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(iii) such portion of the amount
determined under this paragraph as
was otherwise applied to reduce the
amount otherwise determined under
this description, and
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(c) the amount, if any, by which
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(i) the total of all amounts that
would be determined under
paragraph 66.7(4)(a), immediately
before the relevant time, in respect
of the taxpayer and an original
owner of the particular property (or
of any other property acquired by
the taxpayer with the particular
property in circumstances in which
subsection 66.7(4) applied and in
respect of which the proceeds of
disposition became receivable by
the taxpayer at the relevant time) if
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(A) amounts that became
receivable at or after the relevant
time were not taken into account,
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(B) each designation made under
subparagraph 66.7(4)(a)(iii) in
respect of an amount that became
receivable before the relevant
time were made before the
relevant time, and
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(C) paragraph 66.7(4)(a) were
read without reference to ``30%
of''
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(ii) all amounts that would be
determined under paragraph
66.7(4)(a) at the relevant time in
respect of the taxpayer and an
original owner of the particular
property (or of that other property
described in subparagraph (i)) if
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(A) amounts that became
receivable after the relevant time
were not taken into account,
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(B) each designation made under
subparagraph 66.7(4)(a)(iii) in
respect of an amount that became
receivable at or before the
relevant time were made before
the relevant time,
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(C) paragraph 66.7(4)(a) were
read without reference to ``30%
of'', and
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(D) amounts described in
subparagraph 66.7(4)(a)(ii) that
became receivable at the relevant
time were not taken into account,
and
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(iii) such portion of the amount
otherwise determined under this
paragraph as was otherwise applied
to reduce the amount otherwise
determined under this description,
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(3) Subsections (1) and (2) apply to
taxation years that end after February 17,
1987.
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31. (1) Clause 66.7(2)(b)(ii)(B) of the Act
is amended by replacing the reference in it
to ``subparagraph (10)(h)(iv)'' with
``subparagraph (10)(h)(vi)''.
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(2) The portion of paragraph 66.7(4)(a) of
the Act after subparagraph (i) is replaced
by the following:
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(ii) all amounts each of which is an
amount (other than any portion thereof
that can reasonably be considered to
result in a reduction of the amount
otherwise determined under this
paragraph in respect of another original
owner of a relevant mining property who
is not a predecessor owner of a relevant
mining property or who became a
predecessor owner of a relevant mining
property before the original owner
became a predecessor owner of a relevant
mining property) that became receivable
by a predecessor owner of the particular
property or the successor in the year or a
preceding taxation year and that
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(A) was included by the predecessor
owner or the successor in computing
an amount determined under
paragraph (a) of the description of F in
the definition ``cumulative Canadian
development expense'' in
subsection 66.2(5) at the end of the
year, and
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(B) can reasonably be regarded as
attributable to the disposition of a
property (in this subparagraph referred
to as a ``relevant mining property'')
that is the particular property or
another Canadian resource property
that was acquired from the original
owner with the particular property by
the successor or a predecessor owner
of the particular property, and
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(iii) all amounts each of which is an
amount (other than any portion thereof
that can reasonably be considered to
result in a reduction of the amount
otherwise determined under paragraph
(5)(a) in respect of the original owner or
under this paragraph or paragraph (5)(a)
in respect of another original owner of a
relevant oil and gas property who is not
a predecessor owner of a relevant oil and
gas property or who became a
predecessor owner of a relevant oil and
gas property before the original owner
became a predecessor owner of a relevant
oil and gas property) that became
receivable by a predecessor owner of the
particular property or the successor after
1992 and in the year or a preceding
taxation year and that
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(A) is designated in respect of the
original owner by the predecessor
owner or the successor, as the case may
be, in prescribed form filed with the
Minister within 6 months after the end
of the taxation year in which the
amount became receivable,
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(B) was included by the predecessor
owner or the successor in computing
an amount determined under
paragraph (a) of the description of F in
the definition ``cumulative Canadian
oil and gas property expense'' in
