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Newfoundland Regulation 2001


NEWFOUNDLAND REGULATION 14/01

NEWFOUNDLAND REGULATION 14/01

Home Heating Fuel Tax Credit Regulations
under the
Income Tax Act, 2000
(O.C. 2001-013)

(Filed January 30, 2001)

Under the authority of section 68 of the Income Tax Act, 2000 the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, January 24, 2001.

G. Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Home heating fuel overpayment refund

        4.   One overpayment per home

        5.   Application of subsection 38(6) of Act

        6.   Commencement


Short title

        1. These regulations may be cited as the Home Heating Fuel Tax Credit Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Income Tax Act, 2000;

             (b)  "department" means the Department of Finance of the province;

             (c)  "eligible householder" means an individual who is

                      (i)  an eligible individual as defined under paragraph 34(1)(b) of the Act who is considered to have made an overpayment of tax in October, 2000 in accordance with subsections 34(3) and (4) of the Act, or

                     (ii)  an eligible individual as defined under paragraph 38(1)(a) of the Act who is considered to have made an overpayment of tax in any month from July, 2000 to March, 2001 under subsection 38(3) of the Act, or

                    (iii)  an individual who has received social assistance under the Social Assistance Act for January, February or March of 2001 and who is not an eligible individual or a spouse of an eligible individual referred to in subparagraph (i) or (ii);

             (d)  "home" means an individual’s principal dwelling place and self contained living unit consisting of 2 or more rooms in which individuals reside and usually sleep and prepare and serve meals for their own consumption; and

             (c)  "home heating fuel" means a petroleum product used for heating a home.

Home heating fuel overpayment refund

        3. (1) Where an eligible householder or his or her spouse has purchased home heating fuel as the primary source of fuel to heat his or her home during the period extending from July 1, 2000 until March 31, 2001 and applies to the department under subsection (2), that eligible householder is considered to have made an overpayment of tax in the amount of $100 and the minister shall refund the amount of that overpayment to that householder.

             (2)  An eligible householder referred to in subsection (1) may apply to the department not later than April 30, 2001 for the overpayment of tax amount referred to in subsection (1).

             (3)  An application made under subsection (2) shall be in the form and contain the information required by the Minister of Finance of the province and shall be accompanied by an invoice or other document that the minister considers to be satisfactory that indicates that the purchase of home heating fuel was made by the eligible householder or his or her spouse.

             (4)  Where the department receives an application under this section from an individual who is not an eligible householder and that application is co-signed by his or her spouse who is an eligible householder, the application shall be considered to have been made by the spouse who is the eligible householder.

One overpayment per home

        4. (1) Where more than one individual who resides in a home may qualify for an overpayment of tax refund under these regulations, only one of those individuals may apply for and receive that refund.

             (2)  Where, notwithstanding subsection (1), more than one eligible householder of a home applies under subsection 3(2), the minister may, in his or her discretion, determine which eligible householder is to receive the overpayment of tax amount under these regulations.

Application of subsection 38(6) of Act

        5. Subsection 38(6) of the Act shall apply to an amount considered to be an overpayment of a tax under these regulations.

Commencement

        6. These regulations shall be considered to have come into force on January 10, 2001.