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9. (1) Subsection 37(1) of the Act is
amended by adding the following after
paragraph (f):
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(f.1) the total of all amounts each of which
is the lesser of
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(i) the amount deducted under section
61.3 in computing the taxpayer's income
for a preceding taxation year, and
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(ii) the amount, if any, by which the
amount that was deductible under this
subsection in computing the taxpayer's
income for that preceding year exceeds
the amount claimed under this subsection
in computing the taxpayer's income for
that preceding year,
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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10. (1) The portion of subsection 39(3) of
the Act after paragraph (b) is replaced by
the following:
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to the extent that the amount determined under
paragraph (a) or (b) would not, if section 3
were read in the manner described in
paragraph (1)(a) and this Act were read
without reference to subsections 80(12) and
(13), be included or be deductible, as the case
may be, in computing the taxpayer's income
for the year or any other taxation year.
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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11. (1) Clause 40(1)(a)(iii)(C) of the Act is
replaced by the following:
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(C) a reasonable amount as a reserve in
respect of such of the proceeds of
disposition of the property that are
payable to the taxpayer after the end of
the year as can reasonably be regarded
as a portion of the amount determined
under subparagraph (i) in respect of the
property, and
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(2) Subsection 40(2) of the Act is amended
by adding the following after paragraph
(e):
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(e.1) a taxpayer's loss, if any, from the
disposition at any time to a particular
person or partnership of an obligation that
was, immediately after that time, payable
by another person or partnership to the
particular person or partnership is nil where
the taxpayer, the particular person or
partnership and the other person or
partnership are related to each other at that
time or would be related to each other at that
time if paragraph 80(2)(j) applied for the
purpose of this paragraph;
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(e.2) a taxpayer's loss on the settlement or
extinguishment of a particular commercial
obligation (in this paragraph having the
meaning assigned by subsection 80(1))
issued by a person or partnership and
payable to the taxpayer shall, where any
part of the consideration given by the
person or partnership for the settlement or
extinguishment of the particular obligation
consists of one or more other commercial
obligations issued by the person or
partnership to the taxpayer, be deemed to be
the amount determined by the formula
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A x (B - C)
B
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A is the amount, if any, that would be the
taxpayer's loss from the disposition of
the particular obligation if this Act were
read without reference to this
paragraph,
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B is the total fair market value of all the
consideration given by the person or
partnership for the settlement or
extinguishment of the particular
obligation, and
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C is the total fair market value of the other
obligations;
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(3) Subsection (1) applies to taxation
years that end after February 21, 1994.
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(4) Paragraph 40(2)(e.1) of the Act, as
enacted by subsection (2), applies to
dispositions that occur after July 12, 1994,
other than dispositions pursuant to
agreements in writing entered into before
July 13, 1994.
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(5) Paragraph 40(2)(e.2) of the Act, as
enacted by subsection (2), applies to
dispositions that occur after December 20,
1994, other than dispositions pursuant to
agreements in writing entered into before
December 21, 1994.
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12. (1) Clause 44(1)(e)(iii)(C) of the Act is
replaced by the following:
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(C) a reasonable amount as a reserve in
respect of such of the proceeds of
disposition of the former property that
are payable to the taxpayer after the
end of the particular year as can
reasonably be regarded as a portion of
the amount determined under
subparagraph (i) in respect of the
property, and
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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13. (1) Subsection 47(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a) and by adding the
following after paragraph (b):
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(c) there shall be deducted, after the
particular time, in computing the adjusted
cost base to the taxpayer of each such
identical property, the amount determined
by the formula
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A
B
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A is the total of all amounts deducted
under paragraph 53(2)(g.1) in
computing immediately before the
particular time the adjusted cost base to
the taxpayer of the previously-acquired
properties, and
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B is the number of such identical
properties owned by the taxpayer
immediately after the particular time or,
where subsection (2) applies, the
quotient determined under that
subsection in respect of the acquisition;
and
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(d) there shall be added, after the particular
time, in computing the adjusted cost base to
the taxpayer of each such identical property
the amount determined under paragraph (c)
in respect of the identical property.
