Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)
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Assented to 2019-06-21
PART 1Income Tax Act and Other Legislation (continued)
C.R.C., c. 945Income Tax Regulations (continued)
62 (1) Paragraphs (a) and (b) of Class 43.2 in Schedule II to the Regulations are replaced by the following:
(a) otherwise than because of paragraph (d) of that Class, if the expression “6,000 BTU” in clause (c)(i)(B) of that Class were read as “4,750 BTU”; or
(b) because of paragraph (d) of that Class, if
(i) the expression “6,000 BTU” in clause (c)(i)(B) of that Class were read as “4,750 BTU”,
(ii) subclauses (d)(xvii)(C)(I) and (II) of that Class were read as follows:
(I) an electric vehicle charging station (other than a building) that supplies at least 90 kilowatts of continuous power, or
(II) used
1 primarily in connection with one or more electric vehicle charging stations (other than buildings) each of which supplies more than 10 kilowatts of continuous power, and
2 in connection with one or more electric vehicle charging stations (other than buildings) each of which supplies at least 90 kilowatts of continuous power, or
and
(iii) clause (d)(xviii)(B) of that Class were read without reference to its subclause (II).
(2) Subsection (1) applies to property acquired after March 21, 2016 that has not been used or acquired for use before March 22, 2016.
63 (1) Schedule II to the Regulations is amended by adding the following after Class 53:
CLASS 54
Property that is a zero-emission vehicle that is not included in Class 16 or 55.
CLASS 55
Property that is a zero-emission vehicle that would otherwise be included in Class 16.
(2) Subsection (1) is deemed to have come into force on March 19, 2019.
64 Paragraph 1(a) of Schedule IV to the Regulations is replaced by the following:
(a) an amount equal to
(i) if the property is an accelerated investment incentive property acquired in the year,
(A) if the property is acquired before 2024, 1.5 times an amount computed on the basis of a rate per cord, board foot or cubic metre cut in the taxation year, and
(B) if the property is acquired after 2023, 1.25 times an amount computed on the basis of a rate per cord, board foot or cubic metre cut in the taxation year, and
(ii) in any other case, an amount computed on the basis of a rate per cord, board foot or cubic metre cut in the taxation year, and
65 Paragraph 2(a) of Schedule IV to the Regulations is replaced by the following:
(a) the undepreciated capital cost to the taxpayer as of the end of the taxation year (before making any deduction under section 1100 for the taxation year and computed as if subparagraph 1(a)(i) did not apply) of the property
66 Section 2 of Schedule V to the Regulations is replaced by the following:
2 If the taxpayer has not been granted an allowance in respect of the mine or right for a previous taxation year, the rate for a taxation year is determined by the formula
A(B – C)/D
where
- A
- is
(a) 1.5, if the property is an accelerated investment incentive property acquired before 2024,
(b) 1.25, if the property is an accelerated investment incentive property acquired after 2023, and
(c) 1, in any other case;
- B
- is the capital cost of the mine or right to the taxpayer;
- C
- is the residual value, if any, of the mine or right; and
- D
- is
(a) if the taxpayer has acquired a right to remove only a specified number of units, the specified number of units of material that the taxpayer acquired a right to remove, and
(b) in any other case, the number of units of commercially mineable material estimated as being in the mine when the mine or right was acquired.
