GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Select Luxury Items Tax Act — S-8.35 59
Information return 59 (1) A person (other than a prescribed person) must file with the Minister an information return for a reporting period of the person if (a) the person is required under section 55 to file a return for the reporting period; (b) the person sells a subject item to a purchaser, the sale is completed during the reporting period, the taxable amount of the subject item determined under section 18 in respect of the sale exceeds the price threshold in respect of the subject item and (i) an exemption certificate applies in respect of the sale in accordance with section 36 , (ii) tax under section 18 in respect of the sale of the subject item is payable by the purchaser, or (iii) tax under section 18 is not payable by the person because of the application of subsection 19 (3); (c) the person imports a subject item, the subject item is accounted for in accordance with section 32 of the Customs Act at any time during the reporting period, the taxable amount of the subject item determined under section 20 in respect of the importation exceeds the price threshold in respect of the subject item and tax is not payable by the person under section 20 because of the application of subsection 21 (3); or (d) prescribed circumstances exist. Information return — form and content (2) An information return in respect of a reporting period of a person that is required to be filed under this section must (a) be made in prescribed form containing prescribed information; (b) be filed with the Minister in prescribed manner on or before the last day of the first month after the end of the reporting period of the person; (c) specify the identification number of each subject item that is sold by the person and in respect of which the following conditions are met: (i) the sale of the subject item is completed during the reporting period, (ii) the taxable amount of the subject item determined under section 18 in respect of the sale exceeds the price threshold in respect of the subject item, and (iii) it is the case that (A) an exemption certificate applies in respect of the sale in accordance with section 36 , (B) tax under section 18 in respect of the sale of the subject item is payable by the purchaser, or (C) tax under section 18 is not payable by the person because of the application of subsection 19 (3); and (d) specify the identification number of each subject item that is imported by the person and in respect of which the following conditions are met: (i) the subject item is accounted for in accordance with section 32 of the Customs Act at any time during the reporting period, (ii) the taxable amount of the subject item determined under section 20 in respect of the importation exceeds the price threshold in respect of the subject item, and (iii) tax is not payable by the person under section 20 because of the application of subsection 21 (3). Information return — regulations (3) If prescribed circumstances exist, an information return for a reporting period must be filed in accordance with prescribed rules.
Select Luxury Items Tax Act — S-8.35
bankrupt has the same meaning as in section 2 of the Bankruptcy and Insolvency Act . ( failli )
Select Luxury Items Tax Act — S-8.35
business includes a part of a business. ( entreprise )
Select Luxury Items Tax Act — S-8.35 (a)
receiver means a person that (a) under the authority of a debenture, bond or other debt security, of a court order or of an Act of Parliament or of the legislature of a province, is empowered to operate or manage a business or a property of another person; (b) is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or a property of the debtor under the debt security; (c) is appointed by a bank or an authorized foreign bank , as those terms are defined in section 2 of the Bank Act , to act as an agent or mandatary of the bank in the exercise of the authority of the bank under subsection 426(3) of that Act in respect of property of another person; (d) is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation; or (e) is appointed as a committee, guardian, curator, tutor or mandatary in case of incapacity with the authority to manage and care for the affairs and assets of an individual who is incapable of managing those affairs and assets. It includes a person that is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person, but, if a person is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person, it does not include that creditor. ( séquestre )
Select Luxury Items Tax Act — S-8.35 (a)
relevant assets of a receiver means (a) if the receiver’s authority relates to all the properties, businesses, affairs and assets of a person, all those properties, businesses, affairs and assets; and (b) if the receiver’s authority relates to only part of the properties, businesses, affairs or assets of a person, that part of the properties, businesses, affairs or assets. ( actif pertinent )
Select Luxury Items Tax Act — S-8.35
representative means a person, other than a trustee in bankruptcy or a receiver, that is administering, winding up, controlling or otherwise dealing with any property, business, estate or succession of another person. ( représentant )
Select Luxury Items Tax Act — S-8.35 61
Estate or succession of deceased individual 61 (1) Subject to subsections 60 (4) and (5) and sections 62 and 63 , if an individual dies, this Act (other than section 75 ) applies as though the estate or succession of the individual were the individual and the individual had not died, except that (a) the reporting period of the individual during which the individual died ends on the day the individual died; and (b) a reporting period of the estate or succession begins on the day after the individual died and ends on the day the reporting period of the individual would have ended if the individual had not died. Extension (2) Despite any other provision of this Act, if the return for the reporting period referred to in paragraph (1)(a) would, in the absence of this subsection, have been required to be filed earlier than the particular day that is the last day of the third month after the month in which the individual died, that return is required to be filed not later than the particular day and any amount payable under this Act in respect of that reporting period is payable to the Receiver General on the particular day.
