Acts and Regulations

97-28 - General

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NEW BRUNSWICK
REGULATION 97-28
under the
Harmonized Sales Tax Act
(O.C. 97-318)
Filed April 24, 1997
Under sections 5, 13, 21 and 30 of the Harmonized Sales Tax Act, the Lieutenant-Governor in Council makes the following Regulation:
2000-12
Citation
1This Regulation may be cited as the General Regulation - Harmonized Sales Tax Act.
Definitions
2In this Regulation
“Act” means the Harmonized Sales Tax Act.(Loi)
I
TRANSITION
Application
3This Part applies with respect to Part II of the Act.
Definitions for Part I of Regulation and Part II of Act
4(1)In this Part and for the purposes of Part II of the Act
“qualifying residential complex” means a residential complex, the construction or substantial renovation of which began before April 1, 1997, other than a(immeuble d’habitation déterminé)
(a) floating home,
(b) mobile home, modular home or manufactured home,
(c) residential condominium unit,
(d) single unit residential complex that was occupied by an individual as a place of residence or lodging after the construction or substantial renovation of the complex began and before April 1, 1997,
(e) multiple unit residential complex, in which a residential unit was occupied by an individual as a place of residence or lodging after the construction or substantial renovation of the complex began and before April 1, 1997, and
(f) residential complex where tax is not payable under subsection 165(2) of the Excise Tax Act (Canada) in respect of a supply of the complex because of subsection 351(1) or (5) of that Act or in respect of a supply of services relating to the construction or substantial renovation of the complex because of subsection 351(7) or (8) of that Act,
and includes a qualifying addition.
Definitions for Part I of Regulation
4(2)In this Part
“builder” means a builder as defined in subsection 123(1) of the Excise Tax Act (Canada);(constructeur)
“condominium complex” means a condominium complex as defined in subsection 123(1) of the Excise Tax Act (Canada);(immeuble d’habitation en copropriété)
“floating home” means a floating home as defined in subsection 123(1) of the Excise Tax Act (Canada);(maison flottante)
“mobile home” means a mobile home as defined in subsection 123(1) of the Excise Tax Act (Canada);(maison mobile)
“multiple unit residential complex” means a multiple unit residential complex as defined in subsection 123(1) of the Excise Tax Act (Canada);(immeuble d’habitation à logements multiples)
“qualifying addition” means an addition to a multiple unit residential complex other than an addition in which a residential unit was occupied by an individual as a place of residence or lodging after the construction of the addition began and before April 1, 1997;(adjonction déterminée)
“qualifying interior floor space” of a qualifying residential complex includes the width of the enclosing walls of the complex that are not adjacent to another complex and half of the width of the enclosing walls of the complex that are adjacent to another complex but does not include(surface déterminée)
(a) storage rooms, attics and basements, unless they are finished to a standard comparable to the living areas of the complex by the builder of the complex,
(b) parking areas,
(c) areas set aside for the placement of equipment for the heating of or the supply of water, gas or electricity to the complex, or
(d) in the case of a residential complex that is a condominium complex,
(i) a residential condominium unit where the unit was occupied by an individual as a place of residence or lodging after the construction or substantial renovation of the complex began and before April 1, 1997, or where tax is not payable under subsection 165(2) of the Excise Tax Act (Canada) in respect of a supply of the unit because of subsection 351(3) of that Act,
(ii) half of the width of the enclosing walls of the unit referred to in subparagraph (i) that are adjacent to other units, and
(iii) the proportion of the total interior floor space of the common areas of the condominium complex that the number of square metres of interior floor space of the unit referred to in subparagraph (i) is of the total number of square metres of interior floor space of all condominium units in the condominium complex;
“residential complex” means a residential complex as defined in subsection 123(1) of the Excise Tax Act (Canada);(immeuble d’habitation)
“residential condominium unit” means a residential condominium unit as defined in subsection 123(1) of the Excise Tax Act (Canada);(logement en copropriété)
“residential unit” means a residential unit as defined in subsection 123(1) of the Excise Tax Act (Canada);(habitation)
“single unit residential complex” means a single unit residential complex as defined in subsection 123(1) of the Excise Tax Act (Canada);(immeuble d’habitation à logement unique)
“substantial renovation” means a substantial renovation as defined in subsection 123(1) of the Excise Tax Act (Canada).(rénovations majeures)
Prescribed date
5The date for the purposes of the application of Part II of the Act is March 31, 1997.
