I-2 - Tobacco Tax Act

Section 17.12 Disposition versions

2001-12-20

17.12. Every holder of a collection officer’s permit who makes a sale of tobacco, other than a retail sale, to a person with whom the collection officer is dealing at arm’s length may, provided it is established that the sale price and the amount provided for in section 17.2 in respect of the sale of tobacco have become in whole or in part a bad debt, obtain a refund of an amount corresponding to the amount provided for in that section that the collection officer was unable to recover.

To obtain a refund under the first paragraph, a collection officer must

(a)  have reported to the Minister in accordance with the first or third paragraph of section 17.3, as the case may be, on the amount provided for in section 17.2 that the collection officer should have collected in respect of the sale of tobacco;

(b)  as the case may be, have paid under section 17.2 to a holder of a collection officer’s permit the amount provided for in that section in respect of tobacco that relates to the bad debt or have remitted that amount to the Minister under section 17.3;

(c)  have written off the bad debt in the collection officer’s books of account and produce to the Minister an application using the form prescribed within four years after the day on which the bad debt was written off; and

(d)  fulfil such other terms and conditions as may be determined by regulation.

A collection officer who has obtained an allowance pursuant to section 17.6 for the collection and remittance of the amount provided for in section 17.2 for which the collection officer has applied for a refund under the first paragraph must deduct the amount of the allowance from the amount of the refund applied for.

The Government may, by regulation, determine a method for establishing the amount of the refund to which the collection officer is entitled under the first paragraph or the amount of the allowance to be deducted under the third paragraph as well as the conditions and manner of use of each method.

2001, c. 51, s. 15.