FIRST NATIONS TAX COMMISSION COMMISSION DE LA FISCALITE DES PREMIERES NATIONS
The First Nations Tax Commission, pursuant to the First Nations Fiscal Management Act, hereby approves the following law made by the Tsawout First Nation in the Province of British Columbia,
TSAWOUT FIRST NATION PROPERTY TRANSFER TAX LAW, 2023
Dated at Ottawa, Ontario this 15th day of March, 2023.
issioner C.T. (Manny) Jul es On behalf of the First Nations Tax Commission
PART I PART II PART III PARTIV PARTV PART VI PART VII PART VIII PARTIX PARTX PART XI PART XII
TSAW OUT FIRST NATION PROPERTY TRANSFER TAX LAW, 2023 TABLE OF CONTENTS Citation .................................................................................................................... . Definitions and References ..................................................................................... . Administration ........................................................................................................ . Tax Liability and Levy ........................................................................................... . Exemptions from Taxation .................................................................................... . Reviews, Information Requests and Inspections ................................................... . Refunds .................................................................................................................. . Assessment, Reconsideration and Appeal ............................................................. . Records and Tax Certificates ................................................................................. . Penalties and Interest ............................................................................................. . Collection and Enforcement .................................................................................. . General Provisions ................................................................................................. .
SCHEDULES I Fair Market Value Determination II Information Required for Property Transfer Tax Returns III Notice of Property Transfer Tax Assessment IV Property Transfer Tax Certificate V Request for Information by Administrator VI Request for Reconsideration VII Costs Payable by Debtor Arising from the Collection and Enforcement of Unpaid Taxes
WHEREAS: A. Pursuant to paragraph 5(l)(a) of the First Nations Fiscal Management Act, the council of a first nation may make laws respecting taxation for local purposes of reserve lands and interests in reserve lands;
B. The Council of the Tsawout First Nation deems it to be in the best interests of the First Nation to make a law that provides for the levy and collection of a tax on certain interests in reserve lands at the time of the transfer of those interests; and
C. The Council of the Tsawout First Nation has given notice of this law and has considered any representations received by the Council, in accordance with the requirements of the First Nations Fiscal Management Act;
NOW THEREFORE the Council of the Tsawout First Nation duly enacts as follows:
PART I CITATION 1. Citation 1.1 This Law may be cited as the Tsawout First Nation Property Transfer Tax Law, 2023. PART II DEFINITIONS AND REFERENCEES 2. Definitions and References 2.1 In this Law: "Act" means the First Nations Fiscal Management Act, S.C. 2005, c. 9, and the regulations enacted under that Act;
"administrator" means a person appointed by Council under subsection 3 .1 to administer this Law; "Assessment Law" means the Tsawout First Nation Property Assessment Law, 2008; "civil resolution tribunal" means the civil resolution tribunal established under the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25;
"correcting transfer" means a taxable transfer that was intended to be transferred to the transferee when the original transfer was registered;
"Council" has the meaning given to that term in the Act; "expenditure law" means a law enacted under paragraph 5(1)(b) of the Act; "fair market value" means the fair market value determined in accordance with the applicable rules and formulae set out in Schedule I;
"First Nation" means the Tsawout First Nation, being a band named in the schedule to the Act; "First Nation Entity" means (a) a corporation in which the First Nation beneficially owns, directly or indirectly, shares (i) having not less than fifty percent (50%) of the votes that could be cast at an annual meeting of the shareholders of the corporation, or
(ii) having not less than fifty percent ( 50%) of the fair market value of all of the issued shares of the capital stock of the corporation; or
(b) a partnership in which the First Nation beneficially owns, directly or indirectly, (i) not less than fifty percent ( 50%) of all voting rights of the partnership, or (ii) interests in the partnership having not less than fifty percent (50%) of the fair market value of all of the interests in the partnership;
"holder", in relation to an interest in reserve lands, means a person (a) in possession of the interest, (b) entitled through a lease, licence or other legal means to the interest, (c ) in actual occupation of the interest, or ( d) who is a trustee of the interest; "improvement" means any building, fixture, structure or similar thing constructed, placed or affixed on, in or to land, or water over land, or on, in or to another improvement and includes a manufactured home;
"interest", in relation to reserve lands, means any estate, right or interest of any nature in or to the lands, including any right to occupy, possess or use the lands, but does not include title to the lands that is held by Her Majesty;
"lease" includes a sublease or any further sublease; "lease modification agreement" means an agreement that extends the term of a lease; "local revenue account" means the account referred to in section 13 of the Act; "manufactured home" means a structure, whether or not ordinarily equipped with wheels, that is designed, constructed or manufactured to
(a) be moved from one place to another by being towed or carried, and (b) provide (i) a dwelling house or premises, (ii) a business office or premises, (iii) accommodation for any other purpose, (iv) shelter for machinery or other equipment, or (v) storage, workshop, repair, construction or manufacturing facilities; "member" means a member of the First Nation; "Notice of Tax Assessment" means a notice containing the information set out in Schedule III and includes an amended Notice of Tax Assessment;
"original transfer" means a taxable transfer to a transferee that was in error, or an error was made in the description or survey under which an interest in reserve lands was registered;
"parcel" means a block or other defined area of land on the reserve; "permanent resident of Canada" means a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);
"person" includes a partnership, syndicate, association, corporation and the personal or other legal representatives of a person;
"principal residence" means an interest in reserve lands (a) on which the person in relation to whose residency the exemption in section 12 is claimed usually resided and used as his or her home,
(b) on which there are improvements that are designed to accommodate and that are used to accommodate three (3) or fewer families,
( c) on which all of the improvements are residential improvements, and (d) that is not larger than a half (0.5) hectare; "registration date" means the date on which an application is made to register a taxable transfer in the registry;
"registry" means the Tsawout Lands Register in which interests in reserve lands are registered; "related individual" means (a) a person's spouse, child, grandchild, great-grandchild, parent, parent's spouse, grandparent or great-grandparent,
(b) the spouse of a person's child, grandchild or great-grandchild, or ( c) the child, parent, grandparent or great-grandparent of a person's spouse;
"Request for Information" means a request containing the information set out in Schedule V; "Request for Reconsideration" means a request containing the information set out in Schedule VI; "reserve" means a reserve of the First Nation within the meaning of the Indian Act; "residential property" means an interest in reserve lands that is classified as class 1 property under the Assessment Law;
"residential improvement" means an improvement, or a part of an improvement, constructed on and permanently affixed to land and that is intended to be a dwelling;
"Return" means a tax return containing the information set out in Schedule II and in the form or forms determined by the administrator;
"settlor" means, in relation to an interest in reserve lands held in trust, the person who (a) contributed the interest to the trust estate, or (b) contributed to the trust estate the assets used to acquire the interest, whether or not that person is the creator of the trust; "spouse" includes a common law partner; "tax" means the property transfer tax imposed under this Law and includes all penalties, interest, and costs added to taxes under this Law;
"Tax Certificate" means a certificate containing the information set out in Schedule IV; "taxable transfer" means (a) a transfer, grant, assignment or other disposition of a lease by any method, including by court order (including an order absolute of foreclosure) or by the operation of any enactment,
(b) a transfer, grant or other disposition of a life estate in a lease, including by court order (including an order absolute of foreclosure) or by the operation of any enactment,
( c) the extension of the term of a lease by a lease modification agreement, and ( d) a grant of an option to renew or extend the term of a lease; "taxpayer" means a person liable for payment of tax under this Law; "transferee" means a person to whom an interest in reserve lands is transferred or whose interest is created, increased or given effect to under a taxable transfer; and
"transferor" means a person from whom a transferee receives a taxable transfer. 2.2 For greater certainty, an interest, in relation to reserve lands, includes improvements.
