A-6.002 - Tax Administration Act

Section 30.3 Disposition versions

2006-06-13

30.3. If a person becomes bankrupt within the meaning of the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) or files a proposal or notice of intention to file such a proposal under that Act or if an order is made in respect of the person in accordance with the Companies’ Creditors Arrangement Act (Revised Statutes of Canada, 1985, chapter C-36), the following rules apply:

(a)  any refund applied for by the person following the filing of a return or an application, for a reporting period or for a taxation year ending on or before the date of bankruptcy, the date of filing of the proposal or notice of intention to file such a proposal or the date on which the order is made, as the case may be, is equal to zero; and

(b)  no refund or amount to which the person would have been entitled had the person applied therefor for a period or a taxation year ending on or before the date of bankruptcy, the date of filing of the proposal or notice of intention to file such a proposal or the date on which the order is made, as the case may be, may be applied for in a return filed for a period or a taxation year ending after that date.

The first paragraph does not apply where, on the day on which the refund or the amount is applied for, the returns and reports to be filed under a fiscal law for the periods or taxation years of the person ending on or before the date of bankruptcy, the date of filing of the proposal or notice of intention to file such a proposal or the date on which the order is made, as the case may be, or in respect of any acquisition of immovables during those periods, were filed and where an amount equal to the amounts payable before that date by the person for those periods or taxation years was paid.

This section also applies, with the necessary modifications, to the refund that may be allocated to the payment of an amount owing under an Act covered by a regulation made under the second paragraph of section 31.

1995, c. 63, s. 272; 1997, c. 14, s. 300; 1998, c. 16, s. 271; 2006, c. 13, s. 231.

1998-06-12

30.3. Where a person becomes bankrupt within the meaning of the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) or files a proposal or notice of intention to file such a proposal under that Act, the following rules apply:

(a)  any refund applied for by the person following the filing of a return or an application, for a reporting period or for a taxation year ending on or before the date of bankruptcy or the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, is equal to zero; and

(b)  no refund or amount to which the person would have been entitled had the person applied therefor for a period or a taxation year ending on or before the date of bankruptcy or the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, may be applied for in a return filed for a period or a taxation year ending after that date.

The first paragraph does not apply where, on the day on which the refund or the amount is applied for, the returns and reports to be filed under a fiscal law for the periods or taxation years of the person ending on or before the date of bankruptcy or the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, or in respect of any acquisition of immovables during those periods, were filed and where an amount equal to the amounts payable before that date by the person for those periods or taxation years was paid.

This section also applies, with the necessary modifications, to the refund that may be allocated to the payment of an amount owing under an Act covered by a regulation made under the second paragraph of section 31.

1995, c. 63, s. 272; 1997, c. 14, s. 300; 1998, c. 16, s. 271.

1997-05-22

30.3. Where a person becomes bankrupt within the meaning of the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) or files a proposal or notice of intention to file such a proposal under that Act, the following rules apply:

(a)  any refund applied for by the person following the filing of a return or an application, for a reporting period or for a taxation year ending on or before the date of bankruptcy, the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, is equal to zero; and

(b)  no refund or amount to which the person would have been entitled had the person applied therefor for a period or a taxation year ending on or before the date of bankruptcy or the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, may be applied for in a return filed for a period or a taxation year ending after that date.

The first paragraph does not apply where, on the day on which the refund or the amount is applied for, the returns and reports to be filed under a fiscal law for the periods or taxation years of the person ending on or before the date of bankruptcy or the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, or in respect of any acquisition of immovables during those periods, were filed and where an amount equal to the amounts payable before that date by the person for those periods or taxation years was paid.

This section also applies, with the necessary modifications, to the refund that may be allocated to the payment of an amount owing under an Act covered by a regulation made under the second paragraph of section 31.

1995, c. 63, s. 272; 1997, c. 14, s. 300.

1995-12-15

30.3. Where a person becomes bankrupt within the meaning of the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) or files a proposal or notice of intention to file such a proposal under that Act, the following rules apply:

(a)  any refund applied for by the person following the filing of a return or an application, for a reporting period or for a taxation year ending on or before the date of bankruptcy, the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, is equal to zero; and

(b)  no refund or amount to which the person would have been entitled had the person applied therefor for a period or a taxation year ending on or before the date of bankruptcy or the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, may be applied for in a return filed for a period or a taxation year ending after that date.

The first paragraph does not apply where, on the day on which the refund or the amount is applied for, the returns and reports to be filed under a fiscal law for the periods or taxation years of the person ending on or before the date of bankruptcy or the date of filing of the proposal or notice of intention to file such a proposal, as the case may be, or in respect of any acquisition of immovables during those periods, were filed and where an amount equal to the amounts payable before that date by the person for those periods or taxation years was paid.

1995, c. 63, s. 272.