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Statutes of Newfoundland 1992


CHAPTER 16

CHAPTER 16

AN ACT TO AMEND CERTAIN TAXATION
STATUTES IN RELATION TO THE PAYMENT OR IMPOSITION OF INTEREST

(Assented to June 11, 1992)

Analysis

1. Short title

FINANCIAL
CORPORATIONS
CAPITAL TAX ACT

2. S.4 Amdt.
Interest

3. Ss. 36, 37 & 38 R&S
36. Refunds
37. Time limit
38. Payment from Consolidated Revenue Fund

4. S.62 Amdt.
Regulations

FORESTRY ACT

5. S.73 R&S
Interest and penalty

6. S.74 Amdt.
Disposition of taxes

7. S.74.1 Added
Refunds

8. S.76 Amdt.
Regulations

GASOLINE TAX ACT

9. S.2 Amdt.
Definitions

10. S.48 Amdt.
Regulations

11. S.55 Amdt.
Interest

12. S.55.1 Added
Refunds

HEALTH AND POST-SECONDARY EDUCATION TAX ACT

13. S.13 Amdt.
Interest

14. S.31 R&S
Refunds

15. S.32 Amdt.
Regulations

HORSE RACING
REGULATION AND TAX ACT

16. S.9.1 & 9.2 Added
9.1 Interest and remission 9.2 Refunds

17. S.17 Amdt.
Regulations

INSURANCE
COMPANIES TAX ACT

18. S.8 Amdt.
Payment of tax with return

19. S.12 R&S
Refunds

20. S.17.1 Added
Regulations

MINERAL HOLDINGS IMPOST ACT

21. S.15 R&S
Interest

22. S.18 R&S
Refunds

23. S.46 Amdt.
Regulations

MINING AND MINERAL RIGHTS TAX ACT

24. S.2 Amdt.
Definitions

25. S.13 Amdt.
Return

26. S.15 R&S
Interest

27. S.16 R&S
Tax estimate and remission

28. S.18 R&S
Refunds

29. S.34 Amdt.
Regulations

RETAIL SALES TAX ACT

30. S.23 R&S
Refunds

31. S.52 Amdt.
Regulations

32. S.57 R&S
Interest

TOBACCO TAX ACT

33. S.8 R&S
Refunds

34. S.45 Amdt.
Regulations

35. S.51 R&S
Interest

36. Commencement

Schedule

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


Short title

1. This Act may be cited as the Taxation Statutes Amendment Act.

FINANCIAL CORPORATIONS CAPITAL TAX ACT

RSN 1990 cF-9 as amended

2. Subsections 4(1), (2) and (3) of the Financial Corporations Capital Tax Act are repealed and the following substituted:

(1) Where a corporation does not pay tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner prescribed by the regulations, and the regulations may provide for a minimum amount upon which interest shall be levied.

3. Sections 36, 37 and 38 of the Act are repealed and the following substituted:

Refunds

36. (1) Where a corporation pays to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that corporation the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by the regulations.

(2) Notwithstanding subsection (1), where a corporation owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the corporation of the set-off.

(3) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed by the regulations.

Time limit

37. Notwithstanding subsection 36(1), the minister shall not make a payment under section 36 unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

Payment from Consolidated Revenue Fund

38. Money paid under section 36 shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

4. Paragraph 62(1)(h) of the Act is repealed and the following substituted:

(h) prescribing the circumstances under which refunds and interest may be granted or denied and setting restrictions on the granting or denying of refunds and interest;

(h.1) prescribing rates and methods of calculating interest, the forms, documents, records, times and the manner of paying refunds, interest and making other payments;

FORESTRY ACT

RSN 1990 cF-23 as amended

5. Section 73 of the Forestry Act is repealed and the following substituted:

Interest and penalty

73. (1) Where a person does not pay the tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner prescribed by the regulations, and the regulations may provide for a minimum amount upon which interest shall be levied.

(2) Where a person does not pay tax in the time and manner required, a penalty may be assessed in the manner prescribed by the regulations.

(3) Where a certificate is issued under section 66, interest under subsection (1) shall continue to be added to the amount of the tax payable as contained in the certificate.

(4) The minister may remit the penalty or the interest imposed under this section.

