Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations

Marginal note:Percentage — defined contribution plans, profit sharing plans, RESPs and retirement compensation arrangements

• 35 (1) If a selected listed financial institution is, in a particular period in which a fiscal year of the financial institution ends, an investment plan and a pension entity of a particular defined contribution pension plan (other than a pension entity described in section 38) or a private investment plan that is a trust governed by a particular deferred profit sharing plan, a particular employees profit sharing plan, a particular registered education savings plan or a particular retirement compensation arrangement, the financial institution’s percentage for a participating province and for the particular period is

  • (a) in the case of any one participating province (in this section referred to as the “selected province”) having the highest tax rate on the first day of the fiscal year, the percentage determined by the formula

    A/B

    where

    A

    is the total of all amounts, each of which is determined for an attribution point in respect of the financial institution for the particular period by the formula

    (A₁/A₂) + [A₃ × (A₁/A₄)] + [(1 – A₃) – (A₄/A₂)]

    where

    A₁

    is the total of all amounts, each of which is the total value, on the attribution point, of the assets of the particular plan or arrangement that are reasonably attributable to a plan member of the financial institution that the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, is resident in the selected province on the attribution point,

    A₂

    is the total value, on the attribution point, of the assets of the particular plan or arrangement other than the assets that are reasonably attributable to plan members of the financial institution that the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, are not resident in Canada on the attribution point,

    A₃

    is the lesser of 0.1 and the amount determined by the formula

    C/D

    where

    C

    is the total of all amounts, each of which is the total value, on the attribution point, of the assets of the particular plan or arrangement that are reasonably attributable to a plan member of the financial institution in respect of which the financial institution, on December 31 of the calendar year in which the fiscal year ends,

    • (i) does not know whether or not the plan member is resident in Canada on the attribution point, or

    • (ii) knows that the plan member is resident in Canada on the attribution point but does not know the province in which the plan member is resident on the attribution point, and

    D

    is the amount determined for A₂, and

    A₄

    is the total of all amounts, each of which is the total value, on the attribution point, of the assets of the particular plan or arrangement that are reasonably attributable to a plan member of the financial institution resident in Canada on the attribution point in respect of which the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, the province in which the plan member is resident on the attribution point, and

    B

    is the number of attribution points in respect of the financial institution for the particular period;

  • (b) in the case of a participating province (other than the selected province) in which the financial institution has a permanent establishment in the particular period, the percentage determined by the formula

    A/B

    where

    A

    is the total of all amounts, each of which is determined for an attribution point in respect of the financial institution for the particular period by the formula

    (A₁/A₂) + [A₃ × (A₁/A₄)]

    where

    A₁

    is the total of all amounts, each of which is the total value, on the attribution point, of the assets of the particular plan or arrangement that are reasonably attributable to a plan member of the financial institution that the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, is resident in the participating province on the attribution point,

    A₂

    is the total value, on the attribution point, of the assets of the particular plan or arrangement other than the assets that are reasonably attributable to plan members of the financial institution that the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, are not resident in Canada on the attribution point,

    A₃

    is the lesser of 0.1 and the amount determined by the formula

    C/D

    where

    C

    is the total of all amounts, each of which is the total value, on the attribution point, of the assets of the particular plan or arrangement that are reasonably attributable to a plan member of the financial institution in respect of which the financial institution, on December 31 of the calendar year in which the fiscal year ends,

    • (i) does not know whether or not the plan member is resident in Canada on the attribution point, or

    • (ii) knows that the plan member is resident in Canada on the attribution point but does not know the province in which the plan member is resident on the attribution point, and

    D

    is the amount determined for A₂, and

    A₄

    is the total of all amounts, each of which is the total value, on the attribution point, of the assets of the particular plan or arrangement that are reasonably attributable to a plan member of the financial institution resident in Canada on the attribution point in respect of which the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, the province in which the plan member is resident on the attribution point, and

    B

    is the number of attribution points in respect of the financial institution for the particular period; and

  • (c) in the case of any other participating province, nil.

• Marginal note:Attribution of plan members to a participating province

  (2) For the purposes of subsection (1), if a selected listed financial institution is a pension entity of a particular pension plan or is a private investment plan that is a trust governed by a particular deferred profit sharing plan, a particular employees profit sharing plan, a particular registered education savings plan or a particular retirement compensation arrangement and if, for any attribution point in respect of the financial institution for a particular period in which a fiscal year of the financial institution ends, the total of all amounts — each of which is the total value, on the attribution point, of the assets of the particular plan or arrangement that are reasonably attributable to a plan member (in this subsection referred to as a “known member”) of the financial institution in respect of which the financial institution knows, on December 31 of the calendar year in which the fiscal year ends, whether or not the plan member is resident in Canada on the attribution point and, in the case of plan members resident in Canada, the province in which the plan member is resident on the attribution point — is less than 50% of the total value, on the attribution point, of the assets of the particular plan or particular arrangement, the following rules apply:

  • (a) the total value on the attribution point of the assets of the particular plan or particular arrangement, other than the assets of the particular plan or particular arrangement that are reasonably attributable to the known members, is deemed to be attributable to a particular person and not to any other person;

  • (b) the particular person is deemed to be a plan member of the financial institution and to be resident on the attribution point in Canada and in the selected province referred to in subsection (1) for the particular period; and

  • (c) the financial institution is deemed to know on December 31 of the calendar year that the particular person is, on the attribution point, resident in Canada and in the selected province.