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O. Reg. 370/03: GENERAL

filed September 2, 2003 under Assessment Act, R.S.O. 1990, c. A.31

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ontario regulation 370/03

made under the

Assessment Act

Made: September 2, 2003
Filed: September 2, 2003
Printed in The Ontario Gazette: September 20, 2003

Amending O. Reg. 282/98

(General)

1. Ontario Regulation 282/98 is amended by adding the following section:

Current Value of Hotels

45.3 For the purposes of subsection 19 (2.1) of the Act, where the current value of land used as a hotel is determined using the pro forma income capitalization approach to valuation, the following rules apply for 2003 and subsequent years:

1. Unless the assessment corporation can demonstrate that the use of a different percentage is appropriate in the circumstances for a particular hotel, the amount deductible for a year as management fees in determining the amount of the undistributed operating expenses of a hotel for a year shall not exceed 5 per cent of the total revenue of the hotel for the year.

2. Unless the assessment corporation can demonstrate that the use of a different percentage is appropriate in the circumstances for a particular hotel, the amount deductible for a year in respect of personal property in determining the current value of a hotel for a year shall not exceed 15 per cent of the capitalized net income of the hotel, including personal property.

2. This Regulation shall be deemed to have come into force on January 1, 2003.

Made by:

Janet Lynne Ecker

Minister of Finance

Date made: September 2, 2003.