2.3
2.4
2.5
For the purpose of calculating tax payable under this Law, a person registered in the registry as the holder of the interest in reserve lands, other than a person registered only as the owner of a charge, is deemed to be the legal and beneficial holder of the interest, even if the person holds the interest in trust.
For the purposes of this Law, a person is considered to have only one (1) principal residence at a time.
In this Law, references to a Part (e.g. Part I), section (e.g. section 1), subsection (e.g. subsection 1.1) paragraph (e.g. paragraph 3.4(a)), subparagraph (e.g. subparagraph 20.l(c)(i)), clause (e.g. 23 .1 (b )(i)(A)) or Schedule ( e.g. Schedule I) is a reference to the specified Part, section,
3. 3.1 3.2
3.3
3.4
4. 4.1
5. 5.1
5.2
subsection, paragraph, subparagraph, clause or Schedule of this Law, except where otherwise stated.
PART III ADMINISTRATION Administrator Council must appoint an administrator to oversee the administration and enforcement of this Law. The administrator must fulfill the responsibilities given to the administrator under this Law and such other duties assigned to the administrator by the First Nation from time to time.
The administrator may, with the consent of the Council, assign the performance of any duties of the administrator to any officer, employee, contractor or agent of the First Nation.
The administrator must, in each year no later than June 30, report to Council on the administration of this Law during the previous fiscal year, which report must include
(a) (b) ( c) (d) ( e)
the amount of all taxes levied; the amount of all taxes received; the amount of any exemptions from taxes; the amount of any refunds of taxes; a list of all requests for reconsideration received by the administrator and the decision made respecting each request;
(f) any appeals filed; and (g) any enforcement proceedings taken. Revenues and Expenditures Taxes collected by the First Nation must be placed in the local revenue account of the First Nation and expended under the authority of an expenditure law or in accordance with section 13 .1 of the Act.
PARTIV TAX LIABILITY AND LEVY Tax Liability This Law applies to all interests in reserve lands, and every transferee is subject to tax at the time of application for registration of a taxable transfer in respect of an interest in accordance with this Law.
Except where an exemption applies as provided in Part V, a tax (a) is levied and imposed on an interest in reserve lands at the time of the application for registration of a taxable transfer relating to that interest; and
5
5.3
5.4
5.5
5.6
6. 6.1
6.2
6.3 6.4
6.5
(b) must be paid by the transferee in accordance with this Law. A person who is a transferee of a taxable transfer under this Law is liable for the tax even if (a) that person is also liable to pay taxes imposed under other property taxation laws of the First Nation; or
(b)
the interest acquired by a co-transferee of the taxable transfer is exempt from tax under this Law.
Where there is more than one (1) transferee in respect of a taxable transfer, each transferee is jointly and severally liable to the First Nation for the tax imposed under this Law.
Subsection 5.4 does not apply to a co-transferee of a taxable transfer who is exempt from tax under this Law.
Taxes are due and payable under this Law notwithstanding any proceeding initiated or remedy sought by a taxpayer respecting those taxes, including without limitation respecting the assessment of taxes, the applicability of an exemption, or the taxpayer's liability to taxation.
Tax Payment and Filing Return On application for registration of a taxable transfer in the registry, the transferee must (a) pay the tax in accordance with this Law; and (b) file a completed Return in accordance with this Law, whether or not the taxable transfer is exempt from tax under this Law.
The registry must refuse to accept an application for registration of a taxable transfer if (a) the transferee does not pay the tax owing at the time of registration; (b) the transferee does not file a completed Return; or ( c) the administrator or the registry staff have reasonable grounds to believe that the Return is incomplete, or the transferee does not qualify for an exemption being claimed on the Return.
Payment of taxes must be made by cheque, money order or electronic transfer. Payments by cheque or money order must be made payable to the Tsawout First Nation, and payments by electronic transfer must be made as directed by the administrator.
The First Nation must issue a receipt to the taxpayer for taxes paid under this Law
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7. 7 .1
7 .2
7 .3
7.4
8. 8.1
8.2
Payment of Estimated Tax Despite section 6, where the amount of tax owing on a taxable transfer cannot be determined on the registration date because an appraisal or other valuation information is required to determine the fair market value of the taxable transfer, the administrator may, on the request of the transferee,
(a)
(b)
estimate the tax owing using the best information available to the administrator on the registration date; and
authorize the registry to accept the application for registration of the taxable transfer on payment by the transferee of the administrator's estimate of the tax owing.
Where a transferee makes a payment of estimated tax owing under subsection 7 .1, the administrator must, on receipt of the appraisal or other valuation information, determine the tax owing on the taxable transfer.
Despite subsection 7 .2, if the transferee was required to provide the appraisal or other valuation information and the transferee does not provide the information within the required time, the administrator must determine the tax owing on the taxable transfer on the registration date, based on the best information available to the administrator at the time of the determination under this subsection.
Where the administrator makes a determination of tax owing under subsection 7.2 or 7.3, the administrator must deliver a Notice of Tax Assessment to the transferee and section 20 applies.
Tax Rate The tax payable under this Law is the sum of the following: (a) one percent (1 %) of the taxable transfer's fair market value that does not exceed two hundred thousand dollars ($200,000);
(b)
(c)
(d)
two percent (2%) of that portion of the fair market value that exceeds two hundred thousand dollars ($200,000) but does not exceed two million dollars($ 2,000,000);
three percent (3%) of that portion of the fair market value that exceeds two million dollars ($2,000,000); and
where the subject matter of the taxable transfer includes residential property, an additional two percent (2%) of that portion of the fair market value of the residential property that exceeds three million dollars ($3,000,000), determined in accordance with subsection 8.2.
For the purposes of paragraph 8.1 ( d), the fair market value of a residential property is (a) where the subject matter of the taxable transfer includes only residential property, the fair market value of the taxable transfer; and
(b)
where the subject matter of the taxable transfer includes an interest that is not residential property, the fair market value of that portion of the taxable transfer comprising the residential property.
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8.3
If a transferee (a) applies to register a taxable transfer, and (b) within six (6) months after the application referred to in paragraph (a) applies to register one or more additional taxable transfers respecting the same interest,
the tax owing on the taxable transfer referred to in paragraph (b) must be calculated based on the total fair market value of the taxable transfers referred to in paragraphs (a) and (b) as if all the taxable transfers referred to in paragraphs (a) and (b) were a single taxable transfer.
8.4
If (a) (b)
a transferee applies to register a taxable transfer, and one or more related individuals of the person referred to in paragraph (a) apply, as transferees, at the same time as or within six (6) months after the application referred to in paragraph (a), to register one (1) or more taxable transfers respecting the same interest for which the transferor is not the person referred to in paragraph (a),
the tax owing must be calculated based on the total fair market value of the taxable transfers referred to in paragraphs (a) and (b) as if all those taxable transfers were a single taxable transfer, and the transferees referred to in paragraphs (a) and (b) are jointly and severally liable to pay the total tax owing.