Continuous goods and services
6Where any goods or services are delivered, performed or made available on a continuous basis by means of a wire, pipeline or other conduit in a period commencing before April 1, 1997, and ending after March 31, 1997, the amount of the payment for the goods or services delivered, performed or made available in the portion of the payment period before April 1, 1997, to which the tax under the Social Services and Education Tax Act applies shall be calculated in accordance with the following formula:
A
=
B
×
D
C
where
“A” is the amount of payment to which the tax under the Social Services and Education Tax Act applies,
“B” is the number of days in the portion of the payment period before April 1, 1997,
“C” is the total number of days in the payment period, and
“D” is the total payment due for the payment period.
Lease of goods
7(1)Where a payment period for a lease of goods commences before April 1, 1997, and ends after April 29, 1997, the amount of the payment for the lease of the goods in the portion of the payment period before April 1, 1997, to which the tax under the Social Services and Education Tax Act applies shall be calculated in accordance with the following formula:
A
=
B
×
D
C
where
“A” is the amount of payment to which the tax under the Social Services and Education Tax Act applies,
“B” is the number of days in the portion of the payment period before April 1, 1997,
“C” is the total number of days in the payment period, and
“D” is the total payment due for the payment period.
7(2)Where
(a) a payment period for a lease of goods commences before April 1, 1997, and ends before April 30, 1997,
(b) services are also provided in respect of those goods for the same payment period, and
(c) the payment for the lease of the goods and the services in respect of such goods is included in a single invoice,
the amount of the payment for the lease of the goods and the services in respect of such goods in the portion of the payment period before April 1, 1997, to which the tax under the Social Services and Education Tax Act applies shall be calculated in accordance with the formula in subsection (1).
Transitional housing rebate
8(1)Subject to subsections (5) and (6), where, immediately before April 1, 1997, a builder of a
(a) qualifying residential complex, other than a qualifying addition, owned or had possession of the complex and had not transferred ownership or possession of the complex under an agreement of purchase and sale to a person who is not a builder of the complex, or
(b) qualifying addition to a multiple unit residential complex owned or had possession of the addition and neither transferred possession of the addition or a residential unit in the addition under a lease, licence or similar arrangement, nor transferred ownership or possession of the addition or complex under an agreement of purchase and sale to a person who is not a builder of the addition,
the Minister shall, on application in accordance with subsection (3), pay a rebate in respect of the tax under the Social Services and Education Tax Act to such builder that is equal to the amount determined by the formula in subsection (2).
8(2)The formula for the purposes of subsection (1) is:
A × B × C
where
“A” is $50.00,
“B” is the number of square metres of qualifying interior floor space in the complex or addition, and
“C” is
(a) 50%, where the construction or substantial renovation of the complex or the construction of the addition was, on April 1, 1997, not less than 25% completed and not more than 50% completed;
(b) 75%, where the construction or substantial renovation of the complex or the construction of the addition was, on April 1, 1997, more than 50% completed and less than 90% completed; and
(c) 90%, where the construction or substantial renovation of the complex or the construction of the addition was, on April 1, 1997, not less than 90% completed.
8(3)An application for a rebate under this section shall be made on the form provided by the Minister and in the manner required by the Minister.
8(4)Notwithstanding subsections (1), (2) and (3), a rebate in respect of a qualifying residential complex shall not be paid under this section to a person who does not apply to the Minister before January 1, 1998, or where a rebate under this section in respect of the complex was paid to another person entitled to it.
8(5)Paragraph (1)(a) does not apply to a builder of a qualifying residential complex, other than a qualifying addition, to whom subsections 191(1) to (4) of the Excise Tax Act (Canada) do not apply because of subsection 191(5), (6) or (6.1) of that Act.
8(6)Paragraph (1)(b) does not apply to a builder of a qualifying addition to whom subsection 191(4) of the Excise Tax Act (Canada) does not apply because of subsection 191(5), (6) or (6.1) of that Act.
