Acts and Regulations

2013-3 - Harmonized Sales Tax Act

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NEW BRUNSWICK
REGULATION 2013-3
under the
Harmonized Sales Tax Act
(O.C. 2013-6)
Filed January 18, 2013
1Section 17 of New Brunswick Regulation 97-28 under the Harmonized Sales Tax Act is amended in the definition “immediate family” by adding “stepfather, stepmother,” after “mother,”.
2The Regulation is amended by adding after section 17 the following:
Definition of “supply” for the purposes of Part V of the Act
17.1In Part V of the Act, “supply” means a supply as defined in subsection 123(1) of the Excise Tax Act (Canada).
3Section 18 of the Regulation is amended
(a) by adding before subsection (1) the following:
18(0.1)In this section, “dealer” means a dealer licensed under the Motor Vehicle Act or the Off-Road Vehicle Act or a person authorized by the Commissioner.
(b) in paragraph (2)(a) by striking out “five hundred dollars” and substituting “$1,000”;
(c) by repealing subsection (4) and substituting the following:
18(4)For the purposes of taxation under Part V of the Act, the fair value of a vehicle is its appraised value if
(a) the wholesale price of the vehicle is more than $1,000 greater than its purchase price as determined under subsection (1),
(b) at the time of registration of the vehicle, the person registering the vehicle submits an appraisal of the value of the vehicle made by a dealer within 14 days after the purchase of the vehicle, and
(c) the appraised value of the vehicle is greater than its purchase price as determined under subsection (1).
(d) by repealing subsection (5) and substituting the following:
18(5)If an appraisal has not been submitted under subsection (4) and the wholesale price of the vehicle is more than $1,000 greater than its purchase price as determined under subsection (1), the person registering the vehicle may, within 14 days after the vehicle is registered, obtain a written appraisal of the value of the vehicle from a dealer and submit the appraisal to the Commissioner.
4Section 20 of the Regulation is repealed and the following is substituted:
Family gifts exemption
20(1)If a person who resides in New Brunswick transfers a vehicle to a member of his or her immediate family and there is no consideration for the transfer, including assumption of an outstanding loan on the vehicle, and if the person paid the tax on the vehicle when he or she acquired it in New Brunswick, brought it into New Brunswick or received it in New Brunswick, the member to whom the vehicle is transferred is exempt from the liability to pay the tax under Part V of the Act.
20(2)If a person who resides in a province other than New Brunswick or in a territory of Canada transfers a vehicle that is registered in that province or territory to a member of his or her immediate family who resides in New Brunswick and there is no consideration for the transfer, including assumption of an outstanding loan on the vehicle, and if the person paid all tax payable on the vehicle to that province or territory, the member to whom the vehicle is transferred is exempt from the liability to pay the tax under Part V of the Act.
20(3)A person referred to in subsection (1) or (2) may not transfer more than one vehicle to the same member of his or her immediate family in any 12 month period in the circumstances provided for in subsection (1) or (2).
20(4)A vehicle that has been transferred under the circumstances provided for in subsection (1) or (2) may not be transferred under those circumstances more than once in any 12 month period.
5Paragraph 21(a) of the Regulation is repealed.
6The Regulation is amended by adding after section 21 the following:
Refunds
21.1(1)The Minister may refund the tax paid by the purchaser of a vehicle in the following circumstances:
(a) the purchaser resells the vehicle within seven days after the date of purchase; and
(b) the purchaser provides proof to the Minister that another person has, within the time referred to in paragraph (a), registered the vehicle in his or her name and paid the tax on it.
21.1(2)The Minister may refund the tax paid by the purchaser of a vehicle in New Brunswick in the following circumstances:
(a) the purchaser removes the vehicle from New Brunswick within 30 days after the date of purchase; and
(b) the purchaser provides proof to the Minister that he or she has, within the time referred to in paragraph (a), registered the vehicle outside New Brunswick and paid the tax on it there.
7Section 23.2 of the Regulation is amended
(a) in the French version
(i) by repealing the definition « avion »;
(ii) by adding the following definition in alphabetical order:
“aéronef” comprend un ballon dirigeable;(aircraft)
(b) in the definition “immediate family” by adding “stepfather, stepmother,” after “mother,”.