67 (1) Paragraph 3(a) of Schedule V to the Regulations is replaced by the following:
(a) if paragraph (b) does not apply,
(i) if section 2 applied in the previous year to determine the rate employed to determine the allowance for the year, the rate that would have been determined under section 2 if paragraph (c) of the description of A in that section applied, and
(ii) in any other case, the rate employed to determine the allowance for the most recent year for which an allowance was granted; and
(2) The portion of paragraph 3(b) of Schedule V to the Regulations before subparagraph (i) is replaced by the following:
(b) where it has been established that the number of units of material remaining to be mined in the previous taxation year was in fact different from the quantity that was employed in determining the rate for the previous year referred to in paragraph (a), or where it has been established that the capital cost of the mine or right is substantially different from the amount that was employed in determining the rate for that previous year, a rate determined by dividing the amount that would be the undepreciated capital cost to the taxpayer of the mine or right as of the commencement of the year if paragraph (c) of the description of A in section 2 had applied in respect of each previous taxation year minus the residual value, if any, by
68 Section 2 of Schedule VI to the Regulations is replaced by the following:
2 If the taxpayer has not been granted an allowance in respect of the limit or right for a previous taxation year, the rate for a taxation year is an amount determined by the formula
A(B – (C +D))/E
where
- A
- is
(a) 1.5, if the property is an accelerated investment incentive property acquired before 2024,
(b) 1.25, if the property is an accelerated investment incentive property acquired after 2023, and
(c) 1, in any other case;
- B
- is the capital cost of the mine or right to the taxpayer;
- C
- is the residual value of the timber limit;
- D
- is the total of all amounts expended by the taxpayer after the commencement of the taxpayer’s 1949 taxation year that are included in the capital cost to the taxpayer of the timber limit or right, for surveys, cruises or preparation of prints, maps or plans for the purpose of obtaining a licence or right to cut timber; and
- E
- is the quantity of timber in the limit or the quantity of timber the taxpayer has obtained a right to cut, as the case may be, (expressed in cords, board feet or cubic metres) as shown by a cruise.
69 (1) Paragraph 3(a) of Schedule VI to the Regulations is replaced by the following:
(a) if paragraph (b) does not apply,
(i) if section 2 applied in the previous year to determine the rate employed to determine the allowance for the year, the rate that would have been determined under section 2 if paragraph (c) of the description of A in that section applied, and
(ii) in any other case, the rate employed to determine the allowance for the most recent year for which an allowance was granted; and
(2) Subparagraph 3(b)(i) of Schedule VI to the Regulations is replaced by the following:
(i) the amount that would be the undepreciated capital cost to the taxpayer of the limit or right as of the commencement of the year if paragraph (c) of the description of A in section 2 had applied in respect of each previous taxation year, minus the residual value,
PART 2GST/HST Measures
R.S., c. E-15Excise Tax Act
Marginal note:1990, c. 45, s. 12(1)
70 (1) The definition passenger vehicle in subsection 123(1) of the Excise Tax Act is replaced by the following:
- passenger vehicle
passenger vehicle means a passenger vehicle or a zero-emission passenger vehicle, as those terms are defined in subsection 248(1) of the Income Tax Act; (voiture de tourisme)
(2) Subsection (1) is deemed to have come into force on March 19, 2019.
Marginal note:2007, c. 18, s. 15(1)
71 (1) The portion of the description of A in paragraph 201(b) of the French version of the Act before subparagraph (i) is replaced by the following:
- A
- représente la taxe qui serait payable par lui relativement à la voiture s’il l’avait acquise à l’endroit ci-après au moment donné pour une contrepartie égale au montant qui serait, selon celui des alinéas 13(7)g) à i) de la Loi de l’impôt sur le revenu qui est applicable relativement à la voiture, réputé être, pour l’application de l’article 13 de cette loi, le coût en capital pour un contribuable d’une voiture de tourisme à laquelle l’alinéa en cause s’applique s’il n’était pas tenu compte de l’élément B des formules figurant à l’alinéa 7307(1)b) et au paragraphe 7307(1.1) du Règlement de l’impôt sur le revenu :
Marginal note:2007, c. 18, s. 15(1)
(2) The portion of the description of A in paragraph 201(b) of the English version of the Act after subparagraph (ii) is replaced by the following:
for consideration equal to the amount that would, under whichever of paragraphs 13(7)(g) to (i) of the Income Tax Act is applicable in respect of the vehicle, be deemed to be, for the purposes of section 13 of that Act, the capital cost to a taxpayer of a passenger vehicle in respect of which that paragraph applies if the formulae in paragraph 7307(1)(b) and subsection 7307(1.1) of the Income Tax Regulations were read without reference to the description of B,
(3) Subsections (1) and (2) apply to any passenger vehicle that is acquired, imported or brought into a participating province after March 18, 2019.
