GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 27
Determination of percentage 27 If a selected listed financial institution, other than an insurer, is a qualifying partnership, the financial institution’s percentage for a participating province for a particular period is (a) if all the members of the qualifying partnership are individuals, the percentage that would be determined under section 22 for the participating province for the particular period if the qualifying partnership were an individual; and (b) in any other case, the percentage that would be determined under section 23 for the participating province for the particular period if the qualifying partnership were a corporation. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 28
other case, the percentage determined by the formula A/B where A is the amount that would be the particular person’s taxable income earned in the participating province, as determined for the purposes of the Income Tax Act under the rules prescribed in Parts IV and XXVI of the Income Tax Regulations , in the particular taxation year of the particular person — being the last taxation year of the particular person for which a return is required to be filed under that Act on or before the particular day or, if the particular person was never required to file a return under that Act on or before the particular day, the last taxation year of the person ending on or before the particular day — if (i) the particular person were a taxpayer under that Act, (ii) every reference in that Act and those Regulations to a permanent establishment of the particular person were read as a reference to a permanent establishment of the particular person as determined in accordance with subsection 132.1(2) of the Act, (iii) in the case of a partnership or a body (other than a corporation or a trust) that is a society, union, club, association, commission or other organization of any kind, (A) the particular person were a corporation, and (B) anything done by another person that is a member of the particular person had been done by the particular person in the course of the particular person’s activities, and (iv) in the case of a trust, or an estate or succession of a deceased individual, (A) the particular person were an individual, (B) the province of residency of the particular person were determined in accordance with whichever of paragraphs 5(c) to (e) is applicable, and (C) anything done by another person in the person’s capacity as trustee, executor, administrator, liquidator of a succession, heir or other legal representative having ownership or control of the property of the trust, estate or succession had been done by the particular person, and B is the amount that would be the particular person’s total taxable income for the purposes of the Income Tax Act for the particular taxation year if (i) the particular person were a taxpayer under that Act, (ii) in the case of a partnership or a body (other than a corporation or a trust) that is a society, union, club, association, commission or other organization of any kind, (A) the particular person were a corporation, and (B) anything done by another person that is a member of the particular person had been done by the particular person in the course of the particular person’s activities, and (iii) in the case of a trust, or an estate or succession of a deceased individual, (A) the particular person were an individual, and (B) anything done by another person in the person’s capacity as trustee, executor, administrator, liquidator of a succession, heir or other legal representative having ownership or control of the property of the trust, estate or succession had been done by the particular person. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 30
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 225.2(2) of the Act, as adapted by these Regulations, before the plan merger, and (B) in any other case, the particular predecessor’s percentage for the predecessor series, for the participating province and for the last particular period of the particular predecessor ending before the plan merger, A 2 is the total value immediately before the plan merger of the units of the predecessor series that were converted, by any means, into units of the particular series by virtue of the plan merger, and A 3 is the total of all amounts, each of which is the total value immediately before the plan merger of the units of a series of the particular predecessor (including the predecessor series) that were converted, by any means, into units of the particular series by virtue of the plan merger, (ii) if the particular predecessor is a non-stratified investment plan in respect of which an election under section 49 or 61 is in effect immediately before the plan merger, the particular predecessor’s percentage for the participating province as of the last day on which that percentage is required to be determined for the purposes of subsection 225.2(2) of the Act, as adapted by these Regulations, before the plan merger, and (iii) in any other case, the particular predecessor’s percentage for the participating province and for the last particular period of the particular predecessor ending before the plan merger, B is the total value immediately before the plan merger of the units of the particular predecessor that were converted, by any means, into units of the particular series by virtue of the plan merger, and C is the total of all amounts, each of which is the total value immediately before the plan merger of the units of a predecessor (including the particular predecessor) that were converted, by any means, into units of the particular series by virtue of the plan merger; and (b) if the plan merger occurs on or after September 30 of the calendar year in which the transitional fiscal year begins, the particular investment plan’s percentage for the particular series, for a participating province and for the particular period in which the transitional fiscal year ends is equal to the particular amount referred to in paragraph (a). SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 32
 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 225.2(2) of the Act, as adapted by these Regulations, before the plan merger, and (B) in any other case, the particular predecessor’s percentage for the predecessor series, for the participating province and for the last particular period of the particular predecessor ending before the plan merger, A 2 is the total value immediately before the plan merger of the units of the predecessor series that were converted, by any means, into units of the particular series by virtue of the plan merger, and A 3 is the total of all amounts, each of which is the total value immediately before the plan merger of the units of a series of the particular predecessor (including the predecessor series) that were converted, by any means, into units of the particular series by virtue of the plan merger, (ii) if the particular predecessor is a non-stratified investment plan in respect of which an election under section 49 or 61 is in effect immediately before the plan merger, the particular predecessor’s percentage for the participating province as of the last day on which that percentage is required to be determined for the purposes of subsection 225.2(2) of the Act, as adapted by these Regulations, before the plan merger, and (iii) in any other case, the particular predecessor’s percentage for the participating province and for the last particular period of the particular predecessor ending before the plan merger, B is the total value immediately before the plan merger of the units of the particular predecessor that were converted, by any means, into units of the particular investment plan by virtue of the plan merger, and C is the total of all amounts, each of which is the total value immediately before the plan merger of the units of a predecessor (including the particular predecessor) that were converted, by any means, into units of the particular investment plan by virtue of the plan merger; and (b) if the plan merger occurs on or after September 30 of the calendar year in which the transitional fiscal year begins, the particular investment plan’s percentage for a participating province and for the particular period in which the transitional fiscal year ends is equal to the particular amount referred to in paragraph (a). SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 33
ntage 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 225.2(2) of the Act, as adapted by these Regulations, before the plan merger, and (B) in any other case, the particular predecessor’s percentage for the predecessor series, for the participating province and for the last particular period of the particular predecessor ending before the plan merger, A 2 is the total value immediately before the plan merger of the units of the predecessor series that were converted, by any means, into units of the particular series by virtue of the plan merger, and A 3 is the total of all amounts, each of which is the total value immediately before the plan merger of the units of a series of the particular predecessor (including the predecessor series) that were converted, by any means, into units of the particular series by virtue of the plan merger, (ii) if the particular predecessor is a non-stratified investment plan in respect of which an election under section 49 or 61 is in effect immediately before the plan merger, the particular predecessor’s percentage for the participating province as of the last day on which that percentage is required to be determined for the purposes of subsection 225.2(2) of the Act, as adapted by these Regulations, before the plan merger, and (iii) in any other case, the particular predecessor’s percentage for the participating province and for the last particular period of the particular predecessor ending before the plan merger, B is the total value immediately before the plan merger of the units of the particular predecessor that were converted, by any means, into units of the particular series by virtue of the plan merger, and C is the total of all amounts, each of which is the total value immediately before the plan merger of the units of a predecessor (including the particular predecessor) that were converted, by any means, into units of the particular series by virtue of the plan merger; and (b) if the plan merger occurs on or after September 30 of the calendar year in which the transitional fiscal year begins, the particular investment plan’s percentage for the particular series, for a participating province and for the particular period in which the transitional fiscal year ends is equal to the particular amount referred to in paragraph (a). SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 34
icular 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 225.2(2) of the Act, as adapted by these Regulations, before the plan merger, and (B) in any other case, the particular predecessor’s percentage for the predecessor series, for the participating province and for the last particular period of the particular predecessor ending before the plan merger, A 2 is the total value immediately before the plan merger of the units of the predecessor series that were converted, by any means, into units of the particular series by virtue of the plan merger, and A 3 is the total of all amounts, each of which is the total value immediately before the plan merger of the units of a series of the particular predecessor (including the predecessor series) that were converted, by any means, into units of the particular series by virtue of the plan merger, (ii) if the particular predecessor is a non-stratified investment plan in respect of which an election under section 49 or 61 is in effect immediately before the plan merger, the particular predecessor’s percentage for the participating province as of the last day on which that percentage is required to be determined for the purposes of subsection 225.2(2) of the Act, as adapted by these Regulations, before the plan merger, and (iii) in any other case, the particular predecessor’s percentage for the participating province and for the last particular period of the particular predecessor ending before the plan merger, B is the total value immediately before the plan merger of the units of the particular predecessor that were converted, by any means, into units of the particular investment plan by virtue of the plan merger, and C is the total of all amounts, each of which is the total value immediately before the plan merger of the units of a predecessor (including the particular predecessor) that were converted, by any means, into units of the particular investment plan by virtue of the plan merger; and (b) if the plan merger occurs on or after September 30 of the calendar year in which the transitional fiscal year begins, the particular investment plan’s percentage for a participating province and for the particular period in which the transitional fiscal year ends is equal to the particular amount referred to in paragraph (a). SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 35
he selected province referred to in subsection (1) for the particular period; and (c) the financial institution is deemed to know on December 31 of the calendar year that the particular person is, on the attribution point, resident in Canada and in the selected province. SOR/2013-71, s. 2 SOR/2019-59, s. 20
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 37