Vehicles
9Where a vehicle required to be registered under the Motor Vehicle Act or the All-Terrain Vehicle Act is purchased by a consumer before April 1, 1997, and the supply of the vehicle is not a taxable supply by a registrant under Part IX of the Excise Tax Act (Canada), the rate of tax payable under the Social Services and Education Tax Act applies with respect to the vehicle if the vehicle is registered before May 1, 1997.
II
PAYMENTS AND CREDITS
Application
10This Part applies with respect to Part IV of the Act.
Definitions
11In this Part
“composite property” means property that is wrapped, packaged or otherwise prepared for sale as a single product where the only components of the product are a printed book and(bien mixte)
(a) a read-only medium that contains material all or substantially all of the value of which is reasonably attributable to one or more of the following:
(i) a reproduction of the printed book;
(ii) material that makes specific reference to the printed book and its content and that supplements, and is integrated with, that content, or
(b) if the product is specially designed for use by students enrolled in a qualifying course, a read-only medium or a right to access a website, or both of them, that contains material that is related to the subject matter of the printed book;
“exempt supply” means an exempt supply as defined in subsection 123(1) of the Excise Tax Act (Canada);(fourniture exonérée)
“insurer” means an insurer defined in subsection 123(1) of the Excise Tax Act (Canada);(assureur)
“printed book” means a printed book as defined in subsection 259.1(1) of the Excise Tax Act (Canada);(livre imprimé)
“property” means property as defined in subsection 123(1) of the Excise Tax Act (Canada);(bien)
“qualifying course” means a course in which the service of instructing (cours admissible)
(a) is an exempt supply included in Part III of Schedule V to the Excise Tax Act (Canada), or
(b) would be an exempt supply included in Part III of Schedule V to the Excise Tax Act (Canada) but for the fact that the supplier of the service has made an election under that Part;
“qualifying property” means property that is(bien admissible)
(a) a printed book,
(b) a composite property,
(c) an update of a printed book,
(d) an audio recording, all or substantially all of which is a spoken reading of a printed book, or
(e) a bound or unbound printed version of scripture of any religion;
“read-only medium” means a tangible medium that is designed for the read-only storage of information and other material in digital format;(support non inscriptible)
“research and development” means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, including(recherche et avancement)
(a) basic research, namely, work undertaken for the advancement of scientific or technical knowledge without a specific practical application in view,
(b) applied research, namely, work undertaken for the advancement of scientific or technical knowledge with a specific practical application in view, or
(c) development, namely, use of the results of basic or applied research for the purpose of creating new, or improving existing, materials, devices, products or processes,
but not including
(d) market research or sales promotion,
(e) quality control or routine testing of materials, devices or products,
(f) prospecting, exploring or drilling for or producing minerals, petroleum or natural gas,
(g) the commercial production of a new or improved material, device or product or the commercial use of a new or improved process,
(h) style changes, or
(i) routine data collection;
“segregated fund” means a segregated fund as defined in subsection 123(1) of the Excise Tax Act (Canada);(fonds réservé)
“service” means a service as defined in subsection 123(1) of the Excise Tax Act (Canada);(service)
“specified service” means a management or administrative service and any other service provided to the recipient of a supply of a management or administrative service by the supplier of that management or administrative service.(service determiné)
2006-80
Printed books, composite property, audio recordings and scriptures
2006-80
12(1)A supply of a qualifying property is prescribed for the purposes of subsections 12(1) and (2) of the Act.
12(2)The amount of a payment or credit under subsection 12(1) of the Act for a supply under subsection (1) is the difference between the amount of the tax payable in respect of the supply under subsection 165(2) of the Excise Tax Act (Canada), and any input tax credits in respect of that tax that are claimed under Part IX of that Act.
12(3)Where a recipient receives a supply of a property referred to in subsection (1) after March 31, 1997, and tax is paid or payable in respect of that supply under subsection 165(2) of the Excise Tax Act (Canada), the supplier of the property may, on behalf of the government of New Brunswick, pay or credit to the recipient an amount equal to the tax paid or payable on the property under that subsection.