8The Regulation is amended by adding after section 23.2 the following:
Definition of “supply” for the purposes of Part VI of the Act
23.21In Part VI of the Act, “supply” means a supply as defined in subsection 123(1) of the Excise Tax Act (Canada).
9Section 23.3 of the French version of the Regulation is amended by striking out “les avions” and substituting “les aéronefs”.
10Section 23.4 of the Regulation is amended
(a) in paragraph (2)(a) by striking out “five hundred dollars” and substituting “$1,000”;
(b) in paragraph (4)(a) by striking out “five hundred dollars” and substituting “$1,000”;
(c) in subsection (5) by striking out “five hundred dollars” and substituting “$1,000”.
11Section 23.5 of the Regulation is repealed and the following is substituted:
Payment of tax
23.5The consumer or person liable to pay the tax on designated tangible personal property under Part VI of the Act shall pay the tax on the property within five working days after acquiring the property.
12Section 23.6 of the Regulation is repealed and the following is substituted:
Family gifts exemption
23.6(1)If a person who resides in New Brunswick transfers designated tangible personal property to a member of his or her immediate family and there is no consideration for the transfer, including assumption of an outstanding loan on the property, and if the person paid the tax on the property when he or she acquired it in New Brunswick, brought it into New Brunswick or received it in New Brunswick, the member to whom the property is transferred is exempt from the liability to pay the tax under Part VI of the Act.
23.6(2)If a person who resides in a province other than New Brunswick or in a territory of Canada transfers designated tangible personal property to a member of his or her immediate family who resides in New Brunswick and there is no consideration for the transfer, including assumption of an outstanding loan on the property, and if the person paid all tax payable on the property to that province or territory, the member to whom the property is transferred is exempt from the liability to pay the tax under Part VI of the Act.
23.6(3)A person referred to in subsection (1) or (2) may not transfer more than one aircraft to the same member of his or her immediate family in any 12 month period in the circumstances provided for in subsection (1) or (2).
23.6(4)An aircraft that has been transferred under the circumstances provided for in subsection (1) or (2) may not be transferred under those circumstances more than once in any 12 month period.
23.6(5)A person referred to in subsection (1) or (2) may not transfer more than one boat to the same member of his or her immediate family in any 12 month period in the circumstances provided for in subsection (1) or (2).
23.6(6)A boat that has been transferred under the circumstances provided for in subsection (1) or (2) may not be transferred under those circumstances more than once in any 12 month period.
13Section 23.7 of the Regulation is amended
(a) by repealing paragraph (a);
(b) in paragraph e) of the French version by striking out “d’avions, un avion repris” and substituting “d’aéronefs, un aéronef repris”.
14The Regulation is amended by adding after section 23.7 the following:
Refunds
23.71(1)The Minister may refund the tax paid by the purchaser of an aircraft in the following circumstances:
(a) the purchaser resells the aircraft within seven days after the date of purchase; and
(b) the purchaser provides proof to the Minister that another person has, within the time referred to in paragraph (a), registered the aircraft in his or her name and paid the tax on it.
23.71(2)The Minister may refund the tax paid by the purchaser of an aircraft in New Brunswick in the following circumstances:
(a) the purchaser removes the aircraft from New Brunswick within 30 days after the date of purchase; and
(b) the purchaser provides proof to the Minister that he or she has, within the time referred to in paragraph (a), removed the aircraft from New Brunswick and, if applicable, paid the tax on it to a territory or another province.
23.71(3)The Minister may refund the tax paid by the purchaser of a boat in the following circumstances:
(a) the purchaser resells the boat within seven days after the date of purchase; and
(b) the purchaser provides the Minister with a copy of the bill of sale containing the complete name, address and telephone number of the purchaser and the date of the sale.
23.71(4)The Minister may refund the tax paid by the purchaser of a boat in New Brunswick in the following circumstances:
(a) the purchaser removes the boat from New Brunswick within 30 days after the date of purchase; and
(b) the purchaser provides proof to the Minister that he or she has, within the time referred to in paragraph (a), removed the boat from New Brunswick and, if applicable, paid the tax on it to a territory or another province.