(5) A remission under this section may be total or partial, conditional or unconditional, and may be granted whether before or after or pending a suit or proceeding for the recovery of the penalty or interest and before or after a payment of it has been made or enforced by process or execution.

6. Section 74 of the Act is amended by striking out the words "or recovered" and substituting the words "by a person or recovered from a person".

7. The Act is amended by adding immediately after section 74, the following:

Refunds

74.1 (1) Where a person pays to the Minister of Finance an amount which exceeds the amount of tax required to be paid, the Minister of Finance may refund to that person the amount of the overpayment, together with interest, at the rate and in the manner prescribed by the regulations.

(2) Notwithstanding subsection (1), where a person owes money to the Crown under this or another Act, the Minister of Finance shall deduct the amount owing from the refund and shall inform the person of the set-off.

(3) Notwithstanding subsection (1), the Minister of Finance shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed by the regulations.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

8. Paragraphs 76(1)(r), (s) and (t) of the Act are repealed and the following substituted:

(r) prescribing the circumstances under which refunds and interest may be granted or denied and setting restrictions on the granting or denying of refunds and interest;

(s) prescribing rates and methods of calculating interest, the forms, documents, records, times and the manner of paying refunds, interest and making other payments;

(t) prescribing the penalty to be paid for a period during which a tax or part of a tax remains unpaid; and

GASOLINE TAX ACT

RSN 1990 cG-1 as amended

9. Section 2 of the Gasoline Tax Act is amended by adding immediately after paragraph (b) the following:

(b.1) "deputy collector" means a retailer or a wholesaler, who is not a collector;

10. (1) Paragraph 48(1)(m) of the Act is repealed and the following substituted:

(m) prescribing the circumstances under which refunds and interest may be granted or denied and setting restrictions on the granting or denying of refunds and interest;

(m.1) prescribing rates and methods of calculating interest, the forms, documents, records, times and the manner of paying refunds, interest and making other payments;

(2) Paragraph 48(1)(aa) of the Act is repealed.

11. (1) Subsection 55(1) of the Act is repealed and the following substituted:

(1) Where a person does not pay or pay over tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner prescribed by the regulations, and the regulations may provide for a minimum amount upon which interest shall be levied.

(2) Subsections 55(3) and (4) are repealed and the following substituted:

(3) Where a certificate is issued under section 29, interest under subsection (1) shall continue to be added to the amount of the tax payable as contained in the certificate.

12. The Act is amended by adding immediately after section 55 the following:

Refunds

55.1 (1) Where a person pays or pays over to a deputy collector, a collector or the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that person the amount of the overpayment, together with interest, at the rate and in the manner prescribed by the regulations.

(2) Notwithstanding subsection (1), where a person owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the person of the set-off.

(3) Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed by the regulations.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

HEALTH AND POST-SECONDARY EDUCATION TAX ACT

RSN 1990 cH-1 as amended

13. Subsection 13(1) of the Health and Post-Secondary Education Tax Act is repealed and the following substituted:

Interest

13. (1) Where an employer does not pay tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner that is prescribed by the regulations and the regulations may provide for a minimum amount upon which interest shall be levied.

14. Section 31 of the Act is repealed and the following substituted:

Refunds

31. (1) Where an employer pays to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that employer the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed.

(2) Notwithstanding subsection (1), where an employer owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the employer of the set-off.

(3) Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

15. Paragraphs 32(e) and (f) are repealed and the following substituted:

(e) prescribing the circumstances under which refunds and interest may be granted or denied and setting restrictions on the granting or denying of refunds and interest;

(f) prescribing rates and methods of calculating interest, the forms, documents, times and the manner of paying refunds, interest and making other payments;

HORSE RACING REGULATION AND TAX ACT

RSN 1990 cH-6

16. The Horse Racing Regulation and Tax Act is amended by adding immediately after section 9 the following:

Interest and remission

9.1 (1) Where an operator does not pay over tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner that is prescribed by the regulations, and the regulations may provide for a minimum amount upon which interest shall be levied.

(2) The minister may remit interest imposed under this section.

(3) A remission under this section may be total or partial, conditional or unconditional, and may be granted whether before or after or pending a suit or proceeding for the recovery of interest and before or after payment of it has been made or enforced by process or execution.

Refunds

9.2 (1) Where an operator pays over to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that operator the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by the regulations.

(2) Notwithstanding subsection (1), where an operator owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the operator of the set-off.

