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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2007


NEWFOUNDLAND AND LABRADOR REGULATION 64/07

NEWFOUNDLAND AND LABRADOR
REGULATION 64/07

Home Heating Tax Credit Regulations, 2007
under the
Income Tax Act, 2000
(O.C. 2007-251)

(Filed June 7, 2007)

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, June 6, 2007.

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Home heating overpayment refund

        4.   Benefit reduction calculation

        5.   Adjustment for death, long term care or adult education

        6.   One overpayment per home

        7.   Application of subsection 38(6) of Act

        8.   NLR 31/06 Rep

        9.   Commencement


Short title

        1. These Regulations may be cited as the Home Heating Tax Credit Regulations, 2007.

Definitions

        2. In these regulations

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

             (b)  "adjusted income" has the meaning assigned to it under subsection 122.5(1) of the federal Act;

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

             (d)  "eligible householder" means an individual who has an adjusted income of $30,000 or less for the 2005 taxation year; and

             (e)  "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.

Home heating overpayment refund

        3. (1) Where an eligible householder or his or her spouse or common law partner incurred a cost to heat his or her home during the period extending from November 1, 2006 until April 30, 2007 and applies to the department that eligible householder shall be considered to have made an overpayment of tax in the amount set out in section 4 and the minister shall refund the amount of that overpayment to that householder.

             (2)  An application made to the department for a refund under this section 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 he or she considers to be satisfactory that indicates that the purchase of electricity was made by the eligible householder or his or her spouse or common law partner.

             (3)  Notwithstanding subsection (2), where an eligible householder or his or her spouse or common law partner incurred a cost to heat his or her home in accordance with subsection (1) but that home is not connected to an electrical power service, the Minister of Finance of the province may accept an invoice or receipt for home heating fuel supplied to that home instead of the invoice or other document referred to in subsection (2).

             (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 or common law partner who is an eligible householder, the application shall be considered to have been made by the spouse or common law partner who is the eligible householder.

Benefit reduction calculation

        4. (1) Where an eligible householder’s adjusted income is $22,500 or less, the amount of the overpayment of tax referred to in subsection 3(1) shall be $200.

             (2)  Where an eligible householder’s adjusted income is more than $22,500 but is $30,000 or less, the amount of the overpayment of tax referred to in subsection 3(1) shall be the greater of

             (a)  $200 minus ((adjusted income minus $22,500) X 2.66%); and

             (b)  $100.

Adjustment for death, long term care or adult education

        5. Notwithstanding another provision of these regulations, where

             (a)  an eligible householder’s spouse or common law partner dies before January 1, 2007, the adjusted income of the surviving eligible householder will be used to determine eligibility for the purpose of section 4; or

             (b)  an eligible householder’s spouse or common law partner resides in a long term care facility, the adjusted income of the eligible householder shall be reduced by the amount of contributions made towards the cost of care of that spouse or common law partner for a continuous 12 month period commencing after December 31, 2004 and ending before January 1, 2007; or

             (c)  where an individual has received government funding from the province or Canada for Adult Basic Education or for skills training during the 2005 taxation year, the amount of that funding shall be deducted from that individual’s income to determine eligibility for the purposes of section 4.

One overpayment per home

        6. (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 for a refund under section 3, 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

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

NLR 31/06 Rep

        8. The Home Heating Fuel Tax Credit Regulations, 2006, Newfoundland and Labrador Regulation 31/06, are repealed.

Commencement

        9. These regulations shall be considered to have come into force on December 15, 2006.