Acts and Regulations

87-141 - General

Full text
NEW BRUNSWICK
REGULATION 87-141
under the
Financial Corporation Capital Tax Act
(O.C. 87-852)
Filed October 5, 1987
Under section 24 of the Financial Corporation Capital Tax Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Financial Corporation Capital Tax Act.
2(1)In this section
“A” means the value of the amount taxable of a financial corporation that is used by the financial corporation in a jurisdiction outside New Brunswick;
“aggregate amount of loans” means the aggregate of the amounts outstanding on loans made by a financial corporation that is a bank, as determined at the close of business on the last day of each month in a fiscal year, divided by twelve;
“amounts of deposits” means the aggregate of the amounts on deposit with a financial corporation that is a bank, as determined at the close of business on the last day of each month in a fiscal year, divided by twelve;
“B” means the amount taxable;
“C” means the aggregate of the salaries and wages paid in a fiscal year by a financial corporation that is a bank to employees of its permanent establishments in jurisdictions outside New Brunswick;
“E” means the gross revenue of the permanent establishments of a financial corporation that is a trust company or loan company, in jurisdictions outside New Brunswick and is equal to the aggregate of the financial corporation’s gross revenue for a fiscal year arising from
(a) loans secured by real property situated outside New Brunswick,
(b) loans not secured by real property and made to persons residing outside New Brunswick, and
(c) business conducted at the financial corporation’s permanent establishments in jurisdictions outside New Brunswick, other than revenue arising from loans;
“F” means the total gross revenue of a financial corporation that is a trust company or loan company, in all jurisdictions for a fiscal year;
“S” means the aggregate of the salaries and wages paid in a fiscal year by a financial corporation that is a bank, to its employees in all jurisdictions;
“Y” means the amount determined by multiplying by two the aggregate amount of loans made by, and the amount of deposits with, the permanent establishments of a financial corporation that is a bank, in jurisdictions outside New Brunswick in a fiscal year;
“Z” means the aggregate amounts of loans made by, and the amount of deposits with, a financial corporation that is a bank, in all jurisdictions in a fiscal year.
2(2)For the purposes of this section, deposits and loans do not include bonds, stocks, debentures, items in transit and deposits in favour of Her Majesty the Queen in right of Canada.
2(3)The value of the amount taxable of a financial corporation that is a trust company or loan company that is used by the financial corporation in a jurisdiction outside the Province shall be computed in accordance with the following formula:
A
=
B
×
E F
2(4)The value of the amount taxable of a financial corporation that is a bank that is used by the financial corporation in a jurisdiction outside New Brunswick shall be computed in accordance with the following formula:
3The taxable paid-up capital employed in Canada of a non-resident financial corporation is its paid-up capital employed in Canada less ten million dollars.
4A financial corporation capital tax return shall be in Form 1.
4.1A financial corporation shall keep any records, information, books or accounts pertaining to a return for a period of six years after the end of the fiscal year to which the return relates.
2003-41
5This Regulation shall be deemed to have come into force on April 1, 1987
N.B. This Regulation is consolidated to September 30, 2003.