(3) Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

17. Subsection 17(1) of the Act is amended by adding immediately after paragraph (m) the following:

(m.1) prescribe the circumstances under which refunds and interest may be granted or denied and prescribe restrictions on the granting or denying of refunds and interest;

(m.2) prescribe rates and methods of calculating interest, the forms, documents, times and the manner of paying refunds, interest and making other payments;

INSURANCE COMPANIES TAX ACT

RSN 1990 cI-11

18. Subsections 8(2) and (3) of the Insurance Companies Tax Act are repealed and the following substituted:

(2) Where a company does not pay tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner that is prescribed by the regulations, and the regulations may provide a minimum amount upon which the interest will be levied.

(3) Where a certificate has been issued under section 21, interest under subsection (2) shall continue to be added to the amount of the tax payable as contained in the certificate.

(4) The minister may remit interest or a penalty imposed under this section and section 13.

(5) A remission under this section may be total or partial, conditional or unconditional, and may be granted whether before or after or pending a suit or proceeding for the recovery of a penalty or interest and before or after a payment of it has been made or enforced by process or execution.

19. Section 12 of the Act is repealed and the following substituted:

Refunds

12. (1) Where a company pays to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that company the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by the regulations.

(2) Notwithstanding subsection (1), where a company owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the company of the set-off.

(3) Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed by the regulations.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

20. The Act is amended by adding immediately after section 17 the following:

Regulations

17.1 The Lieutenant-Governor in Council may make regulations

(a) prescribing the circumstances under which refunds and interest may be granted or denied;

(b) prescribing restrictions on the granting or denying of refunds and interest;

(c) prescribing the circumstances under which penalties shall be assessed;

(d) prescribing rates and methods of calculating interest, the forms, documents, times and the manner of assessing penalties or paying refunds, interest and making other payments;

(e) prescribing forms for returns and other information required under this Act; and

(f) generally for the better carrying out of the provisions of this Act.

MINERAL HOLDINGS IMPOST ACT

RSN 1990 cM-14

21. Section 15 of the Mineral Holdings Impost Act is repealed and the following substituted:

Interest

15. Where a taxpayer does not pay tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner that is prescribed by the regulations and the regulations may provide for a minimum amount upon which interest shall be levied.

22. Section 18 of the Act is repealed and the following substituted:

Refunds

18. (1) Where a taxpayer pays to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to the taxpayer the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by regulations.

(2) Notwithstanding subsection (1), where a taxpayer owes money to the Crown under this or another Act, the minister shall deduct the amount owed from the refund and shall inform the taxpayer of the set-off.

(3) Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied in the manner that is prescribed by regulations.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

23. Paragraph 46(e) of the Act is repealed and the following substituted:

(e) prescribing penalties or other amounts under this Act that may be required by this Act;

(e.1) prescribing the circumstances under which refunds and interest may be granted or denied and setting restrictions on the granting or denying of refunds and interest;

(e.2) prescribing rates and methods of calculating interest, the forms, documents, records, times and the manner of paying refunds, interest and making other payments;

MINING AND MINERAL RIGHTS TAX ACT

RSN 1990 cM-16

24. Paragraph 2(d) of the Mining and Mineral Rights Tax Act is repealed and the following is substituted:

(d) "fiscal year" means the taxation year chosen by or applicable to the taxpayer under the Income Tax Act (Canada);

25. Subsection 13(1) of the Act is repealed and the following substituted:

(1) Every taxpayer shall make a return and pay tax in the form, time and manner that is prescribed by the regulations.

26. Section 15 of the Act is repealed and the following substituted:

Interest

15. Where a person does not pay or pay over tax in the time and manner required, interest shall be levied upon the tax at the rate and in the manner that is prescribed by the regulations and the regulations may provide for a minimum amount upon which interest shall be levied.

27. Section 16 of the Act is repealed and the following substituted:

Tax estimate and remission

16. (1) When a person fails to make a return or pay or pay over tax as required under this Act, or the returns of the person are not substantiated by his or her records, the minister may estimate the amount of tax payable by that person for which he or she has not accounted, and that amount shall be considered to be the tax payable by him or her.

(2) The person shall pay the amount estimated under subsection (1) to the Crown.

(3) In addition to interest levied under section 15, the minister may impose a penalty of 10% on tax not paid or paid over as required.

