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Version of document from 2017-03-22 to 2022-11-16:

Closely Related Corporations (GST/HST) Regulations

SOR/91-21

EXCISE TAX ACT

Registration 1990-12-18

Closely Related Corporations (GST/HST) Regulations

P.C. 1990-2730  1990-12-18

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 277(1)Footnote * of the Excise Tax Act, is pleased hereby to make the annexed Regulations prescribing a corporation that is closely related to a particular corporation.

 [Repealed, SOR/2011-56, s. 2]

Interpretation

 In these Regulations,

Act

Act means the Excise Tax Act; (Loi)

specified share

specified share means an issued and outstanding share of the capital stock of a corporation having full voting rights under all circumstances. (action déterminée)

Prescribed Corporations

 For the purposes of paragraph 128(1)(b) of the Act, a corporation (in this section referred to as the “other corporation”) is a prescribed corporation in relation to a particular corporation if

  • (a) it is the case that

    • (i) the total value and number of all specified shares of the other corporation, each of which

      • (A) is owned by the particular corporation,

      • (B) is owned by a corporation that is closely related to the particular corporation by reason of paragraph 128(1)(a) of the Act,

      • (C) is owned by

        • (I) an employee of the other corporation, of a corporation that is closely related to the other corporation by reason of paragraph 128(1)(a) of the Act, or of a corporation referred to in clause (A) or (B), or

        • (II) a corporation in respect of which employees referred to in subclause (I) hold qualifying voting control and own not less than 90% of the total value and number of all specified shares,

        where the specified shares of the other corporation, or of the corporation referred to in subclause (II), as the case may be, that are owned by employees are shares that cannot be traded on a stock exchange and the ownership of which by an employee arose in respect of the employment of the employee, or

      • (D) is held in trust for the benefit of the other corporation or of an employee referred to in subclause (C)(I) and cannot be traded on a stock exchange and the beneficial ownership of which by the employee arose in respect of the employment of the employee,

      represents not less than 90% of the total value and number of all specified shares of the other corporation,

    • (ii) the total value and number of all specified shares of the other corporation, each of which is owned by a corporation referred to in clause (i)(A) or (B), represents not less than 50% of the total value and number of all specified shares of the other corporation; and

    • (iii) the particular corporation would hold qualifying voting control in respect of the other corporation if the particular corporation were to own

      • (A) all of the issued and outstanding specified shares of the capital stock of the other corporation that are included in clauses (i)(A) to (D), and

      • (B) all of the issued and outstanding shares of the capital stock of the other corporation that are not specified shares and that would be included in clauses (i)(A) to (D) if they were specified shares; or

  • (b) qualifying voting control in respect of the other corporation is held by, and not less than 90% of the total value and number of all specified shares of the other corporation are owned by,

    • (i) the particular corporation,

    • (ii) a corporation that is closely related to the particular corporation by reason of paragraph 128(1)(a) of the Act,

    • (iii) a corporation that is a prescribed corporation in relation to the particular corporation by reason of paragraph (a), or

    • (iv) any combination of the corporations referred to in subparagraphs (i) to (iii).

  • SOR/93-242, s. 2(F)
  • SOR/94-368, s. 4(F)
  • SOR/2011-56, s. 3
  • 2016, c. 12, s. 95

 For the purposes of paragraph 128(1)(b) of the Act, each of the following corporations is a prescribed corporation in relation to every credit union if the corporation is a registrant resident in Canada:

  • (a) CDSL Canada Limited; and

  • (b) CUE Datawest Ltd.

  • SOR/2001-169, s. 2
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