ow 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; and (c) in the case of any other participating province, nil. Attribution of plan members 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 number of plan members (in this subsection referred to as the “known members”) of the investment plan in respect of each of which the investment plan knows, on December 31 of the calendar year in which the fiscal year ends, whether or not the plan member is resident in Canada on the attribution point and, in the case of plan members resident in Canada, the province in which the plan member is resident on the attribution point is less than 50% of the total number of plan members of the investment plan on the attribution point, the following rules apply: (a) the plan members of the investment plan, other than the known members, are 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 (b) the investment plan is deemed to know on December 31 of the calendar year that the plan members of the investment plan, other than the known members, are, on the attribution point, resident in Canada and in the selected province. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 38
Percentage — mixed pension plans 38 If a selected listed financial institution is an investment plan and a pension entity of a pension plan, part of which is a defined contribution pension plan and the remaining part of which is a defined benefits pension 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 the amount determined by the formula [A × (B/C)] + [D × (C – B)/C] where A is the financial institution’s percentage determined for the participating province and for the particular period by applying section 35 to the part of the pension plan that is the defined contribution pension plan; B is the value of the assets of the defined contribution pension plan held by pension entities of the pension plan on a particular attribution point in respect of the financial institution for the particular period that is the last such attribution point required to be used in the determination of the percentage referred to in the description of A, or such other amount that the Minister may allow on application by the investment plan; C is the total value of the assets of the pension plan held by pension entities of the pension plan on the particular attribution point, or such other amount that the Minister may allow on application by the investment plan; and D is the financial institution’s percentage determined for the participating province and for the particular period by applying section 36 to the part of the pension plan that is the defined benefits pension plan. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 39
Agreement with the Minister — weighted average 39 If one or more parts of the business of a particular selected listed financial institution, other than a financial institution described in any of sections 24 to 26, for a particular period consist of operations normally conducted by any of the types of financial institutions referred to in any of sections 24 to 26 and 29 to 38, the particular financial institution and the Minister may agree that the particular financial institution’s percentage for a participating province and for the particular period is the weighted average of the percentages determined (a) by applying to each of those parts of the business whichever of those sections refers to the type of financial institution that normally conducts the operations comprising that part of the business; and (b) by applying section 23 to the remainder of the business that does not consist of operations normally conducted by any of the types of financial institutions referred to in those sections. SOR/2013-71, s. 2
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 40
Amounts not included in net tax adjustment formula 40 For the purposes of paragraph (a) of the description of A and paragraph (a) of the description of F in subsection 225.2(2) of the Act, the following amounts are prescribed amounts of tax: (a) any amount of tax that became payable by an insurer, or that was paid by the insurer without having become payable, in respect of property or services acquired, imported or brought into a participating province exclusively and directly for consumption, use or supply in the course of investigating, settling or defending a claim arising under an insurance policy that is not in the nature of accident and sickness insurance or life insurance; (b) any amount of tax that became payable by a selected listed financial institution, or that was paid by the financial institution without having become payable, in respect of a supply or importation of property referred to in subsection 259.1(2) of the Act; (c) any amount of tax that became payable by a stratified investment plan, or that was paid by a stratified investment plan without having become payable, in respect of property or a service, to the extent that the property or service was acquired, imported or brought into a participating province for consumption, use or supply in the course of the activities relating to a provincial series of the stratified investment plan; (d) any particular amount of tax that became payable or was paid by a selected listed financial institution under any of subsection 165(2) and section 212.1 of the Act in respect of a supply or importation of property or a service in respect of which tax under any of subsection 165(1) and sections 212, 218 and 218.01 of the Act became payable by the financial institution, or was paid by the financial institution without having become payable, in a reporting period of the financial institution that ends before July 2010, provided that the particular amount of tax (i) is payable as a consequence of the application of Part 3 of the New Harmonized Value-added Tax System Regulations or Divisions 2 and 3 of Part 9 of the New Harmonized Value-added Tax System Regulations, No. 2 , or (ii) is payable at the rate of 10% as a consequence of the application of the Nova Scotia HST Regulations, 2010 ; and (e) any particular amount of tax that became payable or was paid by a selected listed financial institution under any of subsection 165(2) and section 212.1 of the Act in respect of a supply or importation of property or a service in respect of which tax under any of subsection 165(1) and sections 212, 218 and 218.01 of the Act became payable by the financial institution, or was paid by the financial institution without having become payable, in a reporting period of the financial institution that ends before April 2013, provided that the particular amount of tax is payable as a consequence of the application of Part 3.1 of the New Harmonized Value-added Tax System Regulations or Divisions 2 and 3 of Part 9.1 of the New Harmonized Value-added Tax System Regulations, No. 2 . SOR/2013-71, s. 2; SOR/2013-197, s. 1
Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 41
Section 220.04 of Act 41 For the purposes of section 220.04 of the Act, a prescribed amount of tax is any amount of tax that (a) is prescribed for the purposes of paragraph (a) of the description of F in subsection 225.2(2) of the Act; or (b) is in respect of property or a service brought into a participating province or acquired, otherwise than for consumption, use or supply in the course of an endeavour, as defined in subsection 141.01(1) of the Act, of the person referred to in section 220.04 of the Act. SOR/2013-71, s. 2