Select Luxury Items Tax Act — S-8.35 62
Definitions 62 (1) The following definitions apply in this section and in section 63 . trust includes the estate or succession of a deceased individual. ( fiducie ) trustee includes the personal representative of a deceased individual, but does not include a receiver as defined in subsection 60 (1). ( fiduciaire ) Trustee’s liability (2) Subject to subsection (3), each trustee of a trust is liable to satisfy every obligation imposed on the trust under this Act, whether the obligation was imposed during or before the period during which the trustee acts as trustee of the trust, but the satisfaction of an obligation of a trust by one of the trustees of the trust discharges the liability of all other trustees of the trust to satisfy that obligation. Joint and several or solidary liability (3) A trustee of a trust is jointly and severally, or solidarily, liable with the trust and each of the other trustees, if any, for the payment of all amounts that are required to be paid by the trust under this Act before or during the period during which the trustee acts as trustee of the trust except that (a) the trustee is liable for the payment of amounts that are required to be paid by the trust under this Act before the period only to the extent of the property of the trust under the control of the trustee; and (b) the payment by the trust or the trustee of an amount in respect of the liability discharges their liability to the extent of that amount. Waiver (4) The Minister may, in writing, waive the requirement for the personal representative of a deceased individual to file a return for a reporting period of the individual ending on or before the day the individual died. Activities of trustee (5) For the purposes of this Act, if a person acts as trustee of a trust, anything done by the person in the person’s capacity as trustee of the trust is deemed to have been done by the trust and not by the person.
Select Luxury Items Tax Act — S-8.35
trust includes the estate or succession of a deceased individual. ( fiducie )
Select Luxury Items Tax Act — S-8.35
trustee includes the personal representative of a deceased individual, but does not include a receiver as defined in subsection 60 (1). ( fiduciaire )
Select Luxury Items Tax Act — S-8.35 63
Distribution by trust 63 For the purposes of this Act, if a trustee of a trust distributes, at a particular time, property of the trust to one or more persons, the distribution of the property is deemed to be a transfer of ownership of the property by the trust to the persons at the particular time and the property is deemed to be delivered to the persons the location at which the property is located at the particular time.
Select Luxury Items Tax Act — S-8.35 64
Amalgamations 64 (1) If two or more corporations (each of which is referred to in this section as a “predecessor”) are merged or amalgamated to form one corporation (in this section referred to as the “new corporation”), otherwise than as the result of the acquisition of property of one corporation by another corporation pursuant to the purchase of the property by the other corporation or as the result of the distribution of the property to the other corporation on the winding-up of the corporation, except for prescribed purposes, the new corporation is, for the purposes of this Act, deemed to be the same corporation as, and a continuation of, each predecessor. Reporting period (2) If subsection (1) applies in respect of predecessors that are merged or amalgamated at a particular time (a) the reporting period of each predecessor that includes the particular time ends on the day that includes the particular time; and (b) a reporting period of the new corporation begins on the day following the day that includes the particular time and ends on the last day of the reporting period of the new corporation, if that reporting period were determined in the absence of this subsection, that includes the particular time.
Select Luxury Items Tax Act — S-8.35 65
Winding-up 65 (1) If at a particular time a particular corporation is wound up and not less than 90% of the issued shares of each class of the capital stock of the particular corporation were, immediately before the particular time, owned by another corporation, except for prescribed purposes, the other corporation is, for the purposes of this Act, deemed to be the same corporation as, and a continuation of, the particular corporation. Reporting period (2) If the other corporation referred to in subsection (1) is deemed to be the same corporation as, and a continuation of, the particular corporation referred to in that subsection (a) the reporting period of the particular corporation that includes the particular time referred to in that subsection ends on the day that includes the particular time; and (b) a reporting period of the other corporation begins on the day following the day that includes the particular time and ends on the last day of the reporting period of the other corporation, if that reporting period were determined in the absence of this subsection, that includes the particular time.
