Prorated Interjurisdictional Vehicle Tax Credit (Provincial Sales Tax) Regulations, F-13.4 Reg 34

1 PRORATED INTERJURISDICTIONAL VEHICLE TAX CREDIT (PROVINCIAL SALES TAX) F-13.4 REG 34 The Prorated Interjurisdictional Vehicle Tax Credit (Provincial Sales Tax) Regulations being Chapter F-13.4 Reg 34* (effective October 13, 2005) as amended by an Errata Notice published in The Saskatchewan Gazette on May 26, 2006. *Note: This regulation was originally published as F-13.1 Reg 34 in Part II of The Saskatchewan Gazette, dated October 21, 2005. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 PRORATED INTERJURISDICTIONAL F-13.4 REG 34 VEHICLE TAX CREDIT (PROVINCIAL SALES TAX) Table of Contents 1 Title 2 Interpretation 3 Remission of tax 4 Remission to be provided in form of credit 5 Coming into force 3 PRORATED INTERJURISDICTIONAL VEHICLE TAX CREDIT (PROVINCIAL SALES TAX) F-13.4 REG 34 CHAPTER F-13.4 REG 34 The Financial Administration Act, 1993 Title 1 These regulations may be cited as The Prorated Interjurisdictional Vehicle Tax Credit (Provincial Sales Tax) Regulations. Interpretation 2(1) In these regulations: (a) “Act” means The Financial Administration Act, 1993; (b) “tax” means the tax imposed pursuant to section 5.3 of The Provincial Sales Tax Act. (2) The definitions in section 5.1 of The Provincial Sales Tax Act apply to these regulations. 21 Oct 2005 cF-13.4 Reg 34 s2. Remission of tax 3(1) Subject to subsections (2) to (4) and to section 4, on and after October 1, 2005, a person who has licensed a vehicle in Saskatchewan as an interjurisdictional vehicle and paid the tax on that vehicle is granted a remission of that tax in the following circumstances: (a) the person: (i) sells or disposes of the vehicle or otherwise removes the vehicle from the person’s fleet; and (ii) as a result of the sale, disposition or removal mentioned in subclause (i), has the interjurisdictional vehicle licence for the vehicle cancelled or terminated; (b) the person satisfies the minister that the vehicle is used as an interjurisdictional vehicle for only part of a year and is used for intrajurisdictional purposes for the rest of the year. (2) A remission is to be granted only if the person mentioned in subsection (1): (a) applies to the minister; and (b) provides the minister with evidence satisfactory to the minister to establish: (i) that person’s eligibility for a remission; and (ii) in the case of a remission to be granted for the purposes of clause (1) (b), the number of days in the period described in the definition of V in subsection (4) that the vehicle is used as an interjurisdictional vehicle and the number of days that the vehicle is used for intrajurisdictional purposes. 4 PRORATED INTERJURISDICTIONAL F-13.4 REG 34 VEHICLE TAX CREDIT (PROVINCIAL SALES TAX) (3) The amount of the remission granted for the purposes of clause (1)(a) is the amount C calculated in accordance with the following formula: DA C = T – (T x ) V where: T is the amount of tax; DA is the number of days in the period commencing on the date that the tax was paid and ending on the date that the vehicle was sold or disposed of or removed from a fleet, as the case may be; and V is the number of days in the period for which the vehicle was originally licensed pursuant to The Vehicle Administration Act as an interjurisdictional vehicle. (4) The amount of the remission granted for the purposes of clause (1)(b) is the amount C calculated in accordance with the following formula: DB C = T – (T x ) V where: T is the amount of tax; DB is the number of days in the period described in the definition of V that the person licensing the vehicle satisfies the minister that the vehicle is used as an interjurisdictional vehicle; and V is the number of days in the period for which the vehicle was originally licensed pursuant to The Vehicle Administration Act as an interjurisdictional vehicle. 21 Oct 2005 cF-13.4 Reg 34 s3. Remission to be provided in form of credit 4(1) A person to whom a remission is granted pursuant to section 3 is entitled to receive the remission only in the form of a credit that is governed by this section. (2) A person to whom a credit is provided by this section: (a) must apply the credit within four years after the date that the minister provides the credit; and (b) is entitled to apply the credit only against tax payable on other interjurisdictional vehicles that are licensed by that person. 5 PRORATED INTERJURISDICTIONAL VEHICLE TAX CREDIT (PROVINCIAL SALES TAX) F-13.4 REG 34 (3) The minister may: (a) pay a credit provided by this section out of the general revenue fund, and any credit is to be accounted for as a reduction of revenues received pursuant to The Provincial Sales Tax Act; or (b) apply the amount of the credit against the amount of any tax that the person entitled to the credit owes pursuant to The Provincial Sales Tax Act. 21 Oct 2005 cF-13.4 Reg 34 s4. Coming into force 5 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 21 Oct 2005 cF-13.4 Reg 34 s5. 6 PRORATED INTERJURISDICTIONAL F-13.4 REG 34 VEHICLE TAX CREDIT (PROVINCIAL SALES TAX) REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2005