VIII, s. 153]Marginal note:Withholding tax(11)Provisions of this Act requiring a person to deduct or withhold an amount in respect of taxes from amounts payable to a taxpayer are applicable to Her Majesty in right of Canada or a province.Marginal note:Agreement not to deduct void(12)Where this Act requires an amount to be deducted or withheld, an agreement by the person on whom that obligation is imposed not to deduct or withhold is void.Marginal note:Minister’s receipt discharges debtor(13)The receipt of the Minister for an amount deducted or withheld by any person as required by or under this Act is a good and sufficient discharge of the liability of any debtor to the debtor’s creditor with respect thereto to the extent of the amount referred to in the receipt.Marginal note:Application of other Parts(14)Parts IV, IV.1, VI and VI.1 do not apply to any corporation for any period throughout which it is exempt from tax because of section 149.Marginal note:Partnership included in “person”(15)In this section, a reference to a “person” with respect to any amount deducted or withheld or required to be deducted or withheld is deemed to include a partnership.Marginal note:Municipal or provincial corporation excepted(16)A corporation that at any time in a taxation year would be a corporation described in any of paragraphs 149(1)(d) to (d.6) but for a provision of an appropriation Act is deemed not to be a private corporation for the purposes of Part IV with respect to that year.
(a)to be held, from the time the amount was deducted or withheld by the person, separate and apart from the property of the person, in trust for Her Majesty whether or not the property is subject to such a security interest, and(b)to form no part of the estate or property of the person from the time the amount was so deducted or withheld, whether or not the property has in fact been kept separate and apart from the estate or property of the person and whether or not the property is subject to such a security interest
(a)is, for the purposes of subsections 135(3) and 153(1), section 215 and this section, deemed to be a person who made the payment;(a.1)is, for the purposes of subsections 135.1(7) and 211.8(2), deemed to be a person who redeemed, acquired or cancelled a share and made the payment as a consequence of the redemption, acquisition or cancellation;(b)is jointly and severally, or solidarily, liable with the payer to pay to the Receiver General(i)all amounts payable by the payer because of any of subsections 135(3), 135.1(7), 153(1) and 211.8(2) and section 215 in respect of the payment, and(ii)all amounts payable under this Act by the payer because of any failure to comply with any of those provisions in respect of the payment; and(c)is entitled to deduct or withhold from any amount paid or credited by the specified person to the payer or otherwise recover from the payer any amount paid under this subsection by the specified person in respect of the payment.
(i)all amounts payable by the payer because of any of subsections 135(3), 135.1(7), 153(1) and 211.8(2) and section 215 in respect of the payment, and(ii)all amounts payable under this Act by the payer because of any failure to comply with any of those provisions in respect of the payment; and
(a)a trustee;(b)a liquidator;(c)a receiver;(d)an interim receiver;(e)a receiver-manager;(f)a trustee in bankruptcy or other person appointed under theBankruptcy and Insolvency Act;(g)an assignee;(h)a secured creditor (as defined in subsection 224(1.3));(i)an executor, a liquidator of a succession or an administrator;(j)any person acting in a capacity similar to that of a person referred to in any of paragraphs 227(5.1)(a) to 227(5.1)(i);(k)a person appointed (otherwise than as an employee of the creditor) at the request of, or on the advice of, a secured creditor in relation to the particular person to monitor, or provide advice in respect of, the disbursements, property, business or estate of the particular person under circumstances such that it is reasonable to conclude that the person is appointed to protect or advance the interests of the creditor; or(l)an agent of a specified person referred to in any of paragraphs 227(5.1)(a) to 227(5.1)(k).
(a)the amount so paid to the Receiver General in respect of the loan or indebtedness or portion of it, as the case may be, and(b)the amount that would be payable to the Receiver General under Part XIII if a dividend described in paragraph 212(2)(a) equal in amount to the amount of the loan or indebtedness repaid were paid by the corporation or partnership to the person at the time of the repayment,
(a)subject to paragraph (b), the Minister shall, on written application made on a particular day that is, or is no more than two years after, the day on which the form described in subparagraph 212.3(7)(d)(i) is filed, pay to the corporation an amount equal to the lesser of(i)the total of all amounts, if any, paid to the Receiver General, on or prior to the particular day, on behalf of a person and in respect of the liability of the person to pay an amount under Part XIII in respect of the dividend, and(ii)the amount that the person was liable to pay in respect of the dividend under Part XIII;(b)where the corporation or the person is or is about to become liable to make a payment to Her Majesty in right of Canada, the Minister may apply the amount otherwise payable under paragraph (a) to that liability and notify the corporation, and, if applicable, the person, of that action; and(c)for the purposes of this Part (other than subparagraph (a)(i)), if the amount described in subparagraph (a)(ii) exceeds the amount described in subparagraph (a)(i), the corporation is deemed to pay that excess to the Receiver General on the day on which the form described in subparagraph 212.3(7)(d)(i) is filed.