8.5
If (a)
(b)
a transferee that is a corporation (in this subsection and subsection 8.6 called the "corporate transferee") applies for registration of a taxable transfer, and
one or more corporations associated with the corporate transferee apply, as transferees, at the same time as or within six (6) months after the application referred to in paragraph (a), for registration of one or more taxable transfers respecting the same interest for which the transferor is not the corporate transferee,
the tax owing on the taxable transfers must be calculated based on the total fair market value of the taxable transfers referred to in paragraphs (a) and (b) as if all those taxable transfers were a single taxable transfer, and the transferees referred to in paragraphs (a) and (b) are jointly and severally liable to pay that total tax.
8.6
8.7
For the purposes of subsection 8.5, a corporation is associated with a corporate transferee if the corporation and the corporate transferee are associated, within the meaning of section 256 of the Income Tax Act (Canada), on the registration date of the taxable transfer referred to in subsection 8.5.
Despite subsection 8.1, a tax in an amount of less than thirty dollars ($30) must not be levied on a taxable transfer.
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9. 9 .1
10. 10.1
10.2
11. 11.1
11.2
Tax Return A Return must be dated and certified (a) if no exemption is claimed, by the transferee or a person with actual authority to certify the Return on behalf of the transferee;
(b)
( c)
if an exemption is claimed and the transferee is an individual, by the transferee or by an agent of the transferee who has personal knowledge of the matters certified; or
if an exemption is claimed and the transferee is a corporation, by a person who has personal knowledge of the matters certified and actual authority to certify the return on behalf of the transferee.
Correcting Transfer Despite section 8, the tax payable for a correcting transfer is the tax payable determined under that section as if the fair market value of the taxable transfer were determined on the registration date of the original transfer.
On the registration of a correcting transfer, the amount of tax paid by a transferee in respect of the original transfer is deemed to be tax
(a) (b)
paid by the transferee in respect of the correcting transfer; and paid on the registration date of the correcting transfer.
PARTY EXEMPTIONS FROM TAXATION Applicability of Exemptions A transferee is exempt from taxation on a taxable transfer under sections 12 and 13 only where (a) the taxable transfer is within any of the descriptions set out in sections 12 and 13; and (b) the transferee files a claim for the exemption concurrently with the transferee's completed Return and application for registration of the taxable transfer in the registry.
A claim for an exemption under this section must (a) be in the form required by the administrator; (b) provide sufficient information for the administrator to confirm that the taxable transfer or the transferee, as the case may be, qualifies for the exemption claimed; and
( c)
include a consent by the transferee to the administrator conducting inquiries respecting the taxable transfer and the transferee that the administrator considers necessary to confirm the qualification for the exemption.
9
12. 12.1
12.2
Exemptions from Taxation In this section a related individual must be a person who is a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act.
A transferee is exempt from taxation on a taxable transfer under this Law where the taxable transfer IS
(a)
(b)
( c)
( d)
(e)
(f)
(g)
from a transferor who is not a trustee to a transferee who is a related individual, if the interest transferred has been the principal residence of either the transferor or the transferee for a continuous period of at least six (6) months immediately before the registration date;
from a trustee of a deceased's estate or of a trust established under a deceased's will and who is registered in that capacity in the registry, to a transferee, if
(i) (ii)
(iii)
the transferee is a beneficiary of the estate or trust, the transferee beneficiary was a related individual of the deceased at the time of the deceased's death, and
immediately before the deceased's death, the interest to be transferred was the deceased's principal residence or had been the transferee's principal residence for a continuous period of at least six (6) months;
from a trustee of a trust that is settled during the lifetime of the settlor and who is registered in that capacity in the registry, if
(i) (ii) (iii)
the transferee is a beneficiary of the trust, the transferee beneficiary is a related individual of the settlor of the trust, and the interest transferred was the principal residence of either the settlor or the transferee for a continuous period of at least six (6) months immediately before the date of transfer or of the transferee beneficiary for that period;
from a transferor to a transferee who is a spouse or former spouse of the transferor where the transfer is made pursuant to a written separation agreement, a court order, or other legally binding order or agreement under an applicable provincial, federal or First Nation enactment respecting the division of matrimonial or family property;
to change a joint tenancy to a tenancy in common, if (i) the persons holding the interest are the same before and after the transfer, and (ii) each person holding a share of the interest after the transfer has an interest equal to that held by the other holders;
by operation of law to the survivor of a joint tenancy consequent on the death of a joint tenant holder of the interest;
in relation to the subdivision of an interest into smaller parcels, where
(h)
(i) (i)
(k)
(1)
(m)
(n)
( o)
(p)
(i)
(ii)
the transferee of one or more of the resulting subdivided parcels was one of the registered holders of the original interest immediately before its subdivision, and
the transferee's proportionate share of the fair market value of those smaller parcels, calculated using the fair market values as they were immediately after the subdivision, does not exceed the transferee's proportionate share of the fair market value of the original interest, calculated using the fair market value as it was immediately before the subdivision;
by which an interest reverts, escheats or is forfeited to the First Nation or the Crown, or by which an interest that has reverted, escheated or been forfeited to the First Nation or the Crown is returned to its previous holder;
to the trustee in bankruptcy of an interest forming part of the estate of a bankrupt; from the trustee in bankruptcy to the bankrupt of an interest forming part of the estate of the bankrupt, if no consideration for the transfer is paid by or on behalf of the bankrupt transferee and a declaration to that effect is made by the transferee and the transferor on the application for the exemption;
from the trustee in bankruptcy to the spouse or former spouse of the bankrupt of an interest forming part of the estate of the bankrupt, if
(i)
(ii)
the interest transferred was the principal residence of the bankrupt immediately before the date of the bankruptcy, and
no consideration for the transfer is paid by or on behalf of the transferee and a declaration to that effect is made by the transferee and the transferor on the application for the exemption;
to a person in his or her capacity as personal representative, if the interest transferred is part of the deceased's estate;
of a life estate in a lease, if the transferee of that life estate transferred the lease in the same interest to the transferor of the life estate in a concurrent transaction;
to a mortgagee, if the mortgagee was the immediately preceding holder of the interest that was subject to the mortgage;
to the provincial public guardian and trustee or the Minister of Indigenous Services, if (i) the interest transferred is to be held in trust by the public guardian and trustee or the Minister of Indigenous Services, as the case may be, for the sole benefit of a minor,
(ii)
(iii)
the minor is a related individual of the transferor or the person whose estate is the transferor, and
the interest transferred was the principal residence of the minor, the transferor, or the person whose estate is the transferor;
from the provincial public guardian and trustee or the Minister of Indigenous Services, if
11
13. 13 .1
( q)
(r)
(s)
(t)
(i)
the interest transferred was held in trust by the public guardian and trustee or the Minister oflndigenous Services, as the case may be, for the sole benefit of a minor, and
(ii) the transferee is the beneficiary; from a transferor to a transferee, each of whom is registered in the registry as a trustee of the interest, if
(i)
(ii)
the change in trustee is for reasons that do not relate, directly or indirectly, to a change in beneficiaries or in a class of beneficiaries or to a change in the terms of the trust, and
the transferor and the transferee make a declaration to that effect on the application for the exemption;
for the purpose of transferring an interest (i) that was transferred in error, or (ii) in respect of which an error was made in the description or survey relating to the registration of the interest;
to a not-for-profit educational institution, including a public school, university, technical institute or public college, if the interest being transferred will be used for an educational purpose; and
to a not-for-profit hospital or health institution, if the interest being transferred will be used for hospital or health care related purposes.