12(4)Any recipient who does not receive a payment or credit under subsection 12(1) of the Act at the point of sale may, not more than four years after the date that the tax becomes payable under subsection 165(2) of the Excise Tax Act (Canada) in respect of the supply, apply to the Minister of National Revenue for the payment or credit.
12(5)An application under subsection (4) shall be on the form provided by the Minister of National Revenue and in the manner required by that Minister.
2006-80
Segregated fund
13(1)Where, under Part IX of the Excise Tax Act (Canada), a supply of a specified service is made by an insurer that has its head office in New Brunswick to a segregated fund operated by that insurer, and it may reasonably be regarded that more than seventy per cent of the assets of the fund are held or invested for the benefit of persons who are resident in New Brunswick, the supply is prescribed for the purposes of subsections 12(1) and (3) of the Act.
13(2)The amount of a payment or credit under subsection 12(1) of the Act for a supply under subsection (1) is the difference between the amount of the tax payable in respect of the supply under subsection 165(2) of the Excise Tax Act (Canada), and the sum of any input tax credits and rebates in respect of that tax that are claimed or entitled to be claimed under Part IX of that Act.
13(3)An application for a payment or credit for a supply under subsection (1) shall be made to the Minister within one year after the date that the tax becomes payable under subsection 165(2) of the Excise Tax Act (Canada) in respect of the supply.
Research and development
14(1)A supply of property and services used directly in research and development by a university is prescribed for the purposes of subsections 12(1) and (3) of the Act.
14(2)The amount of a payment or credit under subsection 12(1) of the Act for a supply under subsection (1) is the amount of the tax payable in respect of the supply under subsection 165(2) of the Excise Tax Act (Canada).
14(3)An application for a payment or credit for a supply under subsection (1) shall be made to the Minister on the form provided by the Minister within one year after the tax becomes payable under subsection 165(2) of the Excise Tax Act (Canada) in respect of the supply.
Specially equipped vehicles
15(1)A supply of a passenger vehicle, truck or van that
(a) is specially equipped with
(i) a device that is used primarily to enable a wheelchair or scooter to enter or leave the passenger vehicle, truck or van, or
(ii) auxiliary driving controls that are used to facilitate the operation of the passenger vehicle, truck or van, and
(b) is not operated by any person for the purpose of earning a profit for any person or as part of any undertaking carried on for gain,
is prescribed for the purposes of subsections 12(1) and (3) of the Act.
15(2)The amount of a payment or credit under subsection 12(1) of the Act for a supply under subsection (1) is the amount of the tax payable in respect of the supply under subsection 165(2) of the Excise Tax Act (Canada).
15(3)An application for a payment or credit for a supply under subsection (1) shall be made in writing to the Minister, shall set out such information as the Minister may require and shall be accompanied by a letter from a medical practitioner certifying that the person who is being transported in or is operating the passenger vehicle, truck or van is permanently disabled.
III
VEHICLES
Application
16This Part applies with respect to Part V of the Act.
Definitions
17In this Part
“immediate family” , when used in reference to any person, means a spouse, father, mother, son, daughter, stepson, stepdaughter, sister, brother, grandfather, grandmother, grandson, granddaughter;(famille immédiate)
“participating province” means a participating province as defined in subsection 123(1) of the Excise Tax Act (Canada);(province participante)
“vehicle” means a motor vehicle required to be registered under the Motor Vehicle Act or the Off-Road Vehicle Act that is taxable under Part V of the Act;(véhicule)
“wholesale price” means the wholesale price as listed in a trade publication acceptable to the Commissioner.(prix de gros)
2003, c.7, s.36
Fair value
18(1)In any of the circumstances under subsection (2), the fair value of a vehicle for the purposes of taxation under Part V of the Act is the purchase price of the vehicle which is the sum of
(a) the price paid for the vehicle, including the value in terms of Canadian money of services rendered and things exchanged and other consideration accepted by the vendor or person from whom the property passed, as the price or on account of the price of the vehicle, and
(b) the cost of or charges for customs, excise, transportation and federal taxes, excluding the taxes under Part IX of the Excise Tax Act (Canada).
