BILL 3

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 Section 52.1 of the New Brunswick Income Tax Act, chapter N-6.001 of the Acts of New Brunswick, 2000, is amended

(a)  by adding after subsection (5.4) the following:

52.1(5.5) An overpayment of $100 on account of an individual’s liability under this Act for the 2009 taxation year is deemed to have arisen in the 2009 taxation year if

(a)  the individual resided in New Brunswick on December 31, 2009, and has filed a return of income for the 2009 taxation year,

(b)  the individual’s total family income for the 2009 taxation year was $28,000 or less,

(c)  the place where the individual lives is his or her principal place of residence,

(d)  on or before June 30, 2011, 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(5.6) If an individual’s total family income for the 2009 taxation year was more than $28,000, if the individual’s total family income for the 2010 taxation year was $28,000 or less and if the individual meets the criteria referred to in paragraphs (5.5)(a) and (c) to (e),

(a)  an overpayment on account of the individual’s liability under this Act for the 2009 taxation year is deemed to have arisen in the 2009 taxation year, and

(b)  subsection (5.5) applies except that the reference to “2009 taxation year” in paragraph (5.5)(b) shall be read as a reference to “2010 taxation year”.

(b)  by repealing subsection (7) and substituting the following:

52.1(7) Despite subsections (2) to (6), an individual is entitled to receive only one refund under subsections (2) to (5), only one refund under subsections (5.1) and (5.2), only one refund under subsections (5.3) and (5.4) and only one refund under subsections (5.5) and (5.6).