Additional Exemptions A transferee is exempt from taxation on a taxable transfer under this Law where the taxable transfer is to
(a) (b) (c )
(d)
the First Nation as the sole transferee; a First Nation Entity as the sole transferee; a corporation in which the First Nation beneficially owns, directly or indirectly, all of the shares of the corporation, where the corporation is the sole transferee;
a member where, in respect of the taxable transfer, (i) the member is the only transferee, (ii) all of the transferees are members, or (iii) the member and the member's spouse are the only transferees, provided that the transferee will hold the interest directly and not as a trustee;
12
13 .2
14. 14.1
14.2
15. 15.1
15 .2
16. 16.1
(e)
a trustee who will hold the interest in trust only for the sole benefit of one (1) or more members and no other person.
Where an exemption is given under paragraph 13 .1 (b ), ( d) or ( e ), the First Nation must (a) pay into the local revenue account an amount equivalent to the taxes that would have been payable by the exempted person or corporation had the exemption not applied; and
(b) make the payment under paragraph (a) using moneys that are not local revenues. PART VI REVIEWS, INFORMATION REQUESTS AND INSPECTIONS Review by Administrator The administrator must review every Return and every claim for an exemption submitted under this Law.
The administrator may determine whether (a) a Return is accurate; (b) a claim for an exemption is accurate; ( c) the tax owing has been paid as required by this Law; and (d) any provision of this Law has been contravened. Requests for Information or Documents The administrator may deliver a Request for Information to any person, including a transferor, a transferee, or a holder of an interest on which tax has or should have been levied, and that person must provide to the administrator, within fourteen (14) days or a longer period as specified in the notice, information, including the production of records, for any purpose related to the administration of this Law.
The administrator is not bound by any information provided under subsection 15 .1, and may despite any information delivered or if no information is delivered, make a tax assessment in respect of taxes payable, or make any other determination or take such action as the administrator determines appropriate.
Inspections The administrator or another person authorized by the First Nation may, for any purpose related to the administration or enforcement of this Law,
(a)
(b)
during normal office hours enter into a place where a business is carried on, or where anything is done in connection with a business, or where business records are or should be kept, and inspect the records that relate or may relate to the amount of tax payable under this Law; and
examine any interest in reserve lands an examination of which may, in the person's opinion, assist in determining the accuracy of a Return or a claim for an exemption,
13
16.2
16.3
17. 17 .1
17.2
17 .3
17.4
information that is or should be in the Return or the claim for an exemption, or the amount of tax payable under this Law.
If a record has been inspected or produced under this section, the person by whom it is inspected or to whom it is produced may make copies of that record.
A person must not obstruct a person doing anything that he or she is authorized by this section to do.
PART VII REFUNDS Refund of Taxes Paid If a person has paid tax pursuant to a Notice of Tax Assessment and, as a result of (a) a decision of the administrator under section 21, or (b) an order of the court under section 22, the tax payable is less than the amount actually paid, the administrator must refund the excess tax paid, including interest on the amount overpaid calculated in accordance with subsection 17.4.
If, after a person has paid tax under section 6, (a) the person withdraws the application for registration, or (b) the application for registration is rejected and not resubmitted, the administrator must refund the tax paid, including interest calculated in accordance with subsection 17.4.
If a person is deemed to have paid tax in respect of a correcting transfer and the tax payable is less than the amount deemed to have been paid, the administrator must refund the overpaid tax, including interest on the amount overpaid calculated in accordance with subsection 17.4.
Where interest is payable on a refund of taxes under this Law, the administrator must calculate the interest payable as follows:
(a) (b)
( c) (d )
interest accrues from the date that the taxes were originally paid to the First Nation; the interest rate during each successive three (3) month period beginning on January 1, April 1, July 1 and October 1 in every year is two percent (2%) below the prime lending rate of the principal banker to the First Nation on the 15th day of the month immediately preceding that three (3) month period;
interest will not be compounded; and interest stops running on the earliest of the day payment of the money owed is mailed, delivered or actually received by the person to whom it is owed.
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18. 18.1
18.2
18.3
18.4
18.5
18.6
19. 19 .1
19 .2
20. 20.1
Refund of Taxes on Application Where a person has paid an amount as tax under this Law in circumstances where there was no legal obligation to pay the amount as tax, the person may apply to the administrator for a refund of the amount paid.
To claim a refund under subsection 18.1, a person must (a) submit to the administrator a written application, in the form required by the administrator, signed by the person who paid the amount claimed; and
(b)
provide sufficient evidence to satisfy the administrator that the person who paid the amount is entitled to the refund.
For the purposes of paragraph 18.2(a), if the person who paid the amount claimed is a corporation, the application must be signed by an authorized signatory of the corporation.
Where the administrator receives an application for a refund under this section and is satisfied that person paid an amount as tax in circumstances where there was no legal obligation to pay the amount as tax, the administrator must refund that amount to the person entitled to it, without interest.
As a limitation on subsection 18.4, the administrator must not provide a refund for an amount paid more than two (2) years before the date on which the application for a refund is submitted under paragraph 18.2(a).
Where the administrator determines that a refund is not payable under this section, the administrator must give a written notice to the transferee stating the reasons a refund is not payable and the notice is deemed to be a Notice of Tax Assessment for the purpose of allowing the taxpayer to make a Request for Reconsideration under this Law.
Recovery of a Refund Wrongly Obtained If a refund is made under this Law and the administrator subsequently determines that the person was not entitled to the refund, or was entitled only to a refund in a lesser amount, the amount of the refund to which the person was not entitled is deemed to be tax imposed by section 6 which was required to have been paid by the person on the date the refund was made to the person.
Where the administrator makes a determination under subsection 19 .1, the administrator must give a Notice of Tax Assessment to the person stating the reasons the person was not entitled to the refund, or was entitled only to a refund in a lesser amount, and the amount of taxes payable, including interest and penalties where section 27 applies.
PART VIII ASSESSMENT, RECONSIDERATION AND APPEAL Tax Assessment by Administrator The administrator may determine, in respect of a taxable transfer, and on information available to the administrator,
(a)
the fair market value of a taxable transfer;
15
20.2
20.3
20.4
20.5
20.6
20.7
20.8
20.9
(b) the applicability of an exemption claimed under this Law; and (c) the tax owing by a transferee under this Law. If the administrator determines that (a) the fair market value indicated on a Return is not correct, (b) an exemption claimed by a transferee is not applicable, or ( c) for any reason a transferee has not paid the correct amount of tax, the administrator must make a tax assessment and deliver a Notice of Tax Assessment to the transferee.
