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Statutes of Newfoundland 1997


CHAPTER 41

CHAPTER 41

AN ACT TO AMEND THE RETAIL SALES TAX ACT

(Assented to December 19, 1997)

Analysis

1. S.2 Amdt.
Definitions

2. S.3.1 Added
Tax on cars, snowmobiles, etc.

3. S.8 Amdt.
Determination of value

4. Ss.13, 17, 18 & 20 Amdt.
13. Rental property
17. Property brought into the province
18. Property not purchased
20. Exempt property

5. S.52 Amdt.
Regulations

6. S.60 R&S
Review of valuation

7. Commencement

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


RSN1990 cR-15 as amended

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

(i.1) "new snowmobile" means a motorized vehicle with ski-like runners used for travelling in, on or over snow and ice and which has not been previously owned or operated by a consumer;

(2) Section 2 of the Act is amended by adding immediately after paragraph (o) the following:

(o.1) "registered dealer" means a person who is registered as an automobile dealer under the Automobile Dealers Act or who is registered under equivalent legislation in another province of Canada;

(o.2) "registrant" means a registrant as defined in Part IX of the Excise Tax Act (Canada);

2. The Act is amended by adding immediately after section 3 the following:

Tax on cars, snowmobiles etc.

3.1 (1) Notwithstanding sections 3 and 17, a person who acquires a car, truck or van from a registered dealer at a retail sale shall, in respect of the consumption or use of that car, truck or van in the province, pay to the Crown at the time of the sale a tax at the rate of 8% of the purchase price of that car, truck or van.

(2) Notwithstanding sections 3 and 17, a person who acquires a new snowmobile at a retail sale shall, in respect of the consumption or use of that snowmobile in the province, pay to the Crown at the time of the sale a tax at the rate of 8% of the purchase price of that snowmobile.

(3) Subsection (1) is considered to have come into force on December 13, 1996 and to have ceased to be in force on April 1, 1997.

(4) Subsection (2) is considered to have come into force on February 26, 1997 and to have ceased to be in force on April 1, 1997.

3. Section 8 of the Act is amended by renumbering it as subsection 8(1) and by adding immediately after subsection (1) the following:

(2) Where a consumer acquires a vehicle from a person who is not a registrant, the purchase price or the fair or true value on which tax is required to be paid under this Act is the amount determined by the valuation system prescribed by regulation.

(3) For the purpose of this section and the regulations, a vehicle means a vehicle propelled, driven or controlled other than by muscular power and includes an aircraft, boat, ship, trailer and vessel.

4. Sections 13, 17, 18 and 20 are amended by deleting the figure "12%" wherever it occurs and substituting the figure "15%".

5. Subsection 52(1) of the Act is amended by adding immediately after paragraph (q) the following:

(q.1) prescribing a system of valuation and appraisal for vehicles;

(q.2) prescribing the information to be submitted with an application for review under section 60;

6. Section 60 of the Act is repealed and the following substituted:

Review of valuation

60. A person may apply to the minister for a review of a determination of a price or value under this Act and the minister, after considering the application, shall confirm or amend the price or value and shall notify the applicant accordingly.

Commencement

7. Section 4 shall be considered to have come into force on April 1, 1997.

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