18(2)The circumstances for the purposes of subsection (1) are:
(a) the purchase price of a vehicle is less than or equal to five hundred dollars below the wholesale price of the vehicle;
(b) the purchase price of a vehicle is equal to the wholesale price of the vehicle;
(c) the purchase price of a vehicle is greater than the wholesale price of the vehicle;
(d) the purchase price of a vehicle is equal to the appraised value of the vehicle under subsection (4) or (5); and
(e) the purchase price of a vehicle is greater than the appraised value of the vehicle under subsection (4) or (5).
18(3)Where the wholesale price of a vehicle is greater than the purchase price of the vehicle as determined under subsection (1), and where no appraisal of the vehicle is submitted under subsection (4) or (5), the fair value of the vehicle for the purposes of taxation under Part V of the Act is the wholesale price of the vehicle.
18(4)Where
(a) the wholesale price of a vehicle is more than five hundred dollars greater than the purchase price of the vehicle 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, within fourteen days after the purchase of the vehicle, by a certified member of the New Brunswick Automotive and Industrial Insurance Appraiser Association Inc., or by a licensed car dealer approved by the Commissioner, and
(c) the appraised value of the vehicle is greater than the purchase price of the vehicle as determined under subsection (1),
the fair value of the vehicle for the purposes of taxation under Part V of the Act is the appraised value of the vehicle.
18(5)Except where an appraisal has been submitted under subsection (4), where the wholesale price of a vehicle is more than five hundred dollars greater than the purchase price of the vehicle as determined under subsection (1), the person registering the vehicle may, within fourteen days after the vehicle is registered, obtain a written appraisal of the value of the vehicle from any certified member of the New Brunswick Automotive and Industrial Insurance Appraiser Association Inc., or any licensed car dealer approved by the Commissioner and submit the appraisal to the Registrar, as defined in the Motor Vehicle Act or the Off-Road Vehicle Act, as the case may be.
18(6)Where the appraised value of a vehicle under subsection (5) is greater than the purchase price of the vehicle as determined under subsection (1), the fair value of the vehicle for the purposes of taxation under Part V of the Act is the appraised value of the vehicle.
18(7)Notwithstanding any other provision in this section, where a vehicle is leased, the fair value of the vehicle for the purposes of taxation under Part V of the Act is the value of the lease payments for the period that the vehicle is registered.
2003, c.7, s.36
Disability rebate
19(1)The Minister may, on application under subsection (2), rebate the tax paid by a consumer or person under Part V of the Act in respect of a passenger vehicle, truck or van that
(a) is specially equipped with
(i) a device that is used primarily to enable a wheelchair or scooter to enter or leave the passenger vehicle, truck or van, or
(ii) auxiliary driving controls that are used to facilitate the operation of the passenger vehicle, truck or van, and
(b) is not operated by the consumer or person, or any other person, for the purpose of earning a profit for any person or as part of any undertaking carried on for gain.
19(2)An application shall be made in writing to the Minister, shall set out such information as the Minister may require and shall be accompanied by a letter from a medical practitioner certifying that the person who is being transported in or is operating the passenger vehicle, truck or van is permanently disabled.
Family gifts exemption
20(1)Where a person residing in New Brunswick transfers a vehicle to a member of his or her immediate family and there is no consideration for such transfer, including assumption of an outstanding loan on such vehicle, and where the tax on the vehicle was paid by such person when it was acquired in New Brunswick or brought into New Brunswick or received in New Brunswick by such person, the member of the person’s immediate family is exempt from the liability to pay the tax under Part V of the Act.
20(2)Where a person residing in a participating province other than New Brunswick transfers a vehicle, that is registered in that participating province, to a member of his or her immediate family residing in New Brunswick and there is no consideration for such transfer, including assumption of an outstanding loan on such vehicle, and where all tax payable on the vehicle in the participating province was paid by such person, the member of the person’s immediate family is exempt from the liability to pay the tax under Part V of the Act.
20(3)Where a person residing outside New Brunswick, other than in a participating province, transfers a vehicle to a member of his or her immediate family residing in New Brunswick and there is no consideration for such transfer, including assumption of an outstanding loan on such vehicle, and all tax payable in New Brunswick on the vehicle was paid by such person, the member of the person’s immediate family is exempt from the liability to pay the tax under Part V of the Act.
20(4)A person under subsection (1), (2) or (3) may not transfer more than one vehicle in any twelve month period in the circumstances under subsection (1), (2) or (3).
