This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1997 Tax Agreement Regulations (Filed March
27, 1997) Under the
authority of section 6 of the Tax
Agreement Act and section 52 of the Retail
Sales Tax Act, the Lieutenant-Governor in Council makes the following
regulations. Dated at A. Faour
Deputy REGULATIONS Analysis 1. Short
title PART I 2. Interpretation 3. Rebate PART II 4. Definitions 5. General
transitional 6. Continuous
provision of property or service 7. Leases,
licences etc. PART 8. Price
adjustments PART IV 9. Book
rebate 10. Commencement Short title 1. These regulations may be cited as
the Tax Agreement Regulations. PART I Interpretation 2. (1) In this Part (a) "new
residential home" and "new multi unit residential establishment"
mean a qualifying addition and a qualifying residential complex as referred to
in this Part; (b) "qualifying
addition" means an addition to a multiple unit residential complex other
than an addition in which a unit was occupied by an individual as a place of
residence or lodging after the construction of the addition began and before
April 1, 1997; (c) "qualifying
interior floor space" of a qualifying residential complex or qualifying
addition includes the width of the enclosing walls of the complex or addition
that are not adjacent to another complex and half of the width of the enclosing
walls of the complex or addition that are adjacent to another complex but does
not include (i) storage rooms, attics and basements, unless they are finished to a
standard comparable to the living areas of the complex or addition by the
builder of the complex or addition, (ii) parking areas, (iii) areas set aside for the placement of equipment for the heating of
or the supply of water, gas or electricity to the complex or addition, and (iv) in the case of a residential complex that is a condominium complex (A) a residential condominium unit where the unit
was occupied by an individual as a place of residence or lodging after the
construction or substantial renovation of the complex began and before April 1,
1997, or where tax is not payable under subsection 165(2) of the Excise Tax Act (Canada) in respect of a
supply of the unit because of subsection 351(3) of that Act, (B) half of the width of the enclosing walls of
the unit referred to in clause (A) that are adjacent to other units, and (C) the proportion of the total interior floor
space of the common areas of the condominium complex that the number of square
metres of interior floor space of the unit referred to in clause (A) is of the
total number of square metres of interior floor space of all condominium units
in the condominium complex; (d) "qualifying
residential complex" means a residential complex, the construction or
substantial renovation of which began before (i) floating home, (ii) mobile home, (iii) residential condominium unit, (iv) single unit residential complex that was occupied by an individual
as a place of residence or lodging after the construction or substantial
renovation of the complex began and before (v) multiple unit residential complex in which a residential unit was
occupied by an individual as a place of residence or lodging after the
construction or substantial renovation of the complex began and before April
1,1997, and (vi) residential complex where tax is not payable under subsection
165(2) of the Excise Tax Act (Canada)
in respect of a supply of the complex because of subsection 351(1) or (5) of
that Act or in respect of a supply of services relating to the construction or
substantial renovation of the complex because of subsection 351(7) or (8) of
that Act; and (e) "required
form" means the form and manner required by the minister. (2) In
this Part, "builder", "condominium complex", "floating
home", "mobile home", "multiple unit residential
complex", "residential condominium unit", "residential
complex", "residential unit", "single unit residential
complex" and "substantial renovation " have the meanings
assigned by subsection 123(1) of the Excise
Tax Act (Canada). (3) This
Part shall apply to new residential homes and new multi unit residential
establishments. Rebate 3. (1) Where, immediately before (a) qualifying
residential complex, other than a builder of the complex to whom subsections
191(1) to (4) of the Excise Tax Act
(Canada) do not apply because of subsection 191(5), (6) or (6.1) of that Act,
owned or had possession of the complex and had not transferred ownership or
possession of the complex under an agreement of purchase and sale to a person
who is not a builder of the complex; or (b) qualifying
addition to a multiple unit residential complex, other than a builder of the
addition to whom subsection 191(4) of the Excise
Tax Act (Canada) does not apply because of subsection 191(5), (6) or (6.1)
of that Act, owned or had possession of the addition and neither transferred possession
of the addition or a residential unit in the addition under a lease, licence or
similar arrangement nor transferred ownership or possession of the addition or
complex under an agreement of purchase and sale to a person who is not a
builder of the addition, the minister
shall pay a rebate to the builder of the complex or addition equal to the
amount determined by the formula A x B x C (2) In
the formula A x B x C referred to in subsection (1) A is $55 B is the
number of square metres of qualifying interior floor space in the complex or
addition, and C is (a) 50%,
where the construction or substantial renovation of the complex or the
construction of the addition was, on (b) 75%,
where the construction or substantial renovation of the complex or the
construction of the addition was, on April 1, 1997, more than 50% completed and
less than 90% completed; and (c) 90%,
where the construction or substantial renovation of the complex or the
construction of the addition was, on (3) Notwithstanding
subsections (1) and (2), a rebate in respect of a qualifying residential
complex or a qualifying addition shall not be paid under this Part to a person
who does not apply to the minister for the rebate in the required form before
January 1, 1998 or where a rebate under this Part in respect of the complex or
addition was paid to another person entitled to it. (4) This
section shall not apply in PART II Definitions 4. In Parts II and (a) "retail