subsection 66.4(5) at the end of the
year, and
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(C) can reasonably be regarded as
attributable to the disposition of a
property (in this subparagraph referred
to as a ``relevant oil and gas property'')
that is the particular property or
another Canadian resource property
that was acquired from the original
owner with the particular property by
the successor or a predecessor owner
of the particular property, and
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(3) Subparagraph 66.7(5)(a)(ii) of the Act
is replaced by the following:
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(ii) the total of all amounts each of which
is an amount (other than any portion
thereof that can reasonably be considered
to result in a reduction of the amount
otherwise determined under this
paragraph or paragraph (4)(a) in respect
of another original owner of a relevant oil
and gas property who is not a predecessor
owner of a relevant oil and gas property
or who became a predecessor owner of a
relevant oil and gas property before the
original owner became a predecessor
owner of a relevant oil and gas property)
that became receivable by a predecessor
owner of the particular property or the
successor in the year or a preceding
taxation year and that
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(A) was included by the predecessor
owner or the successor in computing
an amount determined under
paragraph (a) of the description of F in
the definition ``cumulative Canadian
oil and gas property expense'' in
subsection 66.4(5) at the end of the
year, and
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(B) can reasonably be regarded as
attributable to the disposition of a
property (in this subparagraph referred
to as a ``relevant oil and gas property'')
that is the particular property or
another Canadian resource property
that was acquired from the original
owner with the particular property by
the successor or a predecessor owner
of the particular property, and
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(4) Subsections 66.7(14) and (15) of the
Act are replaced by the following:
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Disposal of
Canadian
resource
properties
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(14) Where in a taxation year a predecessor
owner of Canadian resource properties
disposes of Canadian resource properties to a
corporation in circumstances in which
subsection 29(25) of the Income Tax
Application Rules or subsection (1), (3), (4) or
(5) applies,
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(a) for the purposes of applying any of those
subsections to the predecessor owner in
respect of its acquisition of any Canadian
resource property owned by it immediately
before the disposition, it shall be deemed,
after the disposition, never to have acquired
any such properties except for the purposes
of
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(i) determining an amount deductible
under subsection (1) or (3) for the year,
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(ii) where the predecessor owner and the
corporation dealt with each other at arm's
length at the time of the disposition or the
disposition was by way of an
amalgamation or merger, determining an
amount deductible under subsection (4)
or (5) for the year, and
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(iii) determining the amount for F in the
definition ``cumulative Canadian
development expense'' in subsection
66.2(5), the amounts for paragraphs (a)
and (b) in the description of L in that
definition and the amount for F in the
definition ``cumulative Canadian oil and
gas property expense'' in subsection
66.4(5); and
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(b) where the corporation or another
corporation acquires any of the properties
on or after the disposition in circumstances
in which subsection (4) or (5) applies,
amounts that become receivable by the
predecessor owner after the disposition in
respect of Canadian resource properties
retained by it at the time of the disposition
shall, for the purposes of applying
subsection (4) or (5) to the corporation or
the other corporation in respect of the
acquisition, be deemed not to have become
receivable by the predecessor owner.
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Disposal of
foreign
resource
properties
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(15) Where after June 5, 1987 a predecessor
owner of foreign resource properties disposes
of all or substantially all of its foreign resource
properties to a corporation in circumstances in
which subsection (2) applies, for the purpose
of applying that subsection to the predecessor
owner in respect of its acquisition of any of
those properties (or other foreign resource
properties retained by it at the time of the
disposition which were acquired by it in
circumstances in which subsection (2)
applied), it shall be deemed, after the
disposition, never to have acquired the
properties.
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(5) Subsections (1) to (3) and
subsection 66.7(15) of the Act, as enacted
by subsection (4), apply to taxation years
that end after February 17, 1987 except
that, where a taxpayer files a form referred
to in clause 66.7(4)(a)(iii)(A) of the Act, as
enacted by subsection (2), with the Minister
of National Revenue before the end of the
sixth month that begins after the end of the
taxpayer's taxation year that includes the
day this Act is assented to, the taxpayer
shall be deemed to have filed the form in a
timely manner.
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(6) Subsection 66.7(14) of the Act, as
enacted by subsection (4), applies to
dispositions occurring in taxation years
that end after February 17, 1987.
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32. (1) Subsection 69(4) of the Act is
replaced by the following:
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Shareholder
appropriations
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(4) Where at any time property of a
corporation has been appropriated in any
manner whatever to or for the benefit of a
shareholder of the corporation for no
consideration or for consideration that is less
than the property's fair market value and a sale
of the property at its fair market value would
have increased the corporation's income or
reduced a loss of the corporation, the
corporation shall be deemed to have disposed
of the property, and to have received proceeds
of disposition therefor equal to its fair market
value, at that time.
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(2) Subsection (1) applies to
appropriations occurring after December
21, 1992.
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33. (1) Subsection 70(3.1) of the Act is
replaced by the following:
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Exception
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(3.1) For the purposes of this section,
``rights or things'' do not include an interest in
a life insurance policy (other than an annuity
contract of a taxpayer where the payment
therefor was deductible in computing the
taxpayer's income because of paragraph 60(l)
or was made in circumstances in which
subsection 146(21) applied), eligible capital
property, land included in the inventory of a
business, a Canadian resource property or a
foreign resource property.
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(2) Paragraphs 70(5)(a) to (c) of the Act
are replaced by the following:
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(a) the taxpayer shall be deemed to have,
immediately before the taxpayer's death,
disposed of each capital property of the
taxpayer and received proceeds of
disposition therefor equal to the fair market
value of the property immediately before
the death;
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(b) any person who as a consequence of the
taxpayer's death acquires any property that
is deemed by paragraph (a) to have been
disposed of by the taxpayer shall be deemed
to have acquired it at the time of the death
at a cost equal to its fair market value
immediately before the death;
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(c) where any depreciable property of the
taxpayer of a prescribed class that is
deemed by paragraph (a) to have been
disposed of is acquired by any person as a
consequence of the taxpayer's death (other
than where the taxpayer's proceeds of
disposition of the property under paragraph
(a) are redetermined under
subsection 13(21.1)) and the amount that
was the capital cost to the taxpayer of the
property exceeds the amount determined
under paragraph (b) to be the cost to the
person thereof, for the purposes of sections
13 and 20 and any regulations made for the
purpose of paragraph 20(1)(a),
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(i) the capital cost to the person of the
property shall be deemed to be the
amount that was the capital cost to the
taxpayer of the property, and
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(ii) the excess shall be deemed to have
been allowed to the person in respect of
the property under regulations made for
the purpose of paragraph 20(1)(a) in
computing income for taxation years that
ended before the person acquired the
property; and
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(d) where a property of the taxpayer that
was deemed by paragraph (a) to have been
disposed of is acquired by any person as a
consequence of the taxpayer's death and the
taxpayer's proceeds of disposition of the
property under paragraph (a) are
redetermined under subsection 13(21.1),
notwithstanding paragraph (b),
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(i) where the property was depreciable
property of a prescribed class and the
amount that was the capital cost to the
taxpayer of the property exceeds the
amount so redetermined under
subsection 13(21.1), for the purposes of
sections 13 and 20 and any regulations
made for the purpose of
paragraph 20(1)(a),
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(A) its capital cost to the person shall
be deemed to be the amount that was
its capital cost to the taxpayer, and
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(B) the excess shall be deemed to have
been allowed to the person in respect
of the property under regulations made
for the purpose of paragraph 20(1)(a)
in computing income for taxation
years that ended before the person
acquired the property, and
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(ii) where the property is land (other than
land to which subparagraph (i) applies),
its cost to the person shall be deemed to
be the amount that was the taxpayer's
proceeds of disposition of the land as
redetermined under
subsection 13(21.1).
