Tous les renvois à la loi se rapportent à la Loi sur la taxe d’accise.

On this page

• Eligibility
• Claim conditions
• Joint and several liability

Eligibility

The election by the segregated fund and the insurer under subsection 261.31(3) allows the insurer to pay to, or credit in favour of, its segregated fund the amount of the subsection 231.31(2) rebate for tax that became payable, or was paid without having become payable, for supplies made by the insurer to its segregated fund (the relevant amount calculated under reason code 25).

In this case, the segregated fund must submit its rebate application to the insurer. Under subsection 234(5), the insurer may make a deduction equal to the amount of the rebate in determining its net tax for the reporting period in which the insurer paid or credited the amount of the rebate to the segregated fund.

Claim conditions

You cannot claim a rebate of GST/HST paid if any of the following statements are true:

• The amount was previously rebated, credited, refunded or remitted to you
• You received a credit note, or you issued a debit note for a refund, adjustment, or credit that includes the amount
• You claimed, or are entitled to claim, an input tax credit for the amount
• You are entitled to obtain a rebate, refund or remission of the amount through another program or means
• The deadline for filing the rebate has passed

In the case of bankruptcy, you will not be paid a rebate that you were entitled to claim before the appointment of a trustee in bankruptcy unless you have filed all returns and remitted all outstanding amounts for the reporting periods that ended before the appointment.

Joint and several liability

If an insurer pays or credits a GST/HST rebate to is segregated fund, deducts the amount in determining its net tax and the insurer knows or ought to know that the segregated fund is not entitled to an amount equal to all or part of the rebate, both the insurer and its segregated fund who received the rebate are liable to pay the amount to the CRA.