification d’évitement en vertu de l’article 67 ) section 67 avoidance transaction means a transaction or series of transactions in respect of which (a) the conditions set out in paragraph 67 (7)(a) or (b) are met; or (b) if subsection 67 (7) applies to the transaction or series of transactions, the amount determined under subparagraph 67 (7)(c)(ii) would exceed the amount determined under subparagraph 67 (7)(c)(i). ( opération d’évitement en vertu de l’article 67 ) transferee has the meaning assigned by subsections 67 (2) and (7). ( bénéficiaire du transfert ) transferor has the meaning assigned by subsections 67 (2) and (7). ( auteur du transfert ) Section 67 avoidance penalty (2) Every transferor or transferee that engages in, participates in, assents to or acquiesces in planning activity that the transferor or transferee, as the case may be, knows is section 67 avoidance planning, or would reasonably be expected to know is section 67 avoidance planning, but for circumstances amounting to gross negligence, is liable to a penalty that is the lesser of (a) 50% of the amount payable under this Act (determined without reference to this subsection), the joint and several, or solidary, liability for which was sought to be avoided through the section 67 avoidance planning, and (b) $100,000.
Global Minimum Tax Act — G-3.3 (a)
planning activity includes (a) organizing or creating, or assisting in the organization or creation of, an arrangement, entity, plan or scheme; and (b) participating, directly or indirectly, in the selling of an interest in, or the promotion of, an arrangement, entity, plan, property or scheme. ( activité de planification )
Global Minimum Tax Act — G-3.3 (a)
section 67 avoidance planning by a transferor or a transferee, means planning activity in respect of a transaction or series of transactions (a) that is, or is part of, a section 67 avoidance transaction; and (b) for which one of the purposes of the transaction or series of transactions is to reduce (i) a transferee’s joint and several, or solidary, liability for tax owing under this Act by the transferor, or (ii) the transferor’s or transferee’s ability to pay any amount that is or that may become owing under this Act. ( planification d’évitement en vertu de l’article 67 )
Global Minimum Tax Act — G-3.3 (a)
section 67 avoidance transaction means a transaction or series of transactions in respect of which (a) the conditions set out in paragraph 67 (7)(a) or (b) are met; or (b) if subsection 67 (7) applies to the transaction or series of transactions, the amount determined under subparagraph 67 (7)(c)(ii) would exceed the amount determined under subparagraph 67 (7)(c)(i). ( opération d’évitement en vertu de l’article 67 )
Global Minimum Tax Act — G-3.3
transferee has the meaning assigned by subsections 67 (2) and (7). ( bénéficiaire du transfert )
Global Minimum Tax Act — G-3.3
transferor has the meaning assigned by subsections 67 (2) and (7). ( auteur du transfert )
Global Minimum Tax Act — G-3.3 103
General penalty 103 A person that fails to comply with any provision of this Act, or the regulations made under this Act, for which no other penalty is specified in this Act is liable to a penalty of $2,500.
Global Minimum Tax Act — G-3.3 104
Payment of penalties 104 A person that is required to pay a penalty under this Act must pay it, (a) in the case of a penalty payable under section 98 or 99 , on the day on which they are required to file the return or notify the Minister; and (b) in any other case, on the day on which the original notice of assessment of the penalty is sent.
Global Minimum Tax Act — G-3.3 105
Waiving or cancelling penalties 105 (1) The Minister may, on or before the day that is 10 calendar years after the end of a fiscal year in which a penalty became payable under this Act by a person, or on application by the person on or before that day, waive or cancel all or any portion of that penalty, and may despite subsection 85 (1), make any assessment of the penalty payable by the person that is necessary to take into account the waiver or cancellation of the penalty. Refund of amount waived or cancelled (2) If a person has paid a penalty and the Minister waives or cancels any portion of that penalty under subsection (1), the Minister must refund the portion of the penalty and pay interest on it at the rate prescribed under section 4301 of the Income Tax Regulations , with any modifications that the circumstances require, beginning on the day that is 30 days after the day on which the Minister received an application in a manner satisfactory to the Minister to apply subsection (1) (or, if there is no such application, on the day on which the Minister waives or cancels the portion of the penalty) and ending on the day on which the portion of the penalty is paid as a refund or applied against another amount owed by the person to His Majesty in right of Canada.
Global Minimum Tax Act — G-3.3 106
Failure to file or comply 106 (1) A person that fails to file a return as and when required under this Act or that fails to comply with an obligation under subsection 80 (6) or (8) or section 81 , or an order made under section 112 , is guilty of an offence and, in addition to any penalty otherwise provided for under this Act, is liable on summary conviction to a fine of not less than $2,000 and not more than $40,000 or to imprisonment for a term not exceeding 12 months, or to both. Saving (2) A person that is convicted of an offence under subsection (1) for a failure to comply with a provision of this Act is not liable to a penalty imposed under this Act for the same failure, unless a notice of assessment for the penalty was issued before the information or complaint giving rise to the conviction was laid or made.