Automobile Operating Expense Benefit (GST/HST) Regulations
SOR/99-176
Registration 1999-04-15
Automobile Operating Expense Benefit (GST/HST) Regulations
P.C. 1999-626 1999-04-15
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 173(1)Footnote a and section 277Footnote b of the Excise Tax Act, hereby makes the annexed Automobile Operating Expense Benefit (GST) Regulations.
Return to footnote aS.C. 1997, c. 10, s. 165
Return to footnote bS.C. 1993, c. 27, s. 125(1)
Prescribed Percentages
1 For the purpose of subparagraph 173(1)(e)(vii) of the Excise Tax Act, the prescribed percentage is 5%.
2 For the purposes of clause 173(1)(d)(vi)(A) of the Excise Tax Act, where a registrant supplies property or a service and an amount in respect thereof is required to be included in computing an individual’s income for the purposes of the Income Tax Act for a taxation year, the prescribed percentage of the total consideration that includes that amount is
(a) 11% where
(i) the individual is an employee of the registrant and is required under subsection 6(1) of the Income Tax Act to so include the amount and the last establishment of the registrant at which the individual ordinarily worked, or to which the individual ordinarily reported, in the year in relation to that office or employment is located in a participating province, or
(ii) the individual is a shareholder of the registrant, is required under subsection 15(1) of the Income Tax Act to so include the amount and the individual is resident in a participating province at the end of the year; and
(b) 5%, in any other case.
Amendment
3 The title of these Regulations is replaced by the following:
AUTOMOBILE OPERATING EXPENSE BENEFIT (GST/HST) REGULATIONS
Application
4 Subject to sections 5 to 7, these Regulations apply to the 1993 and subsequent taxation years.
5 Section 1 applies only to amounts that are required to be included in computing an individual’s income for the purposes of the Income Tax Act for the 1993 to 1996 taxation years except that, in respect of the 1996 taxation year, the reference in that section to “subparagraph 173(1)(e)(vii)” shall be read as a reference to “clause 173(1)(d)(vi)(A)”.
6 Section 2 applies only to amounts that are required to be included in computing an individual’s income for the purposes of the Income Tax Act for the 1997 and subsequent taxation years except that, in respect of the 1997 taxation year, the reference in that section to “11%” shall be read as a reference to “9.5%”.
7 Section 3 is deemed to have come into force on April 1, 1997.
- Date modified: