19 January 2019 Interpretation 165888
CRA indicated that the s. 123(1) definition of tax “is interpreted by it to include only amounts of tax that are actually payable under Part IX, such as tax under subsections 165(1) and (2),” so that “an amount paid in error as or on account of tax is not tax for GST/HST purposes.” Thus, in its view, such tax paid in error does not go into elements A and F of the special attribution method formula in s. 225.2(2), nor is a refund of the tax paid in error deducted under G of the formula as a refund of “tax under” e.g. ETA s. 165(1).
|Locations of other summaries||Wordcount|
|Tax Topics - Excise Tax Act - Regulations - Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations - Section 46 - Paragraph 46(a) - Element G - Subparagraph (iii)||refund of tax paid in error not included in refunded tax referred to in G||230|
|Tax Topics - Excise Tax Act - Section 263.01 - Subsection 263.01(1)||tax paid in error was not tax that was subject to the s. 263.01 restriction||203|
|Tax Topics - Excise Tax Act - Section 225.2 - Subsection 225.2(2)||tax paid in error not included in A and F of formula||257|