Other exemptions
21A consumer or person is exempt from the liability to pay the tax under Part V of the Act in respect of the following vehicles:
(a) a vehicle brought into New Brunswick from a participating province if the tax payable in the participating province on the vehicle has been paid;
(b) a vehicle removed from New Brunswick that has a transit marker;
(c) where the consumer or person is an insurance company, a wrecked vehicle registered by the insurance company;
(d) where the consumer or person is a motor vehicle dealer, a trade-in vehicle registered in the name of the dealer;
(e) a vehicle inherited by the consumer or person; and
(f) where the consumer or person is a financial institution, a repossessed vehicle registered by the financial institution.
Vehicles under section 17 of the Act
Repealed: 2000-12
2000-12
22Repealed: 2000-12
2000-12
Application of the Revenue Administration Act
23(1)Sections 5, 6, 7, 8, 9, 10, 10.1, 11, 26, 26.1 and 28, paragraphs 29(1)(a) and (c) and sections 39, 40 and 41.1 of the Revenue Administration Act do not apply to Part V of the Act.
23(2)Sections 2, 3, 4, 5, 6 and 7, paragraphs 10(a), (b), (c), (e), (f) and (g) and sections 11, 12, 13, 14, 15, 16, 19.1, 19.2, 19.3 and 19.4 of New Brunswick Regulation 84-247 under the Revenue Administration Act do not apply to Part V of the Act.
2000-12
III.1
DESIGNATED TANGIBLE PERSONAL PROPERTY
2000-12
Application
2000-12
23.1This Part applies with respect to Part VI of the Act.
2000-12
Definitions
2000-12
23.2In this Part
“aircraft” includes a balloon for air navigation;(avion)
“boat” includes any watercraft propelled by oars, paddles, sails, engines or other means;(bateau)
“immediate family” , when used in reference to any person, means a spouse, father, mother, son, daughter, stepson, stepdaughter, sister, brother, grandfather, grandmother, grandson, granddaughter;(famille immédiate)
“participating province” means a participating province as defined in subsection 123(1) of the Excise Tax Act (Canada);(province participante)
“wholesale price” means the wholesale price as listed in a trade publication acceptable to the Commissioner.(prix de gros)
2000-12
Designated tangible personal property
2000-12
23.3Boats and aircraft are designated tangible personal property for the purposes of Part VI of the Act.
2000-12
Fair value
2000-12
23.4(1)In any of the circumstances under subsection (2), the fair value of designated tangible personal property for the purposes of taxation under Part VI of the Act is the purchase price of such property which is the sum of
(a) the price paid for such property, including the value in terms of Canadian money of services rendered and things exchanged and other consideration accepted by the vendor or person from whom the property passed, as the price or on account of the price of such property, and
(b) the cost of or charges for customs, excise, transportation and federal taxes, excluding the taxes under Part IX of the Excise Tax Act (Canada).
23.4(2)The circumstances for the purposes of subsection (1) are:
(a) the purchase price of designated tangible personal property is less than or equal to five hundred dollars below the wholesale price of the property;
(b) the purchase price of designated tangible personal property is equal to the wholesale price of the property;
(c) the purchase price of designated tangible personal property is greater than the wholesale price of the property;
(d) the purchase price of designated tangible personal property is equal to the appraised value of the property under subsection (4) or (5); and
(e) the purchase price of designated tangible personal property is greater than the appraised value of the property under subsection (4) or (5).
23.4(3)Where the wholesale price of designated tangible personal property is greater than the purchase price of the property as determined under subsection (1), and where no appraisal of the property is submitted under subsection (4) or (5), the fair value of the property for the purposes of taxation under Part VI of the Act is the wholesale price of the property.
23.4(4)Where
(a) the wholesale price of designated tangible personal property is more than five hundred dollars greater than the purchase price of the property as determined under subsection (1),
(b) at the time of payment of the tax on the designated tangible personal property, the consumer or person liable to pay the tax on the property submits an appraisal of the value of the property made, within fourteen working days after the purchase of the property, by a person approved by the Commissioner, and
(c) the appraised value of the designated tangible personal property is greater than the purchase price of the property as determined under subsection (1),
the fair value of the property for the purposes of taxation under Part VI of the Act is the appraised value of the property.