Select Luxury Items Tax Act — S-8.35 66
Partnerships 66 (1) For the purposes of this Act, anything done by a person as a member of a partnership is deemed to have been done by the partnership in the course of the partnership’s activities and not to have been done by the person. Joint and several or solidary liability (2) A partnership and each member or former member (each of which is referred to in this subsection as the “member”) of the partnership (other than a member that is a limited partner and is not a general partner) are jointly and severally, or solidarily, liable for (a) the payment of all amounts that are required to be paid by the partnership under this Act before or during the period during which the member is a member of the partnership or, if the member was a member of the partnership at the time the partnership was dissolved, after the dissolution of the partnership, except that (i) the member is liable for the payment of amounts that become payable before the period only to the extent of the property that is regarded as property of the partnership under the relevant laws of general application in force in a province relating to partnerships, and (ii) the payment by the partnership or by any member of the partnership of an amount in respect of the liability discharges their liability to the extent of that amount; and (b) all other obligations under this Act that arose before or during that period for which the partnership is liable or, if the member was a member of the partnership at the time the partnership was dissolved, the obligations that arose upon or as a consequence of the dissolution.
Select Luxury Items Tax Act — S-8.35 67
Joint ventures 67 (1) For the purposes of this Act, anything done by a participant in a joint venture, or by an operator of the joint venture, in the course of the activities for which the joint venture agreement was entered into are deemed to have been done by the joint venture in the course of the joint venture’s activities and not to have been done by the participant or operator. Joint and several or solidary liability (2) A joint venture and each participant in, or operator of, the joint venture (each of which is referred to in this subsection as the “member”) are jointly and severally, or solidarily, liable for (a) the payment of all amounts that become payable by the joint venture under this Act before or during the period during which the member is a participant in, or operator of, the joint venture, except that the payment by the joint venture or by any member of an amount in respect of the liability discharges their liability to the extent of that amount; and (b) all other obligations under this Act that arose before or during that period for which the joint venture is liable.
Select Luxury Items Tax Act — S-8.35 68
Definitions 68 (1) The following definitions apply in this section. tax benefit means a reduction, an avoidance or a deferral of an amount of tax or other amount payable by a person under this Act or an increase in a rebate or other amount payable to a person under this Act. ( avantage fiscal ) tax-related consequences to a person means the amount of tax, net tax, rebate or other amount payable by, or payable to, the person under this Act, or any other amount that is relevant for the purposes of computing that amount. ( attribut fiscal ) transaction includes an arrangement or event. ( opération ) General anti-avoidance provision (2) If a transaction is an avoidance transaction, the tax-related consequences to a person must be determined as is reasonable in the circumstances in order to deny a tax benefit that, in the absence of this section, would result directly or indirectly from that transaction or from a series of transactions that includes that transaction. Avoidance transaction (3) An avoidance transaction means any transaction (a) that, in the absence of this section, would result directly or indirectly in a tax benefit, unless the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the tax benefit; or (b) that is part of a series of transactions, which series, in the absence of this section, would result directly or indirectly in a benefit, unless the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the tax benefit. Provision not applicable (4) For greater certainty, subsection (2) does not apply in respect of a transaction if it may reasonably be considered that the transaction would not result directly or indirectly in a misuse of the provisions of this Act or in an abuse having regard to the provisions of this Act (other than this section) read as a whole. Determination of tax-related consequences (5) Without restricting the generality of subsection (2), in determining the tax-related consequences to a person, as is reasonable in the circumstances, in order to deny a tax benefit that would, in the absence of this section, result directly or indirectly from an avoidance transaction (a) any rebate or any deduction in net tax may be allowed or disallowed, in whole or in part; (b) any rebate or deduction referred to in paragraph (a) may, in whole or in part, be allocated to any person; (c) the nature of any payment or other amount may be recharacterized; and (d) the effects that would otherwise result from the application of other provisions of this Act may be ignored. Exception (6) Despite any other provision of this Act, the tax-related consequences to any person following the application of this section must only be determined through an assessment, reassessment or additional assessment involving the application of this section.