Marginal note:2007, c. 18, s. 16(1)
72 (1) Subsection 202(1) of the Act is replaced by the following:
Marginal note:Improvement to passenger vehicle
202 (1) If the consideration paid or payable by a registrant for an improvement to a passenger vehicle of the registrant increases the cost to the registrant of the vehicle to an amount that exceeds the amount that would, under whichever of paragraphs 13(7)(g) to (i) of the Income Tax Act is applicable in respect of the vehicle, be deemed to be, for the purposes of section 13 of that Act, the capital cost to a taxpayer of a passenger vehicle in respect of which that paragraph applies if the formulae in paragraph 7307(1)(b) and subsection 7307(1.1) of the Income Tax Regulations were read without reference to the description of B, the tax calculated on that excess shall not be included in determining an input tax credit of the registrant for any reporting period of the registrant.
(2) Subsection (1) applies to any improvement to a passenger vehicle that is acquired, imported or brought into a participating province after March 18, 2019.
Marginal note:2017, c. 33, s. 125(1)
73 (1) Subparagraph (b)(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following:
(ii) the recipient is not acquiring the property for consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;
Marginal note:2017, c. 33, s. 125(2)
(2) Subparagraph (b.01)(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following:
(ii) the recipient is not acquiring the property for consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;
Marginal note:2017, c. 33, s. 125(4)
(3) Subparagraph (b.1)(ii) of the definition imported taxable supply in section 217 of the Act is replaced by the following:
(ii) the recipient is not acquiring, as the recipient of the taxable supply, the property for consumption, use or supply exclusively in the course of its commercial activities or the property is a passenger vehicle that the recipient is acquiring for use in Canada as capital property in its commercial activities and that has a capital cost to the recipient exceeding the amount deemed under any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost of the vehicle to the recipient for the purposes of section 13 of that Act;
(4) Subsections (1) to (3) apply in respect of supplies made after March 18, 2019.
Marginal note:2017, c. 33, s. 134(F)
74 (1) The portion of subsection 235(1) of the French version of the Act before the formula is replaced by the following:
Marginal note:Taxe nette en cas de location de voiture de tourisme
235 (1) Lorsque la taxe relative aux fournitures d’une voiture de tourisme, effectuées aux termes d’un bail, devient payable par un inscrit, ou est payée par lui sans être devenue payable, au cours de son année d’imposition, et que le total de la contrepartie des fournitures qui serait déductible dans le calcul du revenu de l’inscrit pour l’année pour l’application de la Loi de l’impôt sur le revenu s’il était un contribuable aux termes de cette loi et s’il n’était pas tenu compte de l’article 67.3 de cette loi, excède le montant, relatif à cette contrepartie, qui serait déductible dans le calcul du revenu de l’inscrit pour l’année pour l’application de cette loi s’il était un contribuable aux termes de cette loi et s’il n’était pas tenu compte de l’élément B des formules figurant à l’alinéa 7307(1)b), au paragraphe 7307(1.1) et à l’alinéa 7307(3)b) du Règlement de l’impôt sur le revenu, le montant obtenu par la formule ci-après est ajouté dans le calcul de la taxe nette de l’inscrit pour la période de déclaration indiquée :
Marginal note:2007, c. 18, s. 32(1)
(2) Paragraph 235(1)(b) of the English version of the Act is replaced by the following:
(b) the amount in respect of that consideration that would be deductible in computing the registrant’s income for the year for the purposes of the Income Tax Act, if the registrant were a taxpayer under that Act and the formulae in paragraph 7307(1)(b), subsection 7307(1.1) and paragraph 7307(3)(b) of the Income Tax Regulations were read without reference to the description of B,
(3) Subsections (1) and (2) are deemed to have come into force on March 19, 2019.
75 (1) Part II of Schedule V to the Act is amended by adding the following after section 7.3:
7.4 A supply of a service if all or substantially all of the consideration for the supply is reasonably attributable to two or more particular services, each of which meets the following conditions:
(a) the particular service is rendered in the course of making the supply; and
(b) a supply of the particular service would be a supply included in any of sections 5 to 7.3, if the particular service were supplied separately.
(2) Subsection (1) applies to any supply made after March 19, 2019.
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