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where
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A is the number of months each of which is a
month all or part of which is during the
period that begins the day after the election
filing date and ends the day the election or
amended election is filed with the Minister;
and
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B is the total of all amounts each of which is
the taxable capital gain of the elector or a
spouse of the elector that results from the
application of subsection (19) to the
property or the business in respect of which
the election is made less, where subsection
(27) applies to the election, the total of all
amounts each of which would, if the Act
were read without reference to subsections
(20) and (27), be the taxable capital gain of
the elector or a spouse of the elector that
resulted from the application of subsection
(19) to the property or the business.
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Unpaid
balance of
penalty
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(30) The Minister shall, with all due
dispatch, examine each election to which
subsection (26) or (27) applies, assess the
penalty payable and send a notice of
assessment to the elector who made the
election, and the elector shall pay forthwith to
the Receiver General the amount, if any, by
which the penalty so assessed exceeds the
total of all amounts previously paid on
account of that penalty.
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(13) Subsection (1) applies after 1995.
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(14) Subsections (2) and (12) apply to the
1994 and subsequent taxation years except
that, for the 1994 and 1995 taxation years,
paragraph (b) of the description of A in the
definition ``annual gains limit'' in
subsection 110.6(1) of the Act, as enacted by
subsection (2), shall be read as follows:
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(15) In applying the Act to the 1994 and
1995 taxation years,
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(16) Subsections (3) to (8), (10) and (11)
apply to the 1996 and subsequent taxation
years and, in applying subsection 110.6(3)
of the Act to the 1994 and 1995 taxation
years, the portion of subsection 110.6(3)
before paragraph (a) shall be read as
follows:
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(3) In computing the taxable income for a
taxation year of an individual (other than a
trust) who was resident in Canada throughout
the year and who disposed of property (other
than property the capital gain or capital loss
from the disposition of which is included in
determining an amount under paragraph
(2)(d) or (2.1)(d)) there may be deducted such
amount as the individual claims, not
exceeding the least of
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(17) Subsection (9) applies to taxation
years that end after February 22, 1994
except that, for taxation years that end after
that day and before 1997, paragraph
110.6(12)(b) of the Act, as enacted by that
subsection, shall be read as follows:
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33. (1) Subsection 118(2) of the Act is
replaced by the following:
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Age credit
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(2) For the purpose of computing the tax
payable under this Part for a taxation year by
an individual who, before the end of the year,
has attained the age of 65 years, there may be
deducted the amount determined by the
formula
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A x ($3,236 - B)
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where
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A is the appropriate percentage for the year;
and
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B is 15% of the amount, if any, by which the
individual's income for the year exceeds
$25,921.
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(2) Subsection (1) applies to the 1994 and
subsequent taxation years except that,
notwithstanding section 117.1 of the Act,
the value of B in subsection 118(2) of the
Act, as enacted by subsection (1), shall, for
the 1994 taxation year, be determined as the
lesser of $1,741 and 7.5% of the amount, if
any, by which the individual's income for
the year exceeds $25,921.
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34. (1) Subsection 118.1(3) of the Act is
replaced by the following:
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Deduction by
individuals
for gifts
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(3) For the purpose of computing the tax
payable under this Part by an individual for a
taxation year, there may be deducted such
amount as the individual claims not exceeding
the amount determined by the formula
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(A x B) + [C x (D - B)]
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where
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A is the appropriate percentage for the year;
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B is the lesser of $200 and the individual's
total gifts for the year;
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C is the highest percentage referred to in
subsection 117(2) that applies in
determining tax that might be payable
under this Part for the year; and
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D is the individual's total gifts for the year.
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(2) Subsection (1) applies to the 1994 and
subsequent taxation years.
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35. (1) The portion of subsection 125(5) of
the Act before paragraph (a) is replaced by
the following:
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Special rules
for business
limit
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(5) Notwithstanding subsections (2) to (4),
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(2) Section 125 of the Act is amended by
adding the following after subsection (5):
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Business limit
reduction
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(5.1) Notwithstanding subsections (2) to
(5), a Canadian-controlled private
corporation's business limit for a particular
taxation year ending in a calendar year is the
amount, if any, by which its business limit
otherwise determined for the particular year
exceeds the amount determined by the
formula
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A x B/$10,000
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where
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A is the amount that would, but for this
subsection, be the corporation's business
limit for the particular year; and
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B is
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(3) Subsections (1) and (2) apply to
taxation years that end after June 1994
except that, in its application to taxation
years that begin before July 1994,
subsection 125(5.1) of the Act, as enacted by
subsection (2), shall be read as follows:
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(5.1) Notwithstanding subsections (2) to
(5), a Canadian-controlled private
corporation's business limit for a particular
taxation year ending in a calendar year is the
amount, if any, by which its business limit
otherwise determined for the particular year
exceeds the amount determined by the
formula
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A x B/$10,000 x C/D
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where
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A is the amount that would, but for this
subsection, be the corporation's business
limit for the particular year;
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B is
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C is the number of days in the particular year
that are after June 1994; and
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D is the number of days in the particular year.
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(4) Notwithstanding any other provision
of the Income Tax Act or of this Act, nothing
in this section shall affect the amount of
interest payable under the Income Tax Act
in respect of a corporation for any period or
part thereof that is before July 1994.
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36. (1) The definition ``tax for the year
otherwise payable under this Part'' in
subsection 126(7) of the Act is replaced by
the following:
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``tax for the
year otherwise
payable under
this Part'' « impôt payable par ailleurs pour l'année en vertu de la présente partie »
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``tax for the year otherwise payable under this
Part'' means
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A - B
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(2) Paragraph (g) of the definition
``non-business-income tax'' in subsection
126(7) of the Act is replaced by the
following:
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(3) Subsection (1) applies to taxation
years that end after February 22, 1994.
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(4) Subsection (2) applies to the 1994 and
subsequent taxation years.
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37. (1) Paragraph (a) of the definition
``certified property'' in subsection 127(9) of
the Act is amended by striking out the word
``or'' at the end of subparagraph (ii) and by
replacing subparagraph (iii) with the
following:
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