Select Luxury Items Tax Act — S-8.35
tax benefit means a reduction, an avoidance or a deferral of an amount of tax or other amount payable by a person under this Act or an increase in a rebate or other amount payable to a person under this Act. ( avantage fiscal )
Select Luxury Items Tax Act — S-8.35
tax-related consequences to a person means the amount of tax, net tax, rebate or other amount payable by, or payable to, the person under this Act, or any other amount that is relevant for the purposes of computing that amount. ( attribut fiscal )
Select Luxury Items Tax Act — S-8.35
transaction includes an arrangement or event. ( opération )
Select Luxury Items Tax Act — S-8.35 69
Definitions 69 (1) The following definitions apply in this section. parameter change means a change in any of the following: (a) a formula, or an element of a formula, in a provision of this Act; (b) a price threshold in respect of a subject item; (c) a manner for determining the taxable amount of a subject item or the amount of tax payable in respect of a subject item; (d) an activity described in subsection 11 (3) or (4); or (e) words or expressions defined in a provision of this Act. ( modification de paramètre ) tax benefit has the meaning assigned by subsection 68 (1). ( avantage fiscal ) transaction has the meaning assigned by subsection 68 (1). ( opération ) Parameter change — transactions (2) If (a) a transaction, or a series of transactions, involving property is made between two or more persons, all of whom are not dealing with each other at arm’s length at the time any of those transactions are made, (b) the transaction, any of the transactions in the series of transactions or the series of transactions would in the absence of this section result directly or indirectly in a tax benefit to one or more of the persons involved in the transaction or series of transactions, and (c) it may not reasonably be considered that the transaction, or the series of transactions, has been undertaken or arranged primarily for bona fide purposes other than to obtain a tax benefit, arising from a parameter change, for one or more of the persons involved in the transaction or series of transactions, the amount of tax, net tax, rebate or other amount payable by, or payable to, any of those persons under this Act, or any other amount that is relevant for the purposes of computing that amount must be determined as is reasonable in the circumstances in order to deny the tax benefit to any of those persons. Denying tax benefit on transactions (3) Despite any other provision of this Act, a tax benefit must only be denied under subsection (2) through an assessment, reassessment or additional assessment.
Select Luxury Items Tax Act — S-8.35 (a)
parameter change means a change in any of the following: (a) a formula, or an element of a formula, in a provision of this Act; (b) a price threshold in respect of a subject item; (c) a manner for determining the taxable amount of a subject item or the amount of tax payable in respect of a subject item; (d) an activity described in subsection 11 (3) or (4); or (e) words or expressions defined in a provision of this Act. ( modification de paramètre )
Select Luxury Items Tax Act — S-8.35
tax benefit has the meaning assigned by subsection 68 (1). ( avantage fiscal )
Select Luxury Items Tax Act — S-8.35
transaction has the meaning assigned by subsection 68 (1). ( opération )
Select Luxury Items Tax Act — S-8.35 70
Set-off of rebate 70 If, at any time, a person files a particular return under section 55 in which the person reports an amount that is required to be paid by the person under this Act and the person claims a rebate under Subdivision B of Division 4 of Part 1 or subsection 57 (4) payable to the person under this Act at that time, in the particular return or in another return, or in a separate application filed under this Act with the particular return, the person is deemed to have paid at that time, and the Minister is deemed to have rebated at that time, an amount equal to the lesser of the amount required to be paid and the amount of the rebate.
Select Luxury Items Tax Act — S-8.35 71
Definition of electronic payment 71 (1) In this section, electronic payment means any payment to the Receiver General that is made through electronic services offered by a person described in any of paragraphs (2)(a) to (d) or by any electronic means specified by the Minister. Electronic payment (2) Every person that is required under this Act to pay an amount to the Receiver General must, if the amount is $10,000 or more, make the payment by way of electronic payment, unless the person cannot reasonably pay the amount in that manner, to the account of the Receiver General at or through (a) a bank; (b) a credit union; (c) a corporation authorized under the laws of Canada or a province to carry on the business of offering its services as a trustee to the public; or (d) a corporation that is authorized under the laws of Canada or a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or investing in indebtedness on the security of mortgages on real property or hypothecs on immovables.
Select Luxury Items Tax Act — S-8.35 72
Small amounts owing 72 (1) If, at any time, the total of all unpaid amounts owing by a person to the Receiver General under this Act does not exceed $2.00, the amount owing by the person is deemed to be nil. Small amounts payable (2) If, at any time, the total of all amounts payable by the Minister to a person under this Act does not exceed $2.00, the Minister may apply those amounts against any amount owing, at that time, by the person to Her Majesty in right of Canada. However, if the person, at that time, does not owe any amount to Her Majesty in right of Canada, those amounts payable are deemed to be nil.