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Credit Note and Debit Note Information (GST/HST) Regulations (SOR/91-44)

Regulations are current to 2022-09-22 and last amended on 2014-10-31. Previous Versions

Credit Note and Debit Note Information (GST/HST) Regulations

SOR/91-44

EXCISE TAX ACT

Registration 1990-12-18

Credit Note and Debit Note Information (GST/HST) Regulations

P.C. 1990-2754  1990-12-18

His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsections 232(3)Footnote * and 277(1)Footnote * of the Excise Tax Act, is pleased hereby to make the annexed Regulations prescribing the information that is to be contained in a credit note.

 [Repealed, SOR/2014-248, s. 13]

Interpretation

[
  • SOR/2000-179, s. 3(F)
]

 The definitions in this section apply in these Regulations.

Act

Act means the Excise Tax Act. (Loi)

intermediary

intermediary of a person, means, in respect of a supply, a registrant who, acting as agent of the person or under an agreement with the person, causes or facilitates the making of the supply by the person. (intermédiaire)

  • SOR/2000-179, s. 4

Prescribed Information

 For the purpose of paragraph 232(3)(a) of the Act, the following information is prescribed information that is to be contained in a credit note or a debit note, as the case may be, relating to one or more supplies:

  • (a) a statement or other indication that the document in question is a credit note or a debit note;

  • (b) the name of the supplier or an intermediary in respect of the supply, or the name under which the supplier or the intermediary does business, and the registration number assigned under section 241 of the Act to the supplier or the intermediary, as the case may be;

  • (c) the recipient’s name, the name under which the recipient does business or the name of the recipient’s duly authorized agent or representative;

  • (d) the date on which the credit note is issued;

  • (e) if the note is issued in respect of a patronage dividend in circumstances in which subsection 233(2) of the Act applies, the amount of the adjustment, refund or credit of tax that the issuer of the dividend is deemed under paragraph 233(2)(b) of the Act to have made in respect of the supplies to which the dividend relates; and

  • (f) except when paragraph (e) applies,

    • (i) if the note is issued for a total amount that includes the amount by which the consideration for one or more taxable supplies (other than zero-rated supplies), and the tax calculated thereon, have been reduced,

      • (A) the amount of the adjustment, refund or credit of tax that is included in that total, or

      • (B) all of the following, namely,

        • (I) a statement to the effect that that total includes the adjustment, refund or credit of tax,

        • (II) the total (in this clause referred to as the “total tax rate”) of the rates at which tax was paid or payable in respect of each of the taxable supplies that is not a zero-rated supply and for which there is a reduction in tax, and

        • (III) either the total reduction of consideration and tax in respect of each such supply or the total reduction of consideration and tax in respect of all such supplies to which the same total tax rate applies, and

    • (ii) in any other case, the amount of the adjustment, refund or credit of tax for which the note is issued.

  • SOR/2000-179, s. 5
  • SOR/2014-248, s. 14

RELATED PROVISIONS

  • — SOR/2000-179, s. 6

      • 6. (1) Sections 1 and 2 and subsections 5(1), (3) and (5) are deemed to have come into force on December 31, 1990, except that, before April 1997, the reference to “(GST/HST)” in section 1 of the Regulations, as enacted by section 2, shall be read as a reference to “(GST)”.

      • (2) Sections 3 and 4 are deemed to have come into force on April 24, 1996.

      • (3) Subsection 5(2) applies in relation to supplies made after April 23, 1996.

      • (4) Subsections 5(4) and (6) apply to credit notes and debit notes issued after March 1997 except that, in relation to credit or debit notes issued before February 1998, clause 3(f)(i)(B) of the Regulations, as enacted by subsection 5(6), shall be read as follows:

        (B) a statement to the effect that that total includes the adjustment, refund or credit of tax, and

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