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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14. (1) Section 49 of the Act is amended by
adding the following after subsection (3):
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Option to
acquire
specified
property
exercised
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(3.01) Where at any time a taxpayer
exercises an option to acquire a specified
property,
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(a) there shall be deducted after that time in
computing the adjusted cost base to the
taxpayer of the specified property the total
of all amounts deducted under paragraph
53(2)(g.1) in computing, immediately
before that time, the adjusted cost base to
the taxpayer of the option; and
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(b) the amount determined under paragraph
(a) in respect of that acquisition shall be
added after that time in computing the
adjusted cost base to the taxpayer of the
specified property.
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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15. (1) The portion of subsection 50(1) of
the Act after subparagraph (b)(ii) is
replaced by the following:
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(iii) at the end of the year,
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(A) the corporation is insolvent,
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(B) neither the corporation nor a
corporation controlled by it carries on
business,
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(C) the fair market value of the share is
nil, and
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(D) it is reasonable to expect that the
corporation will be dissolved or wound
up and will not commence to carry on
business
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and the taxpayer elects in the taxpayer's return
of income for the year to have this subsection
apply in respect of the debt or the share, as the
case may be, the taxpayer shall be deemed to
have disposed of the debt or the share, as the
case may be, at the end of the year for proceeds
equal to nil and to have reacquired it
immediately after the end of the year at a cost
equal to nil.
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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16. (1) Subsection 51(1) of the Act is
amended by adding the following after
paragraph (d):
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(d.1) there shall be deducted, after the
exchange, in computing the adjusted cost
base to the taxpayer of a share acquired by
the taxpayer on the exchange, the amount
determined by the formula
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A x B
C
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A is the total of all amounts deducted
under paragraph 53(2)(g.1) in
computing, immediately before the
exchange, the adjusted cost base to the
taxpayer of the convertible property,
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B is the fair market value, immediately
after the exchange, of that share, and
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C is the fair market value, immediately
after the exchange, of all the shares
acquired by the taxpayer on the
exchange,
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(d.2) the amount determined under
paragraph (d.1) in respect of a share shall be
added, after the exchange, in computing the
adjusted cost base to the taxpayer of the
share,
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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17. (1) Paragraph 53(1)(f.1) of the Act is
replaced by the following:
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(f.1) where the taxpayer is a taxable
Canadian corporation and the property was
disposed of by another taxable Canadian
corporation to the taxpayer in
circumstances such that paragraph (f.2)
does not apply so as to increase the adjusted
cost base to the other corporation of shares
of the capital stock of the taxpayer and the
capital loss from the disposition was
deemed by paragraph 40(2)(e) or (e.1) or
85(4)(a) to be nil, the amount that would
otherwise have been the capital loss from
the disposition;
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(f.11) where the property was disposed of by
a person (other than a non-resident person
or a person exempt from tax under this Part
on the person's taxable income) or by an
eligible Canadian partnership (within the
meaning assigned by subsection 80(1)) to
the taxpayer in circumstances such that
paragraph (f.1) does not apply so as to
increase the adjusted cost base to the
taxpayer of the property, paragraph (f.2)
does not apply so as to increase the adjusted
cost base to that person of shares of the
capital stock of the taxpayer and the capital
loss from the disposition was deemed by
paragraph 40(2)(e.1) or 85(4)(a) to be nil,
the amount that would otherwise be the
capital loss from the disposition;
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(f.12) where the property is a particular
commercial obligation (in this paragraph
having the meaning assigned by subsection
80(1)) payable to the taxpayer as
consideration for the settlement or
extinguishment of another commercial
obligation payable to the taxpayer and the
taxpayer's loss from the disposition of the
other obligation was reduced because of
paragraph 40(2)(e.2), the proportion of the
reduction that the principal amount of the
particular obligation is of the total of all
amounts each of which is the principal
amount of a commercial obligation payable
to the taxpayer as consideration for the
settlement or extinguishment of that other
obligation;
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(2) Subsection 53(1) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (o), by adding the word ``and'' at
the end of paragraph (p) and by adding the
following after paragraph (p):
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(q) any amount required under paragraph
(4)(b), (5)(b), (6)(b), 47(1)(d), 49(3.01)(b),
51(1)(d.2), 86(4)(b) or 87(5.1)(b) or
(6.1)(b) to be added in computing the
adjusted cost base to the taxpayer of the
property.
