Coin-operated Devices (Streamlined Accounting Users) Remission Order (SI/2003-166)

Interpretation

1 The definitions in this section apply in this Order.

Act

Act means the Excise Tax Act. (Loi)

eligible claimant

eligible claimant, in respect of a reporting period, means a registrant who has made an election, under section 227 of the Act, which applies to that reporting period. (demandeur admissible)

eligible period

eligible period means the period beginning on January 1, 1991 and ending on April 23, 1996. (période admissible)

eligible supply

eligible supply means a supply in respect of which the tax payable under Division II of Part IX of the Act would be equal to zero because of subsection 165.1(2) of the Act if that subsection were in effect at the time the supply was made. (fourniture admissible)

net tax

net tax has the same meaning as in Division V of Part IX of the Act. (taxe nette)

person

person has the meaning assigned by subsection 123(1) of the Act. (personne)

registrant

registrant means a person who, at any time during the eligible period, was a registrant within the meaning assigned by subsection 123(1) of the Act. (inscrit)

reporting period

reporting period of a registrant has the meaning assigned by subsection 123(1) of the Act. (période de déclaration)

Remission of the Goods and Services Tax

2 Subject to sections 3 and 5, remission is hereby granted to a registrant of any amount collected or collectible by the registrant as or on account of tax under Division II of Part IX of the Act in respect of eligible supplies made by the registrant in a reporting period of the registrant beginning in the eligible period and during which the registrant was an eligible claimant.

3 The amount of the remission granted under section 2 with respect to a reporting period of a registrant is reduced by the total of all amounts that were collected or collectible by the registrant as or on account of tax under Division II of Part IX of the Act in respect of the eligible supplies and that are included in the net tax for the reporting period, or portion of that net tax, that remains unpaid at the time the registrant files an application for remission under section 5, if

• (a) that net tax is a positive amount;

• (b) an assessment of that net tax has not been made under section 296 of the Act before the time at which the registrant files the application; and

• (c) such assessment cannot, because of section 298 of the Act, be made at or after that time.

4 Remission of interest and penalties paid by a registrant in respect of any amount for which a remission under section 2 is granted is hereby granted to the registrant.

Condition

5 A remission shall be granted if an eligible claimant files an application in writing for the remission with the Minister of National Revenue not later than two years after the day on which this Order is made, except to the extent to which the amount has otherwise been rebated, credited or remitted to the registrant under the Act or the Financial Administration Act.