(i)the total of all amounts, if any, paid to the Receiver General, on or prior to the particular day, on behalf of a person and in respect of the liability of the person to pay an amount under Part XIII in respect of the dividend, and(ii)the amount that the person was liable to pay in respect of the dividend under Part XIII;
(a)that the person was not liable to pay any tax under that Part, or(b)that the amount paid was in excess of the tax that the person was liable to pay,
(a)10% of the amount that should have been deducted or withheld; or(b)where at the time of the failure a penalty under this subsection was payable by the person in respect of an amount that should have been deducted or withheld during the year and the failure was made knowingly or under circumstances amounting to gross negligence, 20% of that amount.
(a)for the purposes of paragraph 20(1)(r), a contribution by the person to the arrangement; and(b)an amount on account of tax payable by the custodian under Part XI.3.
(a)in the case of an amount required by subsection 153(1) to be deducted or withheld from a payment to another person, from the fifteenth day of the month immediately following the month in which the amount was required to be deducted or withheld, or from such earlier day as may be prescribed for the purposes of subsection 153(1), to,(i)where that other person is not resident in Canada, the day of payment of the amount to the Receiver General, and(ii)where that other person is resident in Canada, the earlier of the day of payment of the amount to the Receiver General and April 30 of the year immediately following the year in which the amount was required to be deducted or withheld;(b)in the case of an amount required by subsection 135(3) or 135.1(7) or section 215 to be deducted or withheld, from the day on which the amount was required to be deducted or withheld to the day of payment of the amount to the Receiver General; and(c)in the case of an amount required by subsection 211.8(2) to be withheld, from the day on or before which the amount was required to be remitted to the Receiver General to the day of the payment of the amount to the Receiver General.
(i)where that other person is not resident in Canada, the day of payment of the amount to the Receiver General, and(ii)where that other person is resident in Canada, the earlier of the day of payment of the amount to the Receiver General and April 30 of the year immediately following the year in which the amount was required to be deducted or withheld;
(a)an amount of interest deemed by subsection 214(16) to have been paid as a dividend by the corporation unless, if the Act were read without reference to subsection 214(16), a penalty under subsection (8) would have applied in respect of the amount; and(b)an amount deemed by subparagraph 212.3(7)(d)(ii) or subsection 247(12) to have been paid as a dividend by the corporation.
(a)subject to paragraph (b), if(i)the Receiver General receives that amount on or before the day it was due, but that amount is not paid in the manner required, 3% of that amount,(ii)the Receiver General receives that amount(A)no more than three days after it was due, 3% of that amount,(B)more than three days and no more than five days after it was due, 5% of that amount, or(C)more than five days and no more than seven days after it was due, 7% of that amount, or(iii)that amount is not paid or remitted on or before the seventh day after it was due, 10% of that amount; or(b)where at the time of the failure a penalty under this subsection was payable by the person in respect of an amount that should have been remitted or paid during the year and the failure was made knowingly or under circumstances amounting to gross negligence, 20% of that amount.
(i)the Receiver General receives that amount on or before the day it was due, but that amount is not paid in the manner required, 3% of that amount,(ii)the Receiver General receives that amount(A)no more than three days after it was due, 3% of that amount,(B)more than three days and no more than five days after it was due, 5% of that amount, or(C)more than five days and no more than seven days after it was due, 7% of that amount, or(iii)that amount is not paid or remitted on or before the seventh day after it was due, 10% of that amount; or
(A)no more than three days after it was due, 3% of that amount,(B)more than three days and no more than five days after it was due, 5% of that amount, or(C)more than five days and no more than seven days after it was due, 7% of that amount, or
(a)subsection 227(8), 227(8.1), 227(8.2), 227(8.3) or 227(8.4) or 224(4) or 224(4.1) or section 227.1 or 235 by a person,(b)subsection 237.1(7.4) or (7.5) or 237.3(8) by a person or partnership,(c)subsection 227(10.2) by a person as a consequence of a failure of a non-resident person to deduct or withhold any amount, or(d)Part XIII by a person resident in Canada,
(a)any amount payable under section 116 or subsection 227(9), 227(9.2), 227(9.3) or 227(9.4) by any person,(a.1)[Repealed, 1997, c. 25, s. 67(7)](b)any amount payable under subsection 227(10.2) by any person as a consequence of a failure by a non-resident person to remit any amount, and(c)any amount payable under Part XII.5 or XIII by any non-resident person,
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 2271994, c. 7, Sch