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(2) Subparagraph (a)(iii) of the definition
``specified percentage'' in subsection 127(9)
of the Act is amended by striking out the
word ``and'' at the end of clause (A) and by
replacing clause (B) with the following:
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(3) Subparagraph (a)(v) of the definition
``specified percentage'' in subsection 127(9)
of the Act is amended by striking out the
word ``and'' at the end of clause (A) and by
replacing clause (B) with the following:
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(4) Paragraph (e) of the definition
``specified percentage'' in subsection 127(9)
of the Act is amended by striking out the
word ``and'' at the end of subparagraph (iii)
and by replacing subparagraph (iv) with
the following:
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(5) Subsections 127(10.1) and (10.2) of the
Act are replaced by the following:
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Additions to
investment tax
credit
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(10.1) For the purpose of paragraph (e) of
the definition ``investment tax credit'' in
subsection (9), where a corporation was
throughout a particular taxation year a
Canadian-controlled private corporation,
there shall be added in computing the
corporation's investment tax credit at the end
of the particular year the amount determined
by the formula
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(35/100 x A) - B
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where
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A is the lesser of
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B is the total of all amounts determined under
paragraph (a) of the definition ``investment
tax credit'' in subsection (9) in respect of an
expenditure referred to in paragraph (a) of
the description of A.
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Expenditure
limit
determined
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(10.2) For the purpose of subsection (10.1),
a corporation's expenditure limit for a
particular taxation year is the amount
determined by the formula
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($4,000,000 - 10A) x B/$200,000
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where
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A is the greater of
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B is the total of the business limits under
section 125 for the particular year of the
corporation and any such other corporations
for the particular year,
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unless the corporation is associated in the
particular year with one or more other
Canadian-controlled private corporations, in
which case, except as otherwise provided in
this section, its expenditure limit for the
particular year is nil.
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(6) Subsection 127(10.6) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a), by adding the
word ``and'' at the end of paragraph (b) and
by adding the following after
paragraph (b):
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(7) Subsection 127(11.2) of the Act is
replaced by the following:
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Time of
expenditure
and
acquisition
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(11.2) In applying subsections (5), (7) and
(8), paragraph (a) of the definition
``investment tax credit'' in subsection (9) and
section 127.1,
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by the taxpayer before the property is
considered to have become available for use
by the taxpayer, determined without reference
to paragraphs 13(27)(c) and (28)(d).
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(8) Subsections (1) to (4) apply to
property acquired and expenditures
incurred after 1994.
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(9) Subsections (5) and (6) apply to
taxation years that begin after 1995.
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(10) Subsection (7) applies to property
acquired and expenditures incurred after
February 21, 1994.
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38. (1) The definition ``qualifying
corporation'' in subsection 127.1(2) of the
Act is replaced by the following:
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``qualifying
corporation'' « société admissible »
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``qualifying corporation'' for a particular
taxation year means a corporation that is,
throughout the particular year, a
Canadian-controlled private corporation
the taxable income of which for its
preceding taxation year or, if it is associated
with one or more other corporations in the
particular year, the taxable income of the
corporation for its last taxation year ending
in the preceding calendar year plus the
taxable incomes of all such other
corporations for their last taxation years
ending in the preceding calendar year, does
not exceed the total of the business limits
(as determined under section 125) of the
corporation and the other corporations for
those preceding years, except that for a
particular taxation year that begins before
1996 the total of the business limits shall be
determined under section 125 as that
section read in its application to taxation
years ending before July 1994;
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(2) Subsection (1) applies to taxation
years that end after June 1994.
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39. (1) The Act is amended by adding the
following after section 127.4:
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Part XII.4 tax
credit
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127.41 (1) In this section, the Part XII.4 tax
credit of a taxpayer for a particular taxation
year means the total of
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A x B/C
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Reduction of
Part I tax
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(2) There may be deducted from a
taxpayer's tax otherwise payable under this
Part for a taxation year such amount as the
taxpayer claims not exceeding the taxpayer's
Part XII.4 tax credit for the year.
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Deemed
payment of
Part I tax
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(3) There shall be deemed to have been paid
on account of tax payable under this Part by a
taxpayer (other than a taxpayer exempt from
such tax) for a taxation year, where the
taxpayer is an individual, on the individual's
balance-due day for the year and, where the
taxpayer is a corporation, on the day referred
to in paragraph 157(1)(b) on or before which
the remainder of the taxes payable under this
Part for the year by the taxpayer would be
required to be paid if such a remainder were
payable, such amount as the taxpayer claims
not exceeding the amount, if any, by which
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exceeds
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(2) Subsection (1) applies to taxation
years that end after February 22, 1994.
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40. (1) Subsection 130.1(4) of the Act is
replaced by the following:
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Election re
capital gains
dividend
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(4) Where at any particular time during the
period that begins 91 days after the beginning
of a taxation year of a corporation that was,
throughout the year, a mortgage investment
corporation and ends 90 days after the end of
the year, a dividend is paid by the corporation
to shareholders of the corporation, if the
corporation so elects in respect of the full
amount of the dividend in prescribed manner
and at or before the earlier of the particular
time and the first day on which any part of the
dividend was paid,
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(2) The definitions ``non-qualifying real
property'', ``non-qualifying taxed capital
gains'' and ``qualifying taxed capital gains''
in subsection 130.1(9) of the Act are
repealed.
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(3) Subsection 130.1(9) of the Act is
amended by adding the following in
alphabetical order:
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``taxed capital
gains'' « gains en capital imposés »
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``taxed capital gains'' has the meaning
assigned by paragraph 130(3)(b).
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(4) Subsection (1) applies to dividends
paid after February 22, 1994.
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(5) Subsections (2) and (3) apply after
February 22, 1994.
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41. (1) Subsection 131(1) of the Act is
replaced by the following:
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Election re
capital gains
dividend
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131. (1) Where at any particular time a
dividend became payable by a corporation,
that was throughout the taxation year in which
the dividend became payable a mutual fund
corporation, to shareholders of any class of its
capital stock, if the corporation so elects in
respect of the full amount of the dividend in
prescribed manner and at or before the earlier
of the particular time and the first day on
which any part of the dividend was paid,
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(2) The definitions ``non-qualifying real
property'' and ``non-qualifying real
property capital gains dividend account'' in
subsection 131(6) of the Act are repealed.
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(3) The definition ``capital gains dividend
account'' in subsection 131(6) of the Act is
replaced by the following:
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