sales tax" means retail sales tax imposed under the Retail Sales Tax Act as it exists on (b) "service"
means a service referred to in sections 14 and 15 of the Retail Sales Tax Act as it exists on March 31, 1997; and (c) "tangible
personal property" has the same meaning as in the Retail Sales Tax Act. General transitional 5. (1) Retail sales tax shall not
apply where a person acquires tangible personal property or a service before (a) ownership
and possession of that tangible personal property is transferred to that person
after (b) the
service is substantially performed after (2) Where
tangible personal property or all or substantially all of a service is acquired
on or before (3) Where
a service is acquired commencing before (4) Notwithstanding
subsections (1) and (2), retail sales tax shall apply where a person acquires
ownership and possession of tangible personal property or acquires all or a
portion of a service after March 31, 1997 and payment for that property or
service is made or due on or before October 23, 1996. Continuous provision of property or service 6. Notwithstanding section 5, where
tangible personal property or a service is acquired on a continuous basis by
means of a wire, pipeline or other conduit commencing on or before March 31,
1997 and ending after that date retail sales tax shall apply to the portion of
the payment due or payable in a billing period for that property or service
calculated by the following formula TA = DB/TD
x TP where TA - is
the amount of payment to which retail sales tax is applied; DB - is
number of days in the billing period occurring before TD - is
the total number of days in the billing period; and TP - is
the total payment due for that billing period. Leases, licences etc. 7. (1) Where a person acquires
tangible personal property by way of lease, licence or other similar arrangement
referred to in section 13 of the Retail
Sales Tax Act commencing before (a) before
April 30, 1997, retail sales tax shall apply to the payment for that lease,
licence or other arrangement; and (b) after
April 29, 1997, retail sales tax shall apply to the portion of the payment due
or payable for the lease, licence or other arrangement that is a percentage of
the number of days in the leasing, licensing or other arrangement payment
period which occurs before April 1, 1997 divided by the total number of days in
that period. (2) Notwithstanding
subsection (1), where tangible personal property is acquired, and payment for
that property is by way of rent, royalty, lease or other similar payment for a
period in which a service is also acquired with respect to that property and
payment for the property and service is included on a single invoice, the
entire transaction referred to on the invoice shall be treated as tangible
personal property or a service acquired in accordance with section 6. PART Price adjustments 8. Where a person paid retail sales
tax on tangible personal property acquired before April 1, 1997 and that
property is returned to the person from whom it was acquired after March 31,
1997 but on or before July 31, 1997, (a) where
the tangible personal property is returned and a full refund is made, retail
sales tax shall be refunded; (b) where
the tangible personal property is exchanged for another tangible personal
property equal in consideration to the original amount of consideration paid,
there shall not be a retail sales tax refund; and (c) where
there is a partial refund of the amount of payment made for the tangible
personal property, there shall be a refund of the retail sales tax with respect
to the partial refund amount. PART IV Book rebate 9. (1) In this section (a) "federal
minister" means the minister of the government of (b) "printed
book" has the meaning assigned to it under subsection 259.1(1) of the Excise Tax Act ( (i) an audio recording, all or substantially all of which is a spoken
reading of a printed book, (ii) a bound or unbound printed version of scripture of any religion,
and (iii) updates of printed books; (c) "required
form" means the form and manner required by the federal minister or under
the Excise Tax Act ( (d) "supplier"
has the meaning assigned to it under subsection 123(1) of the Excise Tax Act ( (e) "recipient"
has the meaning assigned to it under subsection 123(1) of the Excise Tax Act ( (2) Where
a person is a recipient of a printed book after March 31, 1997 and tax is paid
or payable with respect to that book under subsection 165(2) of the Excise Tax Act (Canada), the supplier of
that printed book may, on behalf of the government of the province, pay or
credit to the person who is the recipient of the printed book, an amount equal
to the tax paid or payable under that subsection. (3) Where,
after March 31, 1997, a person is the recipient of a printed book brought in
from outside the province and tax on that book is paid or payable under
sections 212.1, 220.05 or 220.06 of the
Excise Tax Act (Canada), the federal minister may, on behalf of the government
of the province, pay or credit to the person, an amount equal to the tax paid
or payable on the printed book under that subsection or section. (4) Where
a person to whom an amount is payable under subsections (2) and (3) is not paid
or credited with that amount, that person may, not more than 4 years
immediately after the date on which the person was the recipient of the printed
book, apply to the federal minister in the required form for payment of that
amount and the federal minister may, on behalf of the government of the
province, pay or credit the amount to that person. (5) Where,
under subsection (2), the supplier of a printed book pays or credits an amount
to the person who was the recipient of the printed book, the federal minister
may, on behalf of the government of the province, pay or credit an equal amount
to that supplier. (6) Where
the federal minister pays or credits an amount to a person under subsections
(3) or (4) or to a supplier under subsection (5), the federal minister may
deduct from or set off against a payment made by the Crown in right of Canada
to the government of the province an equal amount to that paid or credited
under those subsections. Commencement 10. These
regulations shall come into force on ©Earl G. Tucker, Queen's Printer |