This is an official version.

Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Newfoundland Regulation 1998


NEWFOUNDLAND REGULATION 85/98

NEWFOUNDLAND REGULATION 85/98

Retail Sales Tax Regulations (Amendment)
under the
Retail Sales Tax Act
(O.C. 98-210)

(Filed October 6, 1998)

Under the authority of section 52 of the Retail Sales Tax Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, October 6, 1998.

John R. Cummings, Q.C.
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.7 R&S
7.    
Sale and resale of
        motor vehicle
7.1   Valuation
7.2   Motor vehicle
        appraisal

        3.   Commencement

 

 

 

 

 


CNR 1155/96
as amended

        1. Section 2 of the Retail Sales Tax Regulations is amended by adding immediately after paragraph (b) the following:

          (a.1)  "acquisition" includes purchasing, leasing or bringing into the province for consumption or use and all derivatives of this term;

        2. Section 7 of the regulations is repealed and the following substituted:

Sale and resale of motor vehicle

        7. Where a vehicle is acquired in the province and is disposed of within 7 days of its acquisition, the first acquisition shall be considered to be for the purpose of resale and tax paid upon the first acquisition may be refunded by the minister upon receipt of evidence satisfactory to him or her that the tax should be refunded.

Valuation

     7.1 (1) For the purpose of subsection 8(2) of the Act, the purchase price or the fair or true value of a vehicle shall be considered to be the greater of the

             (a)  actual purchase price; or

             (b)  current average wholesale value for that vehicle published in an appraisal or valuation guide approved by the minister.

             (2)  Notwithstanding subsection (1) and for the purposes of subsection 8(2) of the Act, where the actual price of a vehicle is less than the price referred to in paragraph (1)(b), the purchase price or the fair or true value of that vehicle shall be that actual price if, at the time when the tax is payable, the consumer provides to the collector of the tax an affidavit in the required form made by the consumer and the seller of the vehicle under oath or affirmation, before a justice of the peace or a commissioner for oaths and confirming the actual price paid by the consumer for the vehicle.

             (3)  For the purposes of subsection (2), where

             (a)  an appraisal or valuation guide for the type of vehicle under consideration does not exist or has not been approved by the minister; or

             (b)  a vehicle which is required to be registered under the Highway Traffic Act cannot be registered under that Act because of its construction or condition,

the purchase price or the fair or true value of the vehicle may be determined by a method that the minister considers appropriate.

             (4)  Notwithstanding subsections (1) and (2), where the difference between the actual price under paragraph (1)(a) and the valued price under paragraph (1)(b) is less than a proportion or an amount which the minister may determine, the purchase price of the vehicle for the purpose of subsection 8(2) of the Act shall be the actual purchase price.

             (5)  Where a person is found guilty of an offence under section 76 of the Act and that offence relates to an affidavit made under this section, the purchase price or the fair or true value of a vehicle which is the subject of the affidavit shall be the value calculated under paragraph (1)(b).

Motor vehicle appraisal

     7.2 (1) Notwithstanding section 7.1, for the purpose of subsection 8(2) of the Act, a consumer may obtain, at his or her own expense, a written appraisal from an approved appraiser.

             (2)  Where a consumer provides to the collector of the tax a written appraisal for a vehicle from an approved appraiser, the purchase price, fair or true value of that vehicle shall be the greater of the actual purchase price or the appraised value, provided that the vehicle is appraised within a time which the minister considers to be reasonable.

             (3)  The minister may approve persons as appraisers of vehicles for the purpose of this section.

             (4)  For the purposes of this section, "approved appraiser" means a person who is qualified to appraise vehicles and who is approved by the minister for the purpose of this section.

Commencement

        3. These regulations shall come into force on October 19, 1998.