Please note that the following document, although correct at the time of issue, may not represent the current position of the Agency. / Veuillez prendre note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'Agence.
Excise and GST/HST Rulings Directorate
Place de Ville, Tower A, 15th floor
320 Queen Street
Ottawa ON K1A 0L5
XXXXX
XXXXX
XXXXX
Attention:
XXXXX
XXXXX
XXXXX
Case Number: 112968
March 31, 2009
Subject:
EXCISE RULING
X7.1 Excise Taxes and Special Levies Memorandum
Dear XXXXX:
Thank you for your letter XXXXX concerning the application of the Excise Tax Act to insurance against marine risks.
All legislative references are to the Excise Tax Act and the regulations therein, unless otherwise specified.
Ruling Requested
You would like to know if it is no longer necessary to file an "Exemption Request" form E638 and obtain 5 declination letters or to submit a B241 - Information Return - Details of Insurance for marine coverage listed on page 9 of the appendix in X7.1 Excise Taxes and Special Levies Memorandum.
Ruling Given
Brokers and agents are not required to report contracts of insurance that fall within the class of marine insurance. We have listed examples of classes/types of insurance included as marine risks in the appendix of X7.1 Excise Taxes and Special Levies Memorandum; we rule that it is not necessary to file an Exemption Request form E638 and obtain 5 declination letters or report such placements on the B241 Information Return - Details of Insurance. However, for audit purposes, it is incumbent on you to maintain appropriate records to substantiate any future claims for exemption.
This ruling is subject to the qualifications in GST/HST Memorandum 1.4, Goods and Services Tax Rulings. We are bound by this ruling provided that none of the above issues is currently under audit, objection, or appeal, that no future change to the Excise Tax Act, regulations or our interpretative policy affect its validity, and all relevant facts and transactions have been fully disclosed.
If you require clarification with respect to any of the issues discussed in this letter, please call me directly at (613)-954-6720.
Yours truly,
Sharon Kendall
Excise Taxes and Other Levies Unit
Excise Duties & Taxes Division
Excise and GST/HST Rulings Directorate
Enc.
UNCLASSIFIED
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