(4) The minister may remit a penalty or interest imposed under sections 15 and 16.

(5) A remission under this section may be total or partial, conditional or unconditional, and may be granted whether before or after or pending a suit or proceeding for the recovery of a penalty or interest and before or after a payment of it has been made or enforced by process or execution.

28. Section 18 of the Act is repealed and the following substituted:

Refunds

18. (1) Where a person pays or pays over to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that person the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by the regulations.

(2) Notwithstanding subsection (1), where a person owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the person of the set-off.

(3) Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed by the regulations.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

29. (1) Paragraph 34(1)(b) is repealed and the following substituted:

(b) prescribing rates and methods of calculating interest, the forms, documents, times and the manner of paying refunds, interest and making other payments;

(2) Subsection 34(1) of the Act is amended by adding immediately after paragraph (f) the following:

(f.1) prescribing the circumstances under which refunds and interest may be granted or denied and setting restrictions on the granting or denying of refunds and interest;

RETAIL SALES TAX ACT

RSN 1990 cR-15 as amended

30. Section 23 of the Retail Sales Tax Act is repealed and the following substituted:

Refunds

23. (1) Where a person pays or pays over to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that person the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by regulations.

(2) Notwithstanding subsection (1), where a person owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the person of the set-off.

(3) Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which the overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

31. Paragraph 52(1)(n) and (o) of the Act are repealed and the following substituted:

(n) prescribing the circumstances under which refunds and interest may be granted or denied and setting restrictions on the granting or denying of refunds and interest;

(o) prescribing rates and methods of calculating interest, the forms, documents, records, times and the manner of paying refunds, interest and making other payments;

32. Section 57 of the Act is repealed and the following substituted:

Interest

57. (1) Where a person does not pay tax in the time and manner required under this Act, interest shall be levied upon that tax at the rate and in the manner prescribed by the regulations and the regulations may provide for a minimum amount upon which interest shall be levied.

(2) Where a certificate is issued under section 47, interest under subsection (1) shall continue to be added to the amount of the tax payable as contained in the certificate.

TOBACCO TAX ACT

RSN 1990 cT-5 as amended

33. Section 8 of the Tobacco Tax Act is repealed and the following substituted:

Refunds

8. (1) Where a person pays or pays over to a licensed wholesaler, retailer or to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by the regulations.

(2) Notwithstanding subsection (1), where a person owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the person of the set-off.

(3) Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

(4) Notwithstanding subsection (1), refund and interest payments under this Act may be restricted or denied as prescribed by the regulations.

(5) Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

34. Paragraph 45(m) is repealed and the following substituted:

(m) prescribing the circumstances under which refunds and interest may be granted or denied and setting restrictions on the granting or denying of refunds and interest;

(m.1) prescribing rates and methods of calculating interest, the forms, documents, records, times and the manner of paying refunds, interest and making other payments;

35. Section 51 of the Act is repealed and the following substituted:

Interest

51. (1) Where a person does not pay or pay over a tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner that is prescribed by the regulations and the regulations may provide for a minimum amount upon which the interest shall be levied.

(2) Where a certificate is issued by the minister under section 36, interest under subsection (1) shall continue to be added to the amount of the tax payable as contained in the certificate.

Commencement

36. (1) This Act shall come into force on a day to be proclaimed by the Lieutenant-Governor in Council.

(2) Notwithstanding subsection (1), the provisions of the Acts which are contained in the Schedule and the regulations enacted under those provisions, are considered to have come into force on April 1, 1992.

 

Schedule

Act

Section, subsection or paragraph

Financial Corporations Capital Tax Act

4(1), 62(1)(f.1)

Forestry Act

73(1), 76(1)(s)

Gasoline Tax Act

48(1)(m.1), 55(1), (3)

Health and Post-Secondary Education Tax Act

13(1), 32(f)

Horse Racing Regulation and Tax Act

9.1(1), 17(1)(m.2)

Insurance Companies Tax Act

8(2), (3), 17.1(b)

Mineral Holdings Impost Tax Act

15, 46(e.2)

Mining and Mineral Rights Tax Act

15, 34(1)(b)

Retail Sales Tax Act

52(1)(o), 57(1), (2)

Tobacco Tax Act

45(m.1), 51(1), (2)

©Earl G. Tucker, Queen's Printer