The Notice of Tax Assessment must set out, as applicable, (a) the name and address of the transferee; (b) a description of the interest in reserve lands; (c) the administrator's determination of the fair market value of the taxable transfer; (d) the administrator's determination of the applicability of an exemption claimed by the transferee;
(e) ( f) (g)
the administrator's determination of the total amount of tax payable on the taxable transfer; the amount of tax paid by the transferee; any penalty and interest owing by the transferee under Part X, as of the date of the Notice of Tax Assessment;
(h) the balance of tax owing or overpaid; and (i) the date of the Notice of Tax Assessment. The delivery of a Notice of Tax Assessment by the administrator constitutes a statement of and demand for payment of the taxes where taxes are owing.
Where a Notice of Tax Assessment indicates an overpayment of taxes, the administrator must refund any excess taxes that have been paid, in accordance with this Law.
Where a Notice of Tax Assessment indicates taxes owing, the taxes are due and payable within thirty (30) days after the date shown on the Notice of Tax Assessment, whether or not a taxpayer delivers a Request for Reconsideration in respect of the tax assessment.
Subject to being varied on reconsideration, a Notice of Tax Assessment is valid and binding despite any error, defect, omission, or error in procedure.
Except as provided in subsections 20.9 to 20.10, the administrator must issue a Notice of Tax Assessment within one ( 1) year after the registration date of a taxable transfer.
Where a claim for an exemption is made under paragraph 12.2(g), the administrator must issue a 16
20.10
21. 21.1
21.2
21.3
21.4
21.5
21.6
21. 7
Notice of Tax Assessment within twenty-four (24) months after the date of the first transfer after the subdivision.
Despite the time limitations set out in this section, where the administrator determines that a person has made any misrepresentation that is attributable to neglect, carelessness or wilful default, or has committed any fraud, in supplying any information under this Law, in claiming an exemption or applying for a refund, or in omitting to disclose any information, or the person has failed to deliver a Return required by this Law, the administrator may make a tax assessment and deliver a Notice of Tax Assessment to that person at any time.
Reconsideration of Tax Assessment A transferee who receives a Notice of Tax Assessment may request that the administrator reconsider that tax assessment by delivering a Request for Reconsideration to the administrator within sixty (60) days after the date shown on the Notice of Tax Assessment.
A Request for Reconsideration must include the reasons for the request and set out all relevant facts, including an estimate of the fair market value if that information is relevant to the request.
On receipt of the Request for Reconsideration, the administrator must consider the request and, within thirty (30) days after receiving the Request for Reconsideration, either
(a) confirm the assessment or the refusal to provide a refund, as the case may be; or (b) vary the assessment or provide a refund, as the case may be. Where, under subsection 21.3, the administrator confirms the assessment or the refusal to provide a refund, the administrator must give a written notice of that decision to the transferee.
Where, under paragraph 21.3(b), the administrator decides to vary an assessment or provide a refund, the administrator must determine the taxes and interest owing on the taxable transfer, if any, or the refund payable, as the case may be, and deliver an amended Notice of Tax Assessment to the transferee reflecting the decision.
The administrator may extend the time limit for a transferee to deliver a Request for Reconsideration where
(a)
(b)
an application for extension 1s made before the expiry of the time allowed under subsection 21.1; and
the application contains the reason for the extension and specifies the period of time applied for.
A Request for Reconsideration may not be made in respect of a reconsideration decision, or in respect of an amended Notice of Tax Assessment given under subsection 21.5.
17
22. 22.1
22.2
22.3
22.4
22.5
23. 23 .1
24. 24.1
24.2
Appeal to Court An appeal lies from a decision of the administrator under section 21 to a court of competent jurisdiction.
An appeal under this section must be commenced within sixty (60) days of the notice of the administrator's decision.
An appeal under this section is a new hearing that is not limited to the evidence and issues that were before the administrator.
The court may dismiss the appeal, allow the appeal, vary the decision from which the appeal is made or refer the decision back to the administrator for reconsideration.
An appeal lies from a decision of the court to the appellate court with leave of a justice of that court. PARTIX RECORDS AND TAX CERTIFICATES Record of Taxes Levied The administrator must keep the following records in respect of the administration of this Law: (a) all taxes levied; (b) all Returns received; ( c) all applications for exemptions received and the decision made respecting each request; ( d) all tax payments made and receipts issued; ( e) all requests for reconsideration received by the administrator and the decision made respecting each request;
(f) all refund applications received and all refunds paid; and (g) all enforcement proceedings taken. Tax Certificate On receipt of a written request and payment of the fee set out in subsection 24.2, the administrator must issue a Tax Certificate showing whether taxes have been paid in respect of a taxable transfer, and if not, the amount of taxes outstanding.
The fee for a Tax Certificate is one hundred dollars ($100) for each taxable transfer.
18
25. 25 .1
26. 26.1
27. 2 7 .1
28. 28.1
28.2
29. 29.1
29.2
29.3
29.4
PARTX PENALTIES AND INTEREST Interest Where this Law provides for the payment of interest on unpaid taxes, the interest accrues on the unpaid taxes at the rate of fifteen percent (15%) per year until paid or recovered, and accrued interest is, for all purposes, deemed to be part of the taxes.
Penalty Where this Law provides for a penalty to be added to unpaid taxes, a one-time penalty of ten percent ( 10%) of the portion of the taxes that remain unpaid must be added to the amount of the unpaid taxes and the amount added is, for all purposes, deemed to be part of the taxes.
Penalty and Interest in Certain Situations If the administrator determines that a transferee provided information that is false or misleading (a) in support of an exemption from tax under this Law, (b) in support of an application for a refund under section 18, or ( c) relating to the fair market value of a taxable transfer, the transferee must pay, in addition to the taxes owing on the taxable transfer, a penalty on the unpaid taxes added as of the registration date and interest calculated from the registration date.
Penalty and Interest Where Notice of Assessment Not Paid Except where a penalty is applied under section 27, a penalty must be added to taxes that remain unpaid on the day after the due date shown on a Notice of Tax Assessment.
Except where interest is applied under section 27, interest must accrue on taxes that remain unpaid on the day after the due date shown on a Notice of Tax Assessment, starting on the first day after the due date until the date the taxes are actually paid.
PART XI COLLECTION AND ENFORCEMENT Recovery of Unpaid Taxes Taxes levied under this Law are a debt owed to the First Nation, recoverable by the First Nation in a court of competent jurisdiction, in a proceeding before the civil resolution tribunal, or in any manner permitted by law.
The use of one method of collection and enforcement does not prevent seeking recovery by one or more other methods.
A copy of a Notice of Tax Assessment that refers to the taxes payable by a person, certified as a true copy by the administrator, is evidence of that person's debt for the taxes.
Costs incurred by the First Nation in the collection and enforcement of unpaid taxes
19
30. 30.1
30.2
31. 31.1
31.2
31.3
31.4
31.5
31.6
31. 7
32. 32.1
32.2
(a) are determined in accordance with Schedule VII; and (b) are payable by the debtor as unpaid taxes. Notice of Enforcement Proceedings Before taking enforcement proceedings for the recovery of taxes, the administrator must give written notice to the taxpayer of the intention to enforce payment.
Failure to give notice under subsection 30.1 does not affect the validity of proceedings taken for the recovery of taxes or money to be collected as taxes under this Law.
Creation of Lien Unpaid taxes are a lien on the interest in reserve lands to which they pertain that attaches to the interest and binds subsequent holders of the interest.
The administrator must maintain a list of all liens created under this Law and file a notice of the lien in the registry.
