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Excise Tax Act

Version of section 238.1 from 2022-09-01 to 2024-05-28:


Marginal note:Definitions

  •  (1) In this section,

    cumulative amount

    cumulative amount for a reporting period of a registrant means the total of

    • (a) the amount that would be the registrant’s net tax for the period if it were determined without reference to subsection (4) and if no input tax credits were claimed, and no amounts were deducted, in determining that net tax, and

    • (b) the amount required under subsection (4) to be added in determining the net tax for the period; (montant cumulatif)

    designated reporting period

    designated reporting period of a person means a reporting period of the person in respect of which a designation under subsection (2) is in effect, but does not include a reporting period in which the person ceases to be a registrant. (période désignée)

  • Marginal note:Designation by Minister

    (2) The Minister may, on the application of a registrant and by notice in writing, designate, as an eligible reporting period for the purposes of this section, a particular reporting period (other than a fiscal year) of the registrant specified in the application and ending in a fiscal year of the registrant if

    • (a) the Minister is satisfied that it can reasonably be expected that the cumulative amount for the particular reporting period will not exceed $1000;

    • (b) the registrant’s application in respect of the particular reporting period is made in prescribed form, contains prescribed information and is filed with the Minister in prescribed manner before the beginning of the particular reporting period; and

    • (c) at the time the application is made,

      • (i) no designation under this subsection of a reporting period of the registrant ending in the fiscal year has been revoked,

      • (ii) all amounts required under this Part to be remitted before that time by the registrant in respect of reporting periods of the registrant or supplies of real property made to the registrant and all amounts payable under this Part before that time by the registrant as penalty, interest, an instalment of tax or a repayment in respect of reporting periods of the registrant have been remitted or paid,

      • (iii) all amounts required under this Act (other than this Part), sections 21 and 33 of the Canada Pension Plan, the Excise Act, the Customs Act, the Income Tax Act, section 82 and Part VII of the Employment Insurance Act, the Customs Tariff, the Excise Act, 2001, the Underused Housing Tax Act and the Select Luxury Items Tax Act to be remitted or paid before that time by the registrant have been remitted or paid, and

      • (iv) all returns required under this Part to be filed with the Minister before that time by the registrant have been filed.

  • Marginal note:No return

    (3) Subject to section 282, a registrant is not required to file a return under section 238 for a designated reporting period of the registrant if the cumulative amount for the period does not exceed $1000.

  • Marginal note:Determination of net tax

    (4) Where the cumulative amount for a designated reporting period of a registrant does not exceed $1000, that amount

    • (a) shall be added in determining the registrant’s net tax for the reporting period of the registrant immediately following the designated reporting period; and

    • (b) notwithstanding any other provision of this Part, shall not be included in determining the registrant’s net tax for the designated reporting period.

  • Marginal note:Revocation by Minister

    (5) Where the Minister has made a designation under subsection (2) in respect of a reporting period of a registrant and

    • (a) the condition described in paragraph (2)(a) is no longer met in respect of the period, or

    • (b) the conditions described in paragraph (2)(c) would not be met if an application for such a designation were made at the beginning of the period,

    the Minister may revoke the designation.

  • Marginal note:Notice of revocation

    (6) Where, under subsection (5), the Minister revokes a designation of a reporting period of a registrant, the Minister shall send a notice in writing of the revocation to the registrant.

  • Marginal note:Automatic revocation

    (7) Where

    • (a) a registrant files, or is required to file, a return under section 238 or 282 for a designated reporting period of the registrant ending in a fiscal year of the registrant, or

    • (b) the Minister revokes a designation of a reporting period of a registrant ending in a fiscal year of the registrant,

    the designations under subsection (2) of all subsequent reporting periods of the registrant ending in the fiscal year are revoked.

  • Marginal note:Filing deadlines

    (8) In this Part (other than this section), any reference to the day on or before which a person is required to file a return shall, where the person is, because of subsection (3), not required to file the return, be read as a reference to the day on or before which the person would, but for that subsection, be required to file the return.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • 1994, c. 9, s. 16
  • 1996, c. 23, s. 170
  • 2002, c. 22, s. 388
  • 2022, c. 5, s. 17
  • 2022, c. 10, s. 143
  • 2022, c. 10, s. 173

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