23.4(5)Except where an appraisal has been submitted under subsection (4), where the wholesale price of designated tangible personal property is more than five hundred dollars greater than the purchase price of the property as determined under subsection (1), the consumer or person liable to pay the tax on the property may, within fourteen working days after the tax is paid, obtain a written appraisal of the value of the property from any person approved by the Commissioner and submit the appraisal to the Commissioner.
23.4(6)Where the appraised value of designated tangible personal property under subsection (5) is greater than the purchase price of the property as determined under subsection (1), the fair value of the property for the purposes of taxation under Part VI of the Act is the appraised value of the property.
23.4(7)Notwithstanding any other provision in this section, where designated tangible personal property is leased, the fair value of the property for the purposes of taxation under Part VI of the Act is the value of the lease payments for the period that the property is leased by the consumer or person liable to pay the tax on the property.
2000-12
Payment of tax
2000-12
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 the date of supply of the property to the consumer or person.
2000-12
Family gifts exemption
2000-12
23.6(1)Where a person residing in New Brunswick transfers designated tangible personal property to a member of his or her immediate family and there is no consideration for such transfer, including assumption of an outstanding loan on such property, and where the tax on the property was paid by such person when it was acquired in New Brunswick or brought into New Brunswick or received in New Brunswick by such person, the member of the person’s immediate family is exempt from the liability to pay the tax under Part VI of the Act.
23.6(2)Where a person residing in a participating province other than New Brunswick transfers designated tangible personal property to a member of his or her immediate family residing in New Brunswick and there is no consideration for such transfer, including assumption of an outstanding loan on such property, and where all tax payable on the property in the participating province was paid by such person, the member of the person’s immediate family is exempt from the liability to pay the tax under Part VI of the Act.
23.6(3)Where a person residing outside New Brunswick, other than in a participating province, transfers designated tangible personal property to a member of his or her immediate family residing in New Brunswick and there is no consideration for such transfer, including assumption of an outstanding loan on such property, and all tax payable in New Brunswick on the property was paid by such person, the member of the person’s immediate family is exempt from the liability to pay the tax under Part VI of the Act.
23.6(4)Where the designated tangible personal property is an aircraft, a person under subsection (1), (2) or (3) may not transfer more than one aircraft in any twelve month period in the circumstances under subsection (1), (2) or (3).
23.6(5)Where the designated tangible personal property is a boat, a person under subsection (1), (2) or (3) may not transfer more than one boat in any twelve month period in the circumstances under subsection (1), (2) or (3).
2000-12
Other exemptions
2000-12
23.7A consumer or person is exempt from the liability to pay the tax under Part VI of the Act in respect of the following designated tangible personal property:
(a) designated tangible personal property brought into New Brunswick from a participating province if the tax payable in the participating province on the property has been paid;
(b) a boat that does not exceed ten feet in length and is not motor powered;
(c) where the consumer or person is an insurance company, wrecked designated tangible personal property;
(d) where the consumer or person is a boat dealer, a trade-in boat;
(e) where the consumer or person is an aircraft dealer, a trade-in aircraft;
(f) designated tangible personal property inherited by the consumer or person; and
(g) where the consumer or person is a financial institution, designated tangible personal property repossessed by the financial institution.
2000-12
Application of the Revenue Administration Act
2000-12
23.8(1)Sections 5, 6, 7, 8, 9, 10, 10.1, 11, 26, 26.1 and 28, paragraphs 29(1)(a) and (c) and sections 39, 40 and 41.1 of the Revenue Administration Act do not apply to Part VI of the Act.
23.8(2)Sections 2, 3, 4, 5, 6 and 7, paragraphs 10(a), (b), (c), (e), (f) and (g) and sections 11, 12, 13, 14, 15, 16, 19.1, 19.2, 19.3 and 19.4 of New Brunswick Regulation 84-247 under the Revenue Administration Act do not apply to Part VI of the Act.
2000-12
IV
COMMENCEMENT
Commencement
24This Regulation shall be deemed to have come into force on April 1, 1997.
N.B. This Regulation is consolidated to October 2, 2006.