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(3) Subsections (1) and (2) apply to
premiums paid after February 1994 for
insurance.
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7. (1) Subsection 20(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (qq) and by adding the
following after paragraph (rr):
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Mining
reclamation
trusts
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Acquisition of
interests in
mining
reclamation
trusts
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(2) Subparagraph 20(4.2)(a)(ii) of the Act
is replaced by the following:
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(3) Subsection 20(26) of the Act is
replaced by the following:
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Transition
deduction re
unpaid claims
reserve
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(26) An insurer may deduct, in computing
its income for its taxation year that includes
February 23, 1994, such amount as the insurer
claims not exceeding the amount prescribed to
be the insurer's unpaid claims reserve
adjustment.
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(4) Subsection (1) applies to taxation
years that end after February 22, 1994 and,
for the purpose of paragraph 20(1)(ss) of
the Act, as enacted by subsection (1), each
contribution made by a taxpayer to a trust
before February 23, 1994 shall be deemed
to have been made on February 23, 1994.
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(5) Subsection (2) applies to taxation
years that end after February 22, 1994.
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(6) Subsection (3) applies to taxation
years that include February 23, 1994.
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8. (1) Subparagraph 24(2)(d)(ii) of the
Act is replaced by the following:
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(2) Subsection (1) applies to fiscal periods
that end after February 22, 1994.
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9. (1) The portion of subsection 37(1) of
the Act before paragraph (a) is replaced by
the following:
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Scientific
research and
experimental
development
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37. (1) Where a taxpayer carried on a
business in Canada in a taxation year and files
with the Minister by the day on or before
which the taxpayer's return of income under
this Part for the taxpayer's following taxation
year is required to be filed, or would be
required to be filed if tax under this Part were
payable by the taxpayer for that following
year, a prescribed form containing prescribed
information, there may be deducted in
computing the taxpayer's income from the
business for the year such amount as the
taxpayer claims not exceeding the amount, if
any, by which the total of
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(2) Section 37 of the Act is amended by
adding the following after subsection (10):
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Reclassified
expenditures
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(11) For the purpose of subsection (1), a
taxpayer is not required to file the prescribed
form referred to in that subsection in respect
of an expenditure incurred in a taxation year
by the taxpayer where the expenditure is
reclassified by the Minister on an assessment
of the taxpayer's tax payable under this Part
for the year, or on a determination that no tax
under this Part is payable by the taxpayer for
the year, as an expenditure in respect of
scientific research and experimental
development.
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(3) Subsections (1) and (2) apply after
February 21, 1994 to expenditures incurred
at any time except that, for an expenditure
incurred by a taxpayer in a taxation year
that ended before February 22, 1994, the
taxpayer may file the prescribed form
referred to in subsection 37(1) of the Act, as
amended by subsection (1), by the later of
the day referred to in that subsection and
the day that is 90 days after this Act is
assented to.
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10. (1) Paragraph 39(1)(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (iii), by adding the
word ``or'' at the end of subparagraph (iv)
and by adding the following after
subparagraph (iv):
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(2) Subparagraph 39(1)(b)(ii) of the Act is
replaced by the following:
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(3) Subsection 39(11) of the Act is
replaced by the following:
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Recovery of
bad debt
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(11) Where an amount is received in a
taxation year on account of a debt (in this
subsection referred to as the ``recovered
amount'') in respect of which a deduction for
bad debts had been made under subsection
20(4.2) in computing the taxpayer's income
for a preceding taxation year, the amount, if
any, by which 3/4 of the recovered amount
exceeds the amount determined under
paragraph 12(1)(i.1) in respect of the
recovered amount shall be deemed to be a
taxable capital gain of the taxpayer from a
disposition of capital property by the taxpayer
in the year.
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(4) Subsections (1) and (2) apply to
taxation years that end after February 22,
1994.
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(5) Subsection (3) applies to the 1994 and
subsequent taxation years except that, in its
application to the 1994 taxation year,
subsection 39(11) of the Act, as enacted by
subsection (3), shall be read as follows:
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(11) Where an amount is received in a
taxation year on account of a debt (in this
subsection referred to as the ``recovered
amount'') in respect of which a deduction for
bad debts had been made under subsection
20(4.2) in computing the taxpayer's income
for a preceding taxation year, the amount, if
any, by which 3/4 of the recovered amount
exceeds the amount determined under
paragraph 12(1)(i.1) in respect of the
recovered amount shall be deemed to be a
taxable capital gain of the taxpayer from a
disposition of capital property by the taxpayer
in the year and, for the purposes of section
110.6, that property shall be deemed to have
been disposed of by the taxpayer on the day on
which the taxpayer received the recovered
amount.
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11. (1) The Act is amended by adding the
following after section 39:
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Definitions
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39.1 (1) In this section,
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``exempt
capital gains
balance'' « solde des gains en capital exonérés »
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``exempt capital gains balance'' of an
individual for a taxation year that ends
before 2005 in respect of a flow-through
entity means the amount determined by the
formula
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A - B - C
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D - E
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``flow-throug
h entity'' « entité intermédiaire »
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``flow-through entity'' means
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Reduction of
capital gain
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(2) Where at any time after February 22,
1994 an individual disposes of an interest in or
a share of the capital stock of a flow-through
entity, the individual's capital gain, if any,
otherwise determined for a taxation year from
the disposition shall be reduced by such
amount as the individual claims, not
exceeding the amount determined by the
formula
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A - B - C
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where
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A is the exempt capital gains balance of the
individual for the year in respect of the
entity,
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B is
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C is the total of all reductions under this
subsection in the individual's capital gains
otherwise determined for the year from the
disposition of other interests in or shares of
the capital stock of the entity.
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Reduction of
taxable capital
gain
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(3) The taxable capital gain otherwise
determined under subsection 104(21) of an
individual for a taxation year as a result of a
designation made under that subsection by a
flow-through entity shall be reduced by such
amount as the individual claims, not
exceeding 3/4 of the individual's exempt
capital gains balance for the year in respect of
the entity.
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Reduction in
share of
partnership's
taxable capital
gains
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(4) An individual's share otherwise
determined for a taxation year of a taxable
capital gain of a partnership from the
disposition of a property (other than property
acquired by the partnership after February 22,
1994 in a transfer to which subsection 97(2)
applied) for its fiscal period that ends after
February 22, 1994 and in the year shall be
reduced by such amount as the individual
claims, not exceeding the amount determined
by the formula
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A - B
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where
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A is 3/4 of the individual's exempt capital
gains balance for the year in respect of the
partnership, and
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B is the total of amounts claimed by the
individual under this subsection in respect
of other taxable capital gains of the
partnership for that fiscal period.
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Reduction in
share of
partnership's
income from a
business
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(5) An individual's share otherwise
determined for a taxation year of the income
of a partnership from a business for the
partnership's fiscal period that ends in the year
and the individual's share of the partnership's
taxable capital gain, if any, arising under
subparagraph 14(1)(a)(v) shall be reduced by
such amount as the individual claims, not
exceeding the lesser of
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