Words and Phrases - "remit"
Nestle Enterprises Ltd. v. MNR, 92 DTC 1001 (TCC)
On January 17, 1989 the taxpayer withheld $535,579 of tax on a payment to a non-resident. On February 14, 1989 it mailed a cheque for that sum to the Receiver General, and on February 20, 1989 the cheque was received in Ottawa. In finding that the taxpayer was subject to the 10% penalty under s. 227(9) for failure to "forthwith remit" the withholding tax, Brulé J. stated (p. 1003):
"'Remit' means the receipt by the Receiver General of the tax. 'Forthwith' means as soon as possible, given the circumstances of the Appellant. No circumstances emerged as to why it was only remitted thirty-four days later."