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(3) Subsection 53(2) of the Act is amended
by adding the following after paragraph
(g):
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(g.1) any amount required under paragraph
(4)(a), (5)(a), (6)(a), 47(1)(c), 49(3.01)(a),
51(1)(d.1), 86(4)(a) or 87(5.1)(a) or
(6.1)(a) to be deducted in computing the
adjusted cost base to the taxpayer of the
property or any amount by which that
adjusted cost base is required to be reduced
because of subsection 80(9), (10) or (11);
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(4) Section 53 of the Act is amended by
adding the following after subsection (3):
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Recomputa-
tion of
adjusted cost
base on
transfers and
deemed
dispositions
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(4) Where at any time in a taxation year a
person or partnership (in this subsection
referred to as the ``vendor'') disposes of a
specified property and the proceeds of
disposition of the property are determined
under paragraph 48.1(1)(c), section 70 or 73,
subsection 85(1), paragraph 85.1(1)(a),
87(4)(a) or (c) or 88(1)(a), subsection 97(2) or
98(2), paragraph 98(3)(f) or (5)(f), subsection
104(4), paragraph 107(2)(a), (2.1)(a), (4)(d)
or (5)(a) or 111(4)(e) or section 128.1,
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(a) there shall be deducted after that time in
computing the adjusted cost base to the
person or partnership (in this subsection
referred to as the ``transferee'') who
acquires or reacquires the property at or
immediately after that time the amount, if
any, by which
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(i) the total of all amounts deducted under
paragraph (2)(g.1) in computing,
immediately before that time, the
adjusted cost base to the vendor of the
property,
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(ii) the amount that would be the
vendor's capital gain for the year from
that disposition if this Act were read
without reference to subparagraph
40(1)(a)(iii) and subsection 100(2); and
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(b) the amount determined under paragraph
(a) in respect of that disposition shall be
added after that time in computing the
adjusted cost base to the transferee of the
property.
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Recomputa-
tion of
adjusted cost
base on other
transfers
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(5) Where at any time in a taxation year a
person or partnership (in this subsection
referred to as the ``vendor'') disposes of a
specified property to another person or
partnership (in this subsection referred to as
the ``transferee''), the vendor and the
transferee do not deal with each other at arm's
length (or would not deal with each other at
arm's length if paragraph 80(2)(j) applied for
the purpose of this subsection) and the
proceeds of disposition of the property at that
time are not determined under any of the
provisions referred to in subsection (4),
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(a) there shall be deducted after that time in
computing the adjusted cost base to the
transferee of the property the amount, if
any, by which
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(i) the total of all amounts deducted under
paragraph (2)(g.1) in computing,
immediately before that time, the
adjusted cost base to the vendor of the
property
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(ii) the amount that would be the
vendor's capital gain for the year from
that disposition if this Act were read
without reference to subparagraph
40(1)(a)(iii) and subsection 100(2); and
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(b) the amount determined under paragraph
(a) in respect of that disposition shall be
added after that time in computing the
adjusted cost base to the transferee of the
property.
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Recomputa-
tion of
adjusted cost
base on
amalgamation
|
(6) Where a capital property that is a
specified property is acquired by a new
corporate entity at any time as a result of the
amalgamation or merger of 2 or more
predecessor corporations,
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(a) there shall be deducted after that time in
computing the adjusted cost base to the new
entity of the property the total of all
amounts deducted under paragraph (2)(g.1)
in computing, immediately before that
time, the adjusted cost base to a predecessor
corporation of the property, unless those
amounts are otherwise deducted under that
paragraph in computing the adjusted cost
base to the new entity of the property; and
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(b) the amount deducted under paragraph
(a) in respect of the acquisition shall be
added after that time in computing the
adjusted cost base to the new entity of the
property.
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(5) Subsections (1) to (4) apply to taxation
years that end after February 21, 1994.
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18. (1) Paragraph (h) of the definition
``proceeds of disposition'' in section 54 of
the Act is replaced by the following:
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(h) any amount included in computing a
taxpayer's proceeds of disposition of the
property because of section 79, and
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(2) Paragraph (e) of the definition
``superficial loss'' in section 54 of the Act is
replaced by the following:
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(e) was a disposition of property by the
taxpayer to which paragraph 40(2)(e.1)
or subsection 85(4) applies.
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(3) Section 54 of the Act is amended by
adding the following in alphabetical order:
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``specified
property''
« bien
déterminé »
|
``specified property'' of a taxpayer is capital
property of the taxpayer that is
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(b) a capital interest in a trust,
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(c) an interest in a partnership, or
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(d) an option to acquire specified
property of the taxpayer;
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