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(3) Paragraph 70(5.1)(b) of the Act is
replaced by the following:
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(b) subject to paragraph (c), the beneficiary
shall be deemed to have acquired a capital
property at the time of the taxpayer's death
at a cost equal to the proceeds referred to in
paragraph (a);
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(4) The portion of paragraph 70(5.1)(c) of
the Act before subparagraph (i) is replaced
by the following:
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(c) where the beneficiary continues to carry
on the business previously carried on by the
taxpayer, the beneficiary shall be deemed to
have, at the time of the taxpayer's death,
acquired an eligible capital property and
made an eligible capital expenditure at a
cost equal to the total of
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(5) Subsection 70(5.2) of the Act is
replaced by the following:
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Resource
properties and
land
inventories of
a deceased
taxpayer
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(5.2) Where in a taxation year a taxpayer
dies,
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(a) for the purposes of subsection 59(1),
paragraph (a) of the description of F in the
definition ``cumulative Canadian
development expense'' in
subsection 66.2(5) and paragraph (a) of the
description of F in the definition
``cumulative Canadian oil and gas property
expense'' in subsection 66.4(5), the
taxpayer shall be deemed to have,
immediately before the taxpayer's death,
disposed of each Canadian resource
property and foreign resource property of
the taxpayer and received proceeds of
disposition therefor equal to its fair market
value immediately before the death;
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(b) notwithstanding paragraph (a), where
the taxpayer was resident in Canada
immediately before the taxpayer's death,
any Canadian resource property or foreign
resource property of the taxpayer that is, on
or after the death and as a consequence of
the death, transferred or distributed to a
spouse of the taxpayer described in
paragraph (6)(a) or a trust described in
paragraph (6)(b) and it can be shown
within the period ending 36 months after the
death or, where written application therefor
has been made to the Minister by the
taxpayer's legal representative within that
period, within such longer period as the
Minister considers reasonable in the
circumstances, that the property vested
indefeasibly in the spouse or trust, as the
case may be,
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(i) the taxpayer shall be deemed to have,
immediately before the death, disposed
of the property and received proceeds of
disposition therefor equal to such amount
as is specified by the taxpayer's legal
representative in the return of income of
the taxpayer filed under paragraph
150(1)(b), not exceeding its fair market
value immediately before the death, and
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(ii) the spouse or trust, as the case may be,
shall be deemed to have acquired the
property at the time of the death at a cost
equal to the amount included in the
taxpayer's income under
subsection 59(1) or included in the
amount determined under paragraph (a)
of the description of F in the definition
``cumulative Canadian development
expense'' in subsection 66.2(5) or
paragraph (a) of the description of F in
the definition ``cumulative Canadian oil
and gas property expense'' in subsection
66.4(5), as the case may be, in respect of
the property;
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(c) the taxpayer shall be deemed to have,
immediately before the taxpayer's death,
disposed of each property that was land
included in the inventory of a business of
the taxpayer and received proceeds of
disposition therefor equal to its fair market
value immediately before the death; and
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(d) notwithstanding paragraph (c), where
the taxpayer was resident in Canada
immediately before the taxpayer's death,
any property that is land included in the
inventory of a business of the taxpayer is, on
or after the death and as a consequence of
the death, transferred or distributed to a
spouse of the taxpayer described in
paragraph (6)(a) or a trust described in
paragraph 6)(b) and it can be shown within
the period ending 36 months after the death
of the taxpayer or, where written
application therefor has been made to the
Minister by the taxpayer's legal
representative within that period, within
such longer period as the Minister considers
reasonable in the circumstances, that the
property vested indefeasibly in the spouse
or trust, as the case may be,
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(i) the taxpayer shall be deemed to have,
immediately before the death, disposed
of the land and received proceeds of
disposition therefor equal to its cost
amount to the taxpayer immediately
before the death, and
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(ii) the spouse or trust, as the case may be,
shall be deemed to have acquired the
property at the time of the death at a cost
equal to those proceeds.
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(6) Paragraph 70(6)(d) of the Act is
replaced by the following:
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(d) subject to paragraph (d.1), the taxpayer
shall be deemed to have, immediately
before the taxpayer's death, disposed of the
property and received proceeds of
disposition therefor equal to
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(i) where the property was depreciable
property of a prescribed class, the lesser
of the capital cost and the cost amount to
the taxpayer of the property immediately
before the death, and
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