BILL 41
An Act to Amend the
New Brunswick Income Tax Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The
New Brunswick Income Tax Act, chapter N-6.001 of the Acts of New Brunswick,
2000, is amended by repealing the heading
Subdivision
k.1
Home
Heating Oil Benefit
and substituting
the following:
Subdivision k.1
Home Energy Benefits
2 The
heading “Home heating oil benefit” preceding section 52.1
of the Act is repealed and the following is substituted:
Home energy benefits
3 Section
52.1 of the Act is amended
(a) by adding after subsection
(5) the following:
52.1(5.1) An overpayment of $100 on account of an individual’s
liability under this Act for the 2005 taxation year is deemed to have
arisen in the 2005 taxation year if
(a) the individual resided in New Brunswick
on December 31, 2005, and has filed a return of income for the 2005
taxation year,
(b) the individual’s total family
income for the 2005 taxation year was $25,000 or less,
(c) the place where the individual lives
is his or her principal place of residence,
(d) on or before June 30, 2007, the
individual has, either on his or her own behalf or through a representative,
filed an application on the form provided by the Minister of Finance
of New Brunswick for a refund of the overpayment, and
(e) the individual has, either on his
or her own behalf or through a representative, provided all of the
information required by the application form or the Minister of Finance
of New Brunswick before the date required by that Minister.
52.1(5.2) If an individual’s total family income for the 2005 taxation
year was more than $25,000, if the individual’s total family
income for the 2006 taxation year was $25,000 or less and if the individual
meets the criteria referred to in paragraphs (5.1)(a) and (c) to (e),
(a) an overpayment on account of the
individual’s liability under this Act for the 2005 taxation
year is deemed to have arisen in the 2005 taxation year, and
(b) subsection (5.1) applies except
that the reference to “2005 taxation year” in paragraph
(5.1)(b) shall be read as a reference to “2006 taxation year”.
(b) by repealing subsection (7) and substituting
the following:
52.1(7) Notwithstanding subsections (2) to (6), an individual is entitled
to receive only one refund under subsections (2) to (5) and only one
refund under subsections (5.1) and (5.2).
COMMENCEMENT
4 This Act shall be deemed to have come into
force on December 1, 2006.