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Transfer of
designated
benefit
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(6.11) For the purpose of subparagraph
60(l)(v), the eligible amount of a particular
individual for a taxation year in respect of a
registered retirement income fund is nil unless
the particular individual was
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in which case the eligible amount shall be
determined by the formula
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A x [1 - (B - C )] D
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where
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A is the portion of the designated benefit of
the particular individual in respect of the
fund that is included because of
subsection (5) in computing the particular
individual's income for the year,
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B is the minimum amount under the fund for
the year,
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C is the lesser of
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D is the total of all amounts each of which is
the portion of a designated benefit of an
individual in respect of the fund that is
included because of subsection (5) in
computing the individual's income for the
year.
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Amount
deductible
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(6.2) There may be deducted from the
amount deemed by subsection (6) to be
received by an annuitant out of or under a
registered retirement income fund an amount
not exceeding the amount determined by the
formula
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A x [1 - (B + C - D )] (B + C)
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where
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A is the total of all designated benefits of
individuals in respect of the fund;
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B is the fair market value of the property of the
fund at the particular time that is the later of
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C is the total of all amounts paid out of or
under the fund after the death of the last
annuitant thereunder and before the
particular time; and
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D is the lesser of
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(7) Subsection 146.3(15) of the Act is
replaced by the following:
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Credited or
added amount
deemed not
received
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(15) Where
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the amount shall be deemed not to be received
by the annuitant or any other person solely
because of the crediting or adding.
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(8) Subsection (1) applies
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(9) Subsections (2), (6) and (7) apply to
deaths occurring after 1992.
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(10) Subsection (3) applies after 1991.
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(11) Subsections (4) and (5) apply to the
1993 and subsequent taxation years.
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72. (1) The portion of paragraph
147(2)(c) of the Act before subparagraph (i)
is replaced by the following:
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(2) Paragraph 147(2)(d) of the Act is
replaced by the following:
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(3) Subsections (1) and (2) apply to the
1993 and subsequent taxation years.
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73. (1) Paragraph 148(1)(e) of the Act is
replaced by the following:
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(2) Subsection (1) applies to dispositions
occurring after August 1992.
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74. (1) The formula in the definition
``disbursement quota'' in subsection
149.1(1) of the Act is replaced by the
following:
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0.8A + A.1 + B + C x 0.045 [D - (E + F)] + G 365
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(2) The definition ``disbursement quota''
in subsection 149.1(1) of the Act is amended
by adding the following after the
description of A:
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A.1 is 80% of the total of all amounts each
of which is the amount of a gift
received in a preceding taxation year,
to the extent that the amount of the gift
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(3) The description of E in the definition
``disbursement quota'' in subsection
149.1(1) of the Act is replaced by the
following:
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(4) Paragraph 149.1(2)(b) of the Act is
replaced by the following:
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(5) Subsection 149.1(8) of the Act is
replaced by the following:
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Accumulation
of property
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(8) A registered charity may, with the
approval in writing of the Minister,
accumulate property for a particular purpose,
on terms and conditions, and over such period
of time, as the Minister specifies in the
approval, and any property accumulated after
receipt of such an approval and in accordance
therewith, including any income earned in
respect of the property so accumulated, shall
be deemed
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(6) Paragraph 149.1(21)(c) of the Act is
replaced by the following:
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(7) Subsections (1) to (6) apply to taxation
years that begin after 1992.
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75. (1) Subsection 150.1(4) of the Act is
replaced by the following:
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Declaration
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(4) Where a return of income of a taxpayer
for a taxation year is filed by way of electronic
filing by a particular person (in this subsection
referred to as the ``filer'') other than the
person who is required to file the return, the
person who is required to file the return shall
make an information return in prescribed form
containing prescribed information, sign it,
retain a copy of it and provide the filer with the
information return, and that return and the
copy shall be deemed to be a record referred
to in section 230 in respect of the filer and the
other person.
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(2) Subsection (1) applies after 1991.
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76. (1) Paragraph 152(1)(b) of the Act is
replaced by the following:
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(2) Subsections 152(4.3) and (4.4) of the
Act are replaced by the following:
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Consequential
assessment
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(4.3) Notwithstanding subsections (4), (4.1)
and (5), where the result of an assessment or
a decision on an appeal is to change a
particular balance of a taxpayer for a
particular taxation year, the Minister may, or
where the taxpayer so requests in writing,
shall, before the later of the expiration of the
normal reassessment period in respect of a
subsequent taxation year and the end of the
day that is one year after the day on which all
rights of objection and appeal expire or are
determined in respect of the particular year,
reassess the tax, interest or penalties payable,
or redetermine an amount deemed to have
been paid or to have been an overpayment,
under this Part by the taxpayer in respect of the
subsequent taxation year, but only to the
extent that the reassessment or
redetermination can reasonably be considered
to relate to the change in the particular balance
of the taxpayer for the particular year.
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Definition of
``balance''
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(4.4) For the purpose of subsection (4.3), a
``balance'' of a taxpayer for a taxation year is
the income, taxable income, taxable income
earned in Canada or any loss of the taxpayer
for the year, or the tax or other amount payable
by, any amount refundable to, or any amount
deemed to have been paid or to have been an
overpayment by, the taxpayer for the year.
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(3) Subsection (1) applies to the 1993 and
subsequent taxation years.
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(4) Subsection (2) applies to
reassessments and redeterminations in
respect of taxation years made after June
10, 1993 that relate to changes in balances
for other taxation years made as a result of
assessments made, or decisions on appeals
rendered, after December 20, 1991 except
that, where the day referred to in
subsection 152(4.3) of the Act, as enacted
by subsection (2), as ``the day on which all
rights of objection and appeal expire or are
determined in respect of the particular
year'' occurred before June 10, 1993, that
subsection of the Act shall be read as if that
reference were to ``June 10, 1993''.
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77. (1) Paragraphs 153(1)(m) and (m.1) of
the Act are replaced by the following:
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(2) Subsection (1) applies to payments
made after October 1991.
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78. (1) Subsection 159(4) of the Act is
replaced by the following:
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Election on
emigration
|
(4) Where an individual to whom
subsection 128.1(4) applies
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all or any portion of such part of that tax as is
equal to the amount, if any, by which that tax
exceeds the amount that would be that tax if
this Act were read without reference to
subsection 128.1(4) may, subject to
subsection (4.1), be paid in such number of
equal annual instalments as is specified in the
election by the individual.
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Idem
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(4.1) Where an individual to whom
subsection 128.1(4) applies elects under
subsection (4),
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(2) Subsection (1) applies to changes in
residence occurring after 1992.
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