31 March 2004 GST/HST Interpretation 7746 - Amendment to GST/HST Interpretation Regarding the Sale by Auction of Motor Vehicles to Non-residents

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.

Dear XXXXX:

As a result of a review of our GST/HST interpretation provided to you XXXXX, we wish to clarify our position concerning the limitation period for making a refund, credit or adjustment to tax under the provisions of subsection 232(1) of the Excise Tax Act (the Act).

In our letter XXXXX, we stated that subsection 232(1) of the Act provides that a registered supplier has up to two years from the end of the reporting period in which the excess amount in question was charged or collected to make the refund or adjustment.

In fact, the supplier may adjust or refund the amount within two years after the amount was so charged or collected.

We apologise for any inconvenience this may have caused.

The foregoing comments represent our general views with respect to the subject matter of your letter. Proposed amendments to the Excise Tax Act, if enacted, could have an effect on the interpretation provided herein. These comments are not rulings and, in accordance with the guidelines set out in section 1.4 of Chapter 1 of the GST/HST Memoranda Series, do not bind the Canada Revenue Agency with respect to a particular situation.

Should you have any further questions or require clarification on the above matter, please do not hesitate to contact me at (613) 954-7931.

Yours truly,

Anne Kratz
General Operations Unit
General Operations and Border Issues Division
Excise and GST/HST Rulings Directorate