Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)
Full Document:
Assented to 2013-12-12
68. (1) Section 156 of the Act is amended by adding the following after subsection (3):
Marginal note:Payments by SIFT trusts
(4) Subsections (1) to (3) and section 156.1 do not apply to a SIFT trust.
(2) Subsection (1) applies to taxation years that begin after July 20, 2011.
69. (1) Clause 157(1.5)(a)(ii)(B) of the English version of the Act is replaced by the following:
(B) the amount obtained when the estimated tax payable by the corporation, if any, under Parts VI and XIII.1 for the taxation year is divided by the number of months that end in the taxation year and after the particular time; and
(2) Paragraph 157(1.5)(b) of the English version of the Act is replaced by the following:
(b) the remainder of the taxes payable by it under this Part and Parts VI, VI.1 and XIII.1 for the taxation year on or before its balance-due day for the year.
(3) Section 157 of the Act is amended by adding the following after subsection (1.5):
Marginal note:Application to SIFT trusts
(2) Subsections (1), (2.1) and (4) apply to a SIFT trust with any modifications that the circumstances require.
(4) Subsections (1) and (2) apply to taxation years that begin after 2007.
(5) Subsection (3) applies to taxation years that begin after July 20, 2011.
70. (1) Section 162 of the Act is amended by adding the following after subsection (5):
Marginal note:Failure to provide claim preparer information
(5.1) Every person or partnership who makes, or participates in, assents to or acquiesces in the making of, a false statement or omission in respect of claim preparer information required to be included in an SR&ED form is jointly and severally, or solidarily, liable, together with any claim preparer of the form, to a penalty equal to $1,000.
Marginal note:Due diligence
(5.2) A claim preparer of an SR&ED form is not liable for a penalty under subsection (5.1) in respect of a false statement or omission if the claim preparer has exercised the degree of care, diligence and skill to prevent the making of the false statement or omission that a reasonably prudent person would have exercised in comparable circumstances.
Marginal note:Definitions
(5.3) The following definitions apply in this subsection and subsections (5.1) and (5.2).
“claim preparer”
« préparateur »
“claim preparer”, of an SR&ED form, means a person or partnership who agrees to accept consideration to prepare, or assist in the preparation of, the form but does not include an employee who prepares, or assists in the preparation of, the form in the course of performing their duties of employment.
“claim preparer information”
« renseignements relatifs au préparateur »
“claim preparer information” means prescribed information regarding
(a) the identity of the claim preparer, if any, of an SR&ED form, and
(b) the arrangement under which the claim preparer agrees to accept consideration in respect of the preparation of the form.
“SR&ED form”
« formulaire de RS&DE »
“SR&ED form” means a prescribed form required to be filed under subsection 37(11).
(2) Subsection (1) comes into force on the later of January 1, 2014 and the day on which this Act receives royal assent.
71. (1) The Act is amended by adding the following after section 163.2:
Marginal note:Definitions
163.3 (1) The following definitions apply in this section.
“electronic cash register”
« caisse enregistreuse électronique »
“electronic cash register” means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data or any other electronic point-of-sale system.
“electronic suppression of sales device”
« appareil de suppression électronique des ventes »
“electronic suppression of sales device” means
(a) a software program that falsifies the records of electronic cash registers, including transaction data and transaction reports; or
(b) a hidden programming option, whether preinstalled or installed at a later time, embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that
(i) may be used to create a virtual second till, or
(ii) may eliminate or manipulate transaction records, which may or may not be preserved in digital formats, in order to represent the actual or manipulated record of transactions in the electronic cash register.
“service”
« service »
“service” has the same meaning as in subsection 123(1) of the Excise Tax Act.
Marginal note:Penalty — use
(2) Every person that uses, or that knowingly, or under circumstances attributable to neglect, carelessness or wilful default, participates in, assents to or acquiesces in the use of, an electronic suppression of sales device or a similar device or software in relation to records that are required to be kept by any person under section 230 is liable to a penalty of
(a) unless paragraph (b) applies, $5,000; or
(b) $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this section or section 285.01 of the Excise Tax Act.
Marginal note:Penalty — possession
(3) Every person that acquires or possesses an electronic suppression of sales device or a right in respect of an electronic suppression of sales device that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 230 is liable to a penalty of
(a) unless paragraph (b) applies, $5,000; or
(b) $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this section or section 285.01 of the Excise Tax Act.
Marginal note:Penalty — manufacturing or making available
(4) Every person that designs, develops, manufactures, possesses for sale, offers for sale, sells, transfers or otherwise makes available to another person, or that supplies installation, upgrade or maintenance services for, an electronic suppression of sales device that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 230 is liable to a penalty of
(a) unless paragraph (b) or (c) applies, $10,000;
(b) unless paragraph (c) applies, $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under subsection (2) or (3) or subsection 285.01(2) or (3) of the Excise Tax Act; or
(c) $100,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this subsection or subsection 285.01(4) of the Excise Tax Act.
Marginal note:Assessment
(5) The Minister may at any time assess a taxpayer in respect of any penalty payable by a person under subsections (2) to (4), and the provisions of this Division apply, with any modifications that the circumstances require, in respect of an assessment made under subsections (2) to (4) as though it had been made under section 152.
Marginal note:Limitation
(6) Despite section 152, if at any time the Minister assesses a penalty payable by a person under subsections (2) to (4), the Minister is not to assess, at or after that time, another penalty payable by the person under subsections (2) to (4) that is in respect of an action of the person that occurred before that time.
Marginal note:Certain defences not available
(7) Except as otherwise provided in subsection (8), a person does not have a defence in relation to a penalty assessed under subsections (2) to (4) by reason that the person exercised due diligence to prevent the action from occurring.
Marginal note:Due diligence
(8) A person is not liable for a penalty under subsection (3) or (4) in respect of an action of the person if the person exercised the degree of care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances to prevent the action from occurring.
Marginal note:Assessment vacated
(9) For the purposes of subsections (2) to (8), if an assessment of a penalty under subsections (2) to (4) is vacated, the penalty is deemed to have never been assessed.
(2) Subsection (1) comes into force on the later of the day on which this Act receives royal assent and January 1, 2014.
72. (1) The portion of subsection 197(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Provisions applicable to Part
(6) Subsection 150(2), section 152, subsections 157(1), (2.1) and (4), sections 158, 159 and 161 to 167 and Division J of Part I apply to this Part, with any modifications that the circumstances require, and for greater certainty,
(2) Subsection (1) applies to taxation years that begin after July 20, 2011.
73. (1) The portion of subsection 204.81(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions for registration
204.81 (1) The Minister may register a corporation for the purposes of this Part if the corporation’s application for registration was received before March 21, 2013 and if, in the opinion of the Minister, it complies with the following conditions:
(2) Subsection (1) is deemed to have come into force on March 21, 2013.
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