This is part of an archived statute consolidation that is current to August 3, 2012 and includes changes enacted and in force by that date.

“Point in Time” Act Content

LOGGING TAX ACT

[RSBC 1996]  CHAPTER 277

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to August 3, 2012)
SECTION EFFECTIVE DATE
1 April 21, 1997
[retro from December 14, 2011]
2 April 1, 2001
11 June 21, 2007
  June 21, 2007
11.1 June 21, 2007
11.2 June 21, 2007
14 April 1, 2001
  June 3, 2010
14.1 April 1, 2001
  June 3, 2010
20 April 10, 2003
  June 3, 2010
  June 3, 2010
  June 3, 2010
24 July 1, 2010
  July 1, 2010
34.1 February 18, 1998
[retro from April 29, 2004]

  Section 1 paragraph (d)(v)(C) of the definition "income derived from logging operations" BEFORE amended by 237/2011 effective April 21, 1997 [retro from December 14, 2011].

(C)  if the amount determined under clause (B) is less than 35% of the income remaining, 35% of the income remaining;

  Section 2(b) BEFORE amended by 2001-3-36 effective April 1, 2001.

(b)  150% of the credit that would be allowable under section 127 (1) of the (Canada), as if the tax referred to in paragraph (a) was paid.

  Section 11(2) BEFORE amended by 2007-9-87 effective June 21, 2007 (BC Reg 226/2007).

(2)  For the purposes of subsection (1), the officer has all the powers and authority conferred on commissioners under Part 2 of the .

  Section 11(3) was added by 2007-9-87 effective June 21, 2007 (BC Reg 226/2007).

  Section 11.1 was enacted by 2007-9-88 effective June 21, 2007 (BC Reg 226/2007).

  Section 11.2 was enacted by 2007-9-88 effective June 21, 2007 (BC Reg 226/2007).

  Section 14(1)(d) BEFORE amended and section 14 renumbered 14(1) by 2001-3-37 effective April 1, 2001.

(d) under an agreement that

(i)  is between the government and another government,

(ii)  relates to the administration or enforcement of taxation enactments, and

(iii)  provides for the disclosure of information and records to and the exchange of similar information and records with that other government;

  Section 14(1)(a.1) was added by 2010-18-65 effective June 3, 2010 (Royal Assent).

  Section 14.1 was added by 2001-3-38 effective April 1, 2001.

  Section 14.1(2) BEFORE amended by 2010-18-66 effective June 3, 2010 (Royal Assent).

(2)  An information-sharing agreement or arrangement may be entered into for the purposes of the administration of this Act, the or the (Canada).

  Section 20 BEFORE amended by 2003-23-60 effective April 10, 2003 (Royal Assent).

 Continuing liability

20  (1)  Despite a prior assessment, if any, a taxpayer continues to be liable for taxes and to be assessed for them, and the commissioner may assess or reassess a taxpayer for taxes at any time if the taxpayer has made a misrepresentation or committed a fraud in making the taxpayer's return or supplying information under this Act.

(2)  Unless subsection (1) applies, the commissioner may assess or reassess a taxpayer for taxes only

(a) within 5 years after the date of the original assessment, or

(b) during the effective period of a waiver filed with the commissioner under subsection (3).

(3)  If, under the (Canada), a taxpayer has filed a notice of objection or a waiver of the assessment period, the taxpayer must file with the commissioner a waiver of the assessment period under this Act.

(4)  A waiver referred to in subsection (3) is of no effect for the purposes of subsection (2) (b) unless it is filed within 5 years of the date of the original assessment.

(5)  A waiver filed under subsection (3) continues in effect until 6 months after the commissioner receives from the taxpayer

(a) notice that the objection or waiver filed under the (Canada) has been terminated, and

(b) a copy of any resulting reassessment under the (Canada).

  Section 20(2)(a)(iv) BEFORE repealed by 2010-18-67(a) effective June 3, 2010 (Royal Assent).

(iv)  if the taxpayer has not filed a waiver in accordance with subsection (3) (b) for the taxation year, or

  Section 20(3) and (4) BEFORE amended by 2010-18-67(b) effective June 3, 2010 (Royal Assent).

(3)  A taxpayer

(a) may file with the commissioner a waiver for the taxation year, in the form and containing the information required by the commissioner, within 5 years of the date of the original assessment, and

(b) must file with the commissioner a waiver for the taxation year, in the form and containing the information required by the commissioner, if the taxpayer has

(i)  filed a waiver under section 152,

(ii)  served a notice of objection under section 165, or

(iii)  filed an appeal under section 169

of the (Canada) for that taxation year.

(4)  A waiver filed

(a) under subsection (3) (a) continues in effect until 6 months after the taxpayer files with the commissioner a notice revoking the waiver in the form and containing the information required by the commissioner, and

(b) under subsection (3) (b) continues in effect until 6 months after the taxpayer files with the commissioner

(i)  a notice, in the form and containing the information required by the commissioner, that the waiver, objection or appeal filed under the (Canada) has been terminated, and

(ii)  a copy of any resulting reassessment under the (Canada).

  Section 20(5) was added by 2010-18-67(b) effective June 3, 2010 (Royal Assent).

  Section 24(1) BEFORE amended by 2010-6-93,Sch 3 effective July 1, 2010.

(1)  A decision of the minister under section 23 (4) may be appealed to the Supreme Court by way of an originating application.

  Section 24(2) BEFORE amended by 2010-6-91,Sch 1 effective July 1, 2010.

(2)  The Rules of Court relating to originating applications apply, but Rule 49 does not apply.

  Section 34.1 was enacted by 2004-28-20 effective February 18, 1998 [retro from April 29, 2004 (Royal Assent)].