7 Section 76(1) substituted
8 Interest rate
Interpretation
1(1) In this Regulation, a
reference to a provision of the federal Act is a reference to that provision as
it applies for the purposes of Part 1.1 of the Alberta Personal Income Tax
Act.
(2) If a provision of the
federal Act or federal regulations applies for the purposes of Part 1.1 of the Alberta
Personal Income Tax Act, a reference in that provision to prescribed means
prescribed as defined in section 1(1)(p) of the Alberta Personal Income Tax
Act.
NHL income in Alberta
2(1) In this section,
(a) “base
salary” of an NHL player means Paragraph 1 Salary as defined in
(i) the Collective Bargaining Agreement between the National Hockey
League and the National Hockey League Players’ Association for the period
September 16, 1993 to September 15, 2004, and
(ii) with respect to the 2005‑06 regular NHL season, the
Collective Bargaining Agreement between the National Hockey League and the
National Hockey League Players’ Association for the period September 16, 2004
to September 15, 2011;
(b) “game day” means a day in the regular NHL
season on which the player performs hockey duties or services in Alberta for an
NHL team.
(2) NHL hockey income in Alberta with respect to an NHL player
is the sum of the player’s taxable salary of all game days in the taxation
year.
(3) The NHL player’s
taxable salary for a game day is determined in accordance with the following
formula:
A
B
where
A is the base salary of that player in effect on the game
day;
B is the number of calendar days in the
NHL regular season in which the game day occurs.
AR
171/2002 s2;208/2005
Section 50 varied
3 For
the purposes of Part 1.1 of the Act, section 50 of the Act is varied by
renumbering it as subsection (1) and by adding the following after subsection
(1):
(2) The
aggregate of the information provided in respect of an NHL player under section
153 of the federal Act is deemed to be a return of income for that player for
the purposes of Part 1.1 of the Alberta Personal Income Tax Act.
(3) Notwithstanding
subsection (2), an NHL player is not relieved of the duty of ensuring that the
return of income required under subsection (1) is made.
Section 51 varied
4 For
the purposes of Part 1.1 of the Act, section 51 is varied
(a) in subsection (1) by adding “, except subsection (6),” after “153”;
(b) by adding the following after subsection (3):
(4) In the application of
subsection 153(1) of the federal Act, the portion after paragraph 153(1)(t) of
the federal Act is deemed to read as follows:
shall
deduct or withhold from the payment for every month in which there are game
days 12.5% of the NHL player’s taxable salary determined in accordance with
section 2(3) of the NHL Tax Regulation for all the game days in the
month and shall remit that amount in the prescribed manner to the Provincial
Minister on account of the NHL player’s tax for the year under Part 1.1 of the Alberta
Personal Income Tax Act, accompanied by a return in prescribed form, on or
before the 15th day of the following month.
(5) Every NHL team is
required no later than February 28 following the taxation year to provide to
each NHL player who had NHL income in Alberta during the taxation year while a
member of that team a summary of the information provided by the team under
section 153 of the federal Act with respect to that player in such a manner
that the NHL player can determine the total amount deducted or withheld.
Section 52 varied
5 For
the purposes of Part 1.1 of the Act, section 52 is varied
(a) in subsection (1) by striking out “156, 156.1” and substituting “156.1(4)”;
(b) by repealing subsections (3) and (4).
Section 69 varied
6 For
the purposes of Part 1.1 of the Act, section 69 is varied by renumbering it as
subsection (1) and
(a) by adding in subsection (1) “except subsection
(3.1)” after “220”;
(b) by adding the following after subsection (1):
(2) Notwithstanding the Financial
Administration Act, the Provincial Minister may at any time waive or cancel
the imposition of or liability for any penalty or interest imposed or payable
under this Act.
Section 76(1) substituted
7 For
the purposes of Part 1.1 of the Act, section 76(1) is substituted by the
following:
76(1) Section 227 of the federal Act applies for
the purposes of this Act, except
(a) that section shall be read without
subparagraph (8.3)(a)(i), and
(b) subparagraph (8.3)(a)(ii) of that section
shall be read without the phrase “where that other person is resident in
Canada,”.
Interest rate
8 Any reference in
the federal Act or in the federal Regulation, as they apply for the purposes of
Part 1.1 of the Alberta Personal Income Tax Act, to “interest at the
prescribe rate” is to be read as the interest rate set out under section 3 of
the Alberta Corporate Tax Regulation.