A lien listed under subsection 31.2 has priority over any unregistered or registered charge, claim, privilege, lien or security interest in respect of the interest in reserve lands.
The administrator may apply to a court of competent jurisdiction to protect or enforce a lien under subsection 31.1 where the administrator determines such action is necessary or advisable.
On receiving payment in full of the taxes owing in respect of which a lien was created, the administrator must register a discharge of the lien without delay.
Discharge of a lien by the administrator is evidence of payment of the taxes with respect to the interest.
A lien is not lost or impaired by reason of any technical error or omission in its creation or recording in the list of liens.
PART XII GENERAL PROVISIONS Disclosure of Information The administrator or any other person who has custody or control of information or records obtained or created under this Law must not disclose the information or records except
(a) in the course of administering this Law or performing functions under it; (b) in proceedings before the civil resolution tribunal or a court of law; or ( c) in accordance with subsection 32.2. The administrator may disclose to the agent of a transferee confidential information relating to the taxable transfer if the disclosure has been authorized in writing by the transferee.
20
32.3
33. 33.1
34. 34.1
35. 35.1
35.2
36. 36.1
An agent must not use information disclosed under subsection 32.2 except for the purposes authorized in writing by the transferee referred to in that subsection.
Disclosure for Research Purposes Notwithstanding section 32, (a) the administrator may disclose information and records to a third party for research purposes, including statistical research, provided the information and records do not contain information in an individually identifiable form or business information in an identifiable form;
(b)
Council may disclose information and records to a third party for research purposes, including statistical research, in an identifiable form where
(i)
(ii)
the research cannot reasonably be accomplished unless the information is provided in an identifiable form, and
the third party has signed an agreement with Council to comply with Council's requirements respecting the use, confidentiality and security of the information.
Validity Nothing under this Law must be rendered void or invalid, nor must the liability of any person to pay tax or any other amount under this Law be affected by
(a)
(b)
( c)
an error or omission in a determination made by the administrator, the First Nation or any person authorized by the First Nation;
an incorrect or incomplete assessment, a failure to make an assessment, or an error, defect or omission in procedure in a Notice of Tax Assessment or any notice given under this Law; or
a failure of the First Nation, administrator or any person authorized by the First Nation to do something within the required time.
Limitation on Proceedings Except as specifically provided in this Law, a person must not commence an action or proceeding for the return of money paid to the First Nation, whether under protest or otherwise, on account of a demand, whether valid or invalid, for taxes or any other amount paid under this Law, after the expiration of six ( 6) months from the date the cause of action first arose.
If a person fails to start an action or proceeding within the time limit prescribed in this section, the money paid to the First Nation is deemed to have been paid voluntarily.
Notices Where in this Law a notice is required to be given by mail or where the method of giving the notice is not otherwise specified, it must be given
(a)
by mail to the recipient's ordinary mailing address;
21
36.2
37. 3 7 .1
37.2
3 7 .3
37.4
37.5
37.6
(b)
(c)
where the recipient's address is unknown, by posting a copy of the notice in a conspicuous place on the recipient's property; or
by personal delivery or courier to the recipient or to the recipient's ordinary mailing address.
Except where otherwise provided in this Law, (a) a notice given by mail is deemed received on the fifth day after it is posted; (b) a notice posted on property is deemed received on the second day after it is posted; and (c ) a notice given by personal delivery is deemed received upon delivery. Interpretation The provisions of this Law are severable, and where any provision of this Law is for any reason held to be invalid by a decision of a court of competent jurisdiction, the invalid portion must be severed from the remainder of this Law and the decision that it is invalid must not affect the validity of the remaining portions of this Law.
Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise.
Words in this Law that are in the singular include the plural, and words in the plural include the singular.
This Law must be construed as being remedial and must be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives.
Reference in this Law to an enactment is a reference to the enactment as it exists from time to time and includes any regulations made under the enactment.
Headings form no part of this Law and must be construed as being inserted for convenience of reference only.
22
38. 38.1
Force and Effect This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission.
THIS LAW IS HEREBY DULY ENACTED by Council on the 11 day of January, 2023, at Saanichton, in the Province of British Columbia.
~
A quorum of Council consists of five ( 5) members of Council. ()f!@n~tn Councillor Allan Claxton Ci r Councillor Toby Joseph ,A2e~; Councillor Stanley Sam
"Z:-
Councillor Donald Williams
23
1. 1.1
2. 2.1
2.2
2.3
2.4
2.5
SCHEDULE I FAIR MARKET VALUE DETERMINATION Interpretation In this Schedule, (a) a reference to the "rent" does not include an amount that is separately calculated under a lease and is payable to a lessor in reimbursement for
(b)
( c)
(i) (ii)
taxes, or reasonable expenses relating to the operation of a multi-tenant premises of which the demised interest in reserve lands forms a part;
"appraisal" means an appraisal conducted by an independent appraiser who is designated Accredited Appraiser Canadian Institute by the Appraisal Institute of Canada or designated, registered or licensed as a certified appraiser under the laws of the Province of British Columbia, as applicable; and
"assessed value" means the most recent assessed value of an interest in reserve lands determined in accordance with the First Nation's assessment law made under subparagraph 5(1)(a)(i) of the Act.
Determination of Lease Term and Life Estate Term Subject to section 6, and subsections 2.2, 2.3 and 2.5, the term of a lease is the sum of (a) the number of years for which a transferee has the right to occupy the demised interest in reserve lands; and
(b)
the maximum number of years not counted under paragraph (a) that, by the exercise of rights or options to renew or extend the lease, the transferee may occupy the demised interest in reserve lands.
Subject to subsection 2.3, the term of a lease is the unexpired portion of the term determined under subsection 2.1 on the registration date.
If the lease is a time-share or fractional ownership plan, the term of the lease must be determined by adding together the number of years during which the transferee may, for any part of a year, occupy the interest.
Subject to subsection 2.5, the term of a life estate is the number of years of life expectancy based on Table 3 remaining to the holder of the life estate on the registration date of the life estate in the registry.
Where the term of a lease or life estate would otherwise be expressed as a fraction of a year or as a number of years plus a fraction of a year, the term must be rounded up to the next whole number.
24
3. 3 .1
3.2
4. 4.1
Fair Market Value of Prepaid Leases The fair market value of a transfer involving the granting or transfer of a prepaid lease is the amount of the purchase price paid by the transferee in money and in other consideration where
(a)
the rent under the lease is not subject to adjustment or renegotiation and has been paid for the term of the lease before the registration date or will be paid within one (1) year of that date; and
(b) the lessor and the transferee deal with each other at arm's-length. If a lessor and a transferee are not at arm's-length, the fair market value is the amount that would have been paid if the leasehold interest had been sold on the registration date in the open market by a willing seller to a willing purchaser free of any trust and unencumbered by a judgment for the payment of money, or a mortgage, or any other financial instrument that secures the payment of money or the performance of an obligation.
