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Games of Chance (GST/HST) Regulations

Version of section 8 from 2012-09-20 to 2024-10-30:


Marginal note:Net tax attributable to non-gaming activities

 A provincial gaming authority’s net tax attributable to non-gaming activities for a particular reporting period of the authority is the positive or negative amount determined by the formula

A - B

where

A
is the total of all amounts each of which is
  • (a) an amount that became collectible by the authority during the particular period, or that was collected by the authority during the particular period without having become collectible, as or on account of tax under Division II of Part IX of the Act in respect of a non-gaming supply made by the authority,

  • (b) an amount that is required under any of sections 231 to 236 of the Act to be added in determining the authority’s net tax for the particular period, or

  • (c) an amount that is required under section 236.01 of the Act to be added in determining the authority’s net tax for the particular period, but only to the extent that the authority would not be restricted from including the amount under the description of B as a consequence of subsection 9(1); and

B
is the total of
  • (a) all amounts each of which is

    • (i) an input tax credit (other than an input tax credit referred to in paragraph(b)) for the particular period or a preceding reporting period of the authority,

    • (ii) an amount in respect of a non-gaming supply that may be deducted under any of sections 231, 232 and 234 of the Act in determining the authority’s net tax for the particular period, or

    • (iii) an amount that may be deducted under section 236.01 of the Act in determining the authority’s net tax for the particular period,

    claimed in the return filed under Division V of Part IX of the Act by the authority for the particular period,

  • (b) twice the value of all amounts each of which is

    • (i) an input tax credit of the authority for the particular period or a preceding reporting period of the authority in respect of tax deemed under subsection 206(2) or (3) of the Act to have been paid by the authority, or

    • (ii) an input tax credit of the authority for the particular period or a preceding reporting period of the authority determined under subsection 193(1) of the Act,

    claimed in the return filed under Division V of Part IX of the Act by the authority for the particular period, and

  • (c) all amounts each of which is determined by the formula

    B1 × (100% - B2)

    where

    B1
    is an amount of
    • (i) a reduction, refund or credit of tax for which a credit note is received, or a debit note is issued, in the particular period by the authority in circumstances in which subsection 232(3) of the Act applies, or

    • (ii) a rebate received in the particular period by the authority on account of tax in the circumstances described in section 181.1 of the Act, and

    B2
    is the extent (expressed as a percentage) to which the authority was entitled to claim an input tax credit in respect of that tax in determining the authority’s net tax for any reporting period.
  •  SOR/98-440, s. 6
  • SOR/2012-191, s. 4

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