Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 34
rson in respect 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 person is resident in Canada on the attribution point, or (ii) knows that the person is resident in Canada on the attribution point but does not know the province in which the person is resident on the attribution point, and D is the amount determined for A 2 , and A 4 is the total of all amounts, each of which is the total value of the units of the financial institution held, on the attribution point, by a person resident in Canada on the attribution point in respect of which the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, the province in which the person is resident on the attribution point, and B is the number of attribution points in respect of the financial institution for the particular period; and (c) in the case of any other participating province, nil. Attribution of unit holders to a participating province (2) For the purposes of subsection (1), if, for any attribution point in respect of an investment plan for a particular period in which a fiscal year of the investment plan ends, the total of all amounts — each of which is the total value of the particular units of the investment plan held on the attribution point by a person in respect of which the investment plan knows, on December 31 of the calendar year in which the fiscal year ends, whether or not the person is resident in Canada on the attribution point and, in the case of persons resident in Canada, the province in which the person is resident on the attribution point — is less than 50% of the total value of the units of the investment plan on the attribution point, the following rules apply: (a) the units of the investment plan, other than the particular units, are deemed to be held on the attribution point by a particular individual and not by any other person; (b) the particular individual is deemed to be resident on the attribution point in Canada and in the selected province referred to in subsection (1) for the particular period; and (c) the investment plan is deemed to know on December 31 of the calendar year that the particular individual is, on the attribution point, resident in Canada and in the selected province. Plan mergers (3) Despite subsection (1), if a plan merger occurs between two or more investment plans (each of which is referred to in this subsection as a “predecessor”) occurs on a particular day to form a particular non-stratified investment plan that is an exchange-traded fund and a selected listed financial institution, the following rules apply: (a) if no election under section 50 is in effect throughout the fiscal year of the particular investment plan (in this subsection referred to as the “transitional fiscal year”) that includes the particular day, the particular investment plan’s percentage for a participating province and for the particular period (in this subsection referred to as the “preceding period”) that precedes the particular period in which the transitional fiscal year ends is equal to the particular amount that is the total of all amounts, each of which is determined for a particular predecessor by the formula A × B/C where A is (i) if the particular predecessor is a stratified investment plan, the total of all amounts, each of which is determined by the following formula for a series of the particular predecessor (in this subparagraph referred to as a “predecessor series”), units of which were converted, by any means, into units of the particular series: A 1 × A 2 /A 3 where A 1 is (A) if an election under section 49 or 64 is in effect in respect of the predecessor series immediately before the plan merger, the particular predecessor’s percentage for the predecessor series and for the participating province as of the last day on which that percentage is required to be determined for the purposes of subsection 22