Fair Market Value of Lease Having a Term Not Exceeding 30 Years The fair market value of a transfer involving the grant or transfer of a lease (a) to which section 3 does not apply, (b) the term of which does not exceed thirty (30) years, and (c) where the lessor and the transferee deal with each other at arm's-length, is, subject to an election under subsection 4.2, the amount determined in accordance with the following formula:
LSC + (ARP x PVF) where LSC = any lump sum consideration paid by the transferee for the grant or transfer of the lease, including for any improvements on the leasehold interest; ARP = the annual rent payment to be made during the last year for which rents are fixed pursuant to a lease; and PVF = the present value factor set out in Column 2 of Table 2 that is opposite the number of years in Column 1 that corresponds to the term of the lease.
4.2 5. 5 .1
The transferee may elect to calculate the fair market value of the lease under section 5. Fair Market Value of Other Leases Subject to subsection 5 .2, the fair market value of a lease to which section 4 does not apply is the amount determined in accordance with the following formula:
VSixP where VSI = the fair market value of the fee simple interest, including improvements, in the demised interest in reserve lands; and
P = the percentage set out in Column 2 of Table 1 opposite the period in Column 1 that
25
5.2
corresponds to the term of the lease. For the purposes of subsection 5.1 where part of the improvements on a parcel ofland are leased, the fair market value of the demised interest in reserve lands is determined in accordance with the following formula:
VSI X p X ARADP ARA where VSI = the fair market value of the fee simple interest, including improvements, within which the demised interest in reserve lands is situated;
P = the percentage set out in Column 2 of Table 1 opposite the period in Column 1 that corresponds to the term of the lease; ARADP = the aggregate rentable area of the demised interest in reserve lands; and ARA = the aggregate rentable area of the improvements on the land within which the demised interest in reserve lands is situated.
5.3
5.4
5.5
5.6
6. 6.1
6.2
6.3
The VSI in subsections 5.1 and 5.2 is the assessed value of the leasehold interest in reserve lands, if available.
If an assessed value is not available, the administrator may (a) determine the VSI using the best available data, which may include assessed values or appraisal data of comparable properties; or
(b) require the transferee to provide an appraisal of the VSI at the transferee's cost. If the administrator determines the VSI under paragraph 5.4(a), the transferee may, within ten (10) days after the administrator advised the transferee of the VSI, elect to provide an appraisal of the VSI to the administrator at the transferee's cost and within an additional twenty-one (21) days or such additional time frame as agreed to by the administrator.
If the transferee provides an appraisal under subsection 5.5, the administrator must use the VSI determined by the appraisal for the purposes of this section.
Fair Market Value of a Lease Modification Agreement The term of the lease modification agreement for the purposes of this section is the sum of the number of years, applying subsection 2.5, by which the lease is extended by the lease modification agreement.
For the purposes of paragraph 6.1, options or rights to renew or extend the lease pursuant to the lease modification agreement are deemed exercised to give the maximum possible extension.
Subject to subsection 6.5, where the term of the lease modification agreement is one hundred (100) years or less, its fair market value is the amount determined in accordance with the following formula:
where
LSC + (ARP x PVF) LSC = any lump sum consideration paid by the transferee for the lease modification,
26
ARP
including for any improvements on the leasehold interest; the annual rent payment to be made during the last year for which rents are fixed pursuant to the lease as extended by the lease modification agreement; and
PVF = the present value factor set out in Column 2 of Table 2 that is opposite the number of years in Column 1 that corresponds to the number of years applicable under paragraph 6.1.
6.4
6.5
7. 7.1
8.
8.1
Where the term of the lease modification agreement exceeds one hundred years (100) years, subsection 6.5 applies for the purpose of calculating the fair market value of the lease modification agreement except that "P" equals the percentage in Column 2 of Table 1 that is opposite the period in Column 1 that corresponds to the number of years applicable under paragraph 6.1.
The transferee may elect to calculate the fair market value of the lease under section 5 as modified by subsection 6.4.
Fair Market Value of Life Estates The fair market value of a life estate in a lease is the amount determined in accordance with the following formula:
where
VFSxP VFS = the fair market value of the leasehold interest determined (a) as though the life estate did not exist; and
P
(b) under section 3, 4 or 5 as applicable. the percentage in Column 2 of Table 1 that is opposite the period in Column 1 that corresponds to the term of the life estate.
Transfers That are not Arm's-Length
Where a transferor and a transferee do not deal with each other at arm's-length, the administrator may
(a) (b)
use the assessed value; or require the transferee to provide with the Return, as applicable and at the transferee's cost, an appraisal of
(i) (ii)
(iii)
the valuation required under subsection 3.2, the ARP under section 4 or section 6 that would be paid on the open market on the registration date by an arm's-length transferee, or
the VSI under section 5 that would be paid on the open market on the registration date by an arm's-length transferee.
27
TABLE I-PERCENTAGE OF FAIR MARKET VALUE Column 1 Column 2
Term of Lease Agreement or Life Expectancy
5 years or less More than 5 years but not more than 10 years More than 10 years but not more than 20 years More than 20 years but not more than 30 years More than 30 years but not more than 40 years More than 40 years but not more than 50 years More than 50 years
Percentage of Fair Market Value of the Demised Premises or the Land Subject to the Life Estate
40%
50%
60%
70%
80%
90% 100%
TABLE 2- PRESENT VALUE FACTORS Column 1 Column 2
Term of Lease Agreement 1 2 3 4 5
Present Value Factor (at 8%) 1.0 1.8 2.6 3.3 4.0
28
Column 1 Term of Lease Agreement 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Column 2 Present Value Factor (at 8%) 4.6 5.2 5.7 6.2 6.7 7.1 7.5 7.9 8.2 8.6 8.9 9.1 9.4 9.6 9.8 10.0 10.2 10.4 10.5 10.7 10.8 10.9 11.1
29
Column 1 Term of Lease Agreement 29 30-31 32 33 34 35-36 37-38 39-40 41-43 44-46 47-50 51-57 58-71 72-100
Age of Transferee
0 1 2 3 4 5
Column 2 Present Value Factor (at 8%) 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 12.0 12.1 12.2 12.3 12.4 12.5
TABLE 3 -LIFE EXPECTANCY Male Life Expectancy
71.88 71.67 70.73 69.77 68.80 67.84
Female Life Expectancy
78.98 78.65 77.70 76.74 75.77 74.79
30
Age of Transferee 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
Male Life Expectancy 66.86 65.88 64.90 63.91 62.92 61.94 60.95 59.97 59.00 58.04 57.10 56.16 55.23 54.31 53.39 52.47 51.55 50.63 49.71 48.78 47.86 46.92 45.99 45.05
Female Life Expectancy 73.81 72.83 71.84 70.86 69.87 68.88 67.90 66.91 65.93 64.95 63.97 63.00 62.02 62.05 60.08 59.11 58.14 57.16 56.19 55.22 54.25 53.27 52.30 51.33
31
Age of Transferee 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53
Male Life Expectancy 44.11 43.17 42.22 41.28 40.34 39.39 38.45 37.52 36.58 35.65 34.72 33.80 32.88 31.97 31.06 30.16 29.27 28.39 27.52 26.66 25.81 24.97 24.14 23.33
Female Life Expectancy 50.36 49.39 48.42 47.45 46.48 45.51 44.55 43.59 42.63 41.68 40.73 39.78 38.84 37.90 36.97 36.04 35.11 34.19 33.28 32.37 31.47 30.57 29.68 28.80
32
Age of Transferee 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77
Male Life Expectancy 22.52 21.73 20.95 20.18 19.43 18.69 17.96 17.25 16.56 15.88 15.21 14.57 13.93 13.32 12.72 12.14 11.58 11.03 10.49 9.98 9.48 9.00 8.53 8.09
Female Life Expectancy 27.93 27.06 26.20 25.35 24.51 23.68 22.85 22.03 21.22 20.42 19.63 18.85 18.09 17.33 16.59 15.86 15.14 14.44 13.75 13.08 12.42 11.78 11.15 10.54
33
Age of Transferee 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101
Male Life Expectancy 7.66 7.25 6.85 6.48 6.12 5.78 5.45 5.14 4.85 4.57 4.30 4.05 3.82 3.59 3.38 3.19 2.96 2.65 2.27 1.84 1.41 1.05 0.79 0.60
Female Life Expectancy 9.95 9.39 8.84 8.32 7.82 7.34 6.88 6.45 6.04 5.65 5.28 4.93 4.60 4.29 3.99 3.71 3.39 2.99 2.51 1.99 1.50 1.10 0.81 0.61
34
Age of Transferee 102
Male Life Expectancy 0.50
Female Life Expectancy 0.50
35
SCHEDULE II TSAW OUT FIRST NATION INFORMATION REQUIRED FOR PROPERTY TRANSFER TAX RETURNS
The Property Transfer Tax Return form or forms must require at least the following information: (a) the name and address of the transferee; (b) the street address and legal description of the interest to which the taxable transfer relates; ( c) the registration date of the taxable transfer; ( d) the name of the transferor; ( e) the term of the lease, determined in accordance with the Law; (f) the fair market value of the taxable transfer, determined in accordance with the Law; (g) for a prepaid lease, the gross purchase price paid for the taxable transfer, including any non-monetary or other consideration paid or provided;
(h) where the gross purchase price differs from the fair market value, the reason for the difference; (i) where a lease is not prepaid, the rent payment, lump sum consideration payment and other information required to calculate the fair market value under the Law; and
(j) the calculation of the amount of property transfer tax payable on the taxable transfer.
36
SCHEDULE III TSAW OUT FIRST NATION NOTICE OF PROPERTY TRANSFER TAX ASSESSMENT
DATEOFNOTICE: ___, 20_ This Notice is given pursuant to section 20 of the Tsawout First Nation Property Transfer Tax Law, 2023 to:
NAME:
ADDRESS: _____________________________
RESPECTING THE TRANSFER RELATING TO THE INTEREST IN RESERVE LANDS DESCRIBED AS: _____________________________
DATE OF TRANSFER: ________, 20_. The administrator has undertaken an assessment of the tax payable on the taxable transfer relating to the above-referenced interest in reserve lands.
SUMMARY OFTA X ASSESSMENT: EXEMPTION CLAIMED: APPLICABILITY OF EXEMPTION: ____________________ PURCHASE PRICE PAID (WHERE APPLICABLE): $ ____ FAIR MARKET VALUE OF TAXABLE TRANSFER: $ ___ PROPERTY TRANSFER TAX OWING ON TAXABLE TRANSFER: $ ___ PROPERTY TRANSFER TAX PAID BY TRANSFEREE: $ ----INTEREST ACCRUED AS OF DATE OF THIS NOTICE: $ ____
PENALTY ASSESSED AS OF DATE OF THIS NOTICE: $ ____ TOTAL TAXES DUE AND OWING: $ ___ DUEDATE: ___ ,20_ All taxes owing are due and payable in full on or before the due date. Payments must be made at the offices of the Tsawout First Nation, located at [insert address) during normal business hours. Payment must be by money order or cheque.
[Note: Insert this wording only if a penalty and interest apply under Part X of the Law: A penalty has been assessed on the unpaid taxes and interest has accrued from the registration date because transferee provided information that is false or misleading (check applicable box)
_ in support of an exemption from tax under this Law, _ in support of an application for a refund under section 30, or _ relating to the fair market value of a taxable transfer.) Where interest on unpaid amounts is shown above, interest continues to accrue each day that the taxes remain unpaid.
Taxes that are not paid by the due date indicated on this Notice shall incur penalties and interest in
37
accordance with the Tsawout First Nation Property Transfer Tax Law, 2023. You are entitled to file a Request for Reconsideration of this tax assessment. Requests for reconsideration must be delivered to the First Nation within sixty (60) days of this Notice of Property Transfer Tax Assessment.
Please contact our office if you have any questions about this Notice or how to file a Request for Reconsideration.
Administrator for the Tsawout First Nation [insert contact information]
38
SCHEDULE IV TSAW OUT FIRST NATION PROPERTY TRANSFER TAX CERTIFICATE
In respect of the interest in reserve lands described as: ___________ and pursuant to the Tsawout First Nation Property Transfer Tax Law, 2023, I hereby certify as follows:
That all property transfer taxes due and payable in respect of the transfer relating to the above-referenced interest on _____, 20_, have been paid as of the date of this Certificate.
OR That unpaid taxes, including interest, penalties and costs in the amount of ___ dollars($_ _~ ) are due and owing on the above-referenced interest as of the date of this Certificate.
The following persons are jointly and severally liable for all unpaid taxes:
Administrator for the Tsawout First Nation Dated: _________ , 20_.
SCHEDULEV REQUEST FOR INFORMATION BY ADMINISTRATOR FOR THE TSAW OUT FIRST NATION
TO: ADDRESS: _____________________________
DESCRIPTION OF INTEREST IN RESERVE LANDS:
DATE OF REQUEST: ________________________ PURSUANT to section 15 of the Tsawout First Nation Property Transfer Tax Law, 2023, I request that you provide to me, in writing, no later than _____ [Note: must be a date that is at least fourteen (14) days from the date of request], the following information respecting a transfer relating to the above-noted interest:
(1) (2) (3)
Administrator for the Tsawout First Nation Dated: ______ , 20_
SCHEDULE VI REQUEST FOR RECONSIDERATION TO: Administrator for the Tsawout First Nation [address] PURSUANT to the provisions of the Tsawout First Nation Property Transfer Tax Law, 202, I hereby request a reconsideration of
1. The tax assessment of a transfer relating to the interest in reserve lands described as: [description of the interest as described in the Notice of Property Transfer Tax Assessment] OR 2. The refusal to provide a refund respecting a transfer relating to the interest in reserve lands described as: [d escription of the interest as described in the notice received from the administrator] This request for a reconsideration of the tax assessment or refusal to provide a refund is based on the following reasons:
(1) (2) (3) (describe the reasons in support of the request in as much detail as possible) I am the transferee of the above-referenced transfer or an authorized agent of the transferee. Address and telephone number at which the transferee/agent can be contacted:
Name of Transferee or Agent (please print) Dated: ________ , 20_.
Signature
SCHEDULE VII COSTS PAYA BLE BY DEBTOR ARISING FROM THE COLLECTION AND ENFORCEMENT OF UNPAID TAXES
For costs arising from the collection and enforcement of unpaid taxes: 1. For preparation of a notice $ 100 2. For service of notice on each person or place by Tsawout First Nation $150
3.
4. 5.
For service of notice on each person or place by a process server, bailiff or delivery service
actual cost
For advertising in newspaper actual cost Actual costs not listed above that are incurred by Tsawout First Nation for carrying out the enforcement measures under this Law will be charged based on receipts.