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(4) Subsections (1) to (3) apply to taxation
years that end after February 21, 1994.
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19. (1) The Act is amended by adding the
following after section 56.1:
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Reserve
claimed for
debt
forgiveness
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56.2 There shall be included in computing
an individual's income for a taxation year
during which the individual was not a
bankrupt the amount, if any, deducted under
section 61.2 in computing the individual's
income for the preceding taxation year.
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Reserve
claimed for
debt
forgiveness
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56.3 There shall be included in computing
a taxpayer's income for a taxation year during
which the taxpayer was not a bankrupt the
amount, if any, deducted under section 61.4 in
computing the taxpayer's income for the
preceding taxation year.
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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20. (1) The Act is amended by adding the
following after section 61.1:
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Reserve for
debt
forgiveness
for resident
individuals
|
61.2 There may be deducted in computing
the income for a taxation year of an individual
(other than a trust) resident in Canada
throughout the year such amount as the
individual claims not exceeding the amount
determined by the formula
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A + B - 0.2(C - $40,000)
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where
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A is the amount, if any, by which
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(a) the total of all amounts each of which
is an amount that, because of the
application of section 80 to an obligation
payable by the individual (or a
partnership of which the individual was
a member) was included under
subsection 80(13) in computing the
income of the individual for the year or
the income of the partnership for a fiscal
period that ends in the year (to the extent
that, where the amount was included in
computing income of a partnership, it
relates to the individual's share of that
income)
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(b) the total of all amounts deducted
because of paragraph 80(15)(a) in
computing the individual's income for
the year,
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B is the amount, if any, included under section
56.2 in computing the individual's income
for the year, and
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C is the greater of $40,000 and the individual's
income for the year, determined without
reference to this section, section 56.2,
paragraph 60(w), subsection 80(13) and
paragraph 80(15)(a).
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Deduction for
insolvency
with respect to
resident
corporations
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61.3 (1) There shall be deducted in
computing the income for a taxation year of a
corporation resident in Canada throughout the
year that is not exempt from tax under this Part
on its taxable income, the lesser of
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(a) the amount, if any, by which
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(i) the total of all amounts each of which
is an amount that, because of the
application of section 80 to a commercial
obligation (in this section having the
meaning assigned by subsection 80(1))
issued by the corporation (or a
partnership of which the corporation was
a member) was included under
subsection 80(13) in computing the
income of the corporation for the year or
the income of the partnership for a fiscal
period that ends in the year (to the extent
that the amount, where it was included in
computing income of a partnership,
relates to the corporation's share of that
income)
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(ii) the total of all amounts deducted
because of paragraph 80(15)(a) in
computing the corporation's income for
the year, and
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(b) the amount determined by the formula
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A - 2(B - C - D - E)
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A is the amount determined under
paragraph (a) in respect of the
corporation for the year,
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(i) the fair market value of the assets of
the corporation at the end of the year,
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(ii) the amounts paid before the end of
the year on account of the
corporation's tax payable under this
Part or any of Parts I.3, II, VI and XIV
for the year or on account of a similar
tax payable for the year under an Act
of a province, and
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(iii) all amounts paid by the
corporation in the 12-month period
preceding the end of the year to a
person with whom the corporation
does not deal at arm's length
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(A) as a dividend (other than a stock
dividend),
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(B) on a reduction of paid-up capital
in respect of any class of shares of its
capital stock,
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(C) on a redemption, acquisition or
cancellation of its shares, or
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(D) as a distribution or
appropriation in any manner
whatever to or for the benefit of the
shareholders of any class of its
capital stock, to the extent that the
distribution or appropriation cannot
reasonably be considered to have
resulted in a reduction in the amount
otherwise determined for C in
respect of the corporation for the
year,
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C is the total liabilities of the corporation at
the end of the year (determined without
reference to the corporation's liabilities
for tax payable under this Part or any of
Parts I.3, II, VI and XIV for the year or for
a similar tax payable for the year under an
Act of a province) and, for this purpose,
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(i) the equity and consolidation
methods of accounting shall not be
used, and
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(ii) subject to subparagraph (i) and
except as otherwise provided in this
description, the total liabilities of the
corporation shall
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(A) where the corporation is not an
insurance corporation or a bank to
which clause (B) or (C) applies and
the balance sheet as of the end of the
year was presented to the
shareholders of the corporation and
was prepared in accordance with
generally accepted accounting
principles, be considered to be the
total liabilities shown on that
balance sheet,
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(B) where the corporation is a bank
or an insurance corporation that is
required to report to the
Superintendent of Financial
Institutions and the balance sheet as
of the end of the year was accepted
by the Superintendent, be
considered to be the total liabilities
shown on that balance sheet,
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(C) where the corporation is an
insurance corporation that is
required to report to the
superintendent of insurance or other
similar officer or authority of the
province under whose laws the
corporation is incorporated and the
balance sheet as of the end of the
year was accepted by that officer or
authority, be considered to be the
total liabilities shown on that
balance sheet, and
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(D) in any other case, be considered
to be the amount that would be
shown as total liabilities of the
corporation at the end of the year on
a balance sheet prepared in
accordance with generally accepted
accounting principles,
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D is the total of all amounts each of which
is the principal amount at the end of the
year of a distress preferred share (within
the meaning assigned by subsection
80(1)) issued by the corporation, and
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E is 50% of the amount, if any, by which the
amount that would be the corporation's
income for the year if that amount were
determined without reference to this
section, section 61.4 and subsection
80(17) exceeds the amount determined
under paragraph (a) in respect of the
corporation for the year.
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Reserve for
insolvency
with respect to
non-resident
corporations
|
(2) There shall be deducted in computing
the income for a taxation year of a corporation
that is non-resident at any time in the year, the
lesser of
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(a) the amount, if any, by which
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(i) the total of all amounts each of which
is an amount that, because of the
application of section 80 to a commercial
obligation issued by the corporation (or a
partnership of which the corporation was
a member) was included under
subsection 80(13) in computing the
corporation's taxable income or taxable
income earned in Canada for the year or
the income of the partnership for a fiscal
period that ends in the year (to the extent
that, where the amount was included in
computing income of a partnership, it
relates to the corporation's share of the
partnership's income added in
computing the corporation's taxable
income or taxable income earned in
Canada for the year)
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(ii) the total of all amounts deducted
because of paragraph 80(15)(a) in
computing the corporation's taxable
income or taxable income earned in
Canada for the year, and
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(b) the amount determined by the formula
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A - 2(B - C - D - E)
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A is the amount determined under
paragraph (a) in respect of the
corporation for the year,
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(i) the fair market value of the assets of
the corporation at the end of the year,
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(ii) the amounts paid before the end of
the year on account of the
corporation's tax payable under this
Part or any of Parts I.3, II, VI and XIV
for the year or on account of a similar
tax payable for the year under an Act
of a province, and
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(iii) all amounts paid in the 12-month
period preceding the end of the year by
the corporation to a person with whom
the corporation does not deal at arm's
length
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(A) as a dividend (other than a stock
dividend),
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(B) on a reduction of paid-up capital
in respect of any class of shares of its
capital stock,
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(C) on a redemption, acquisition or
cancellation of its shares, or
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(D) as a distribution or
appropriation in any manner
whatever to or for the benefit of the
shareholders of any class of its
capital stock, to the extent that the
distribution or appropriation cannot
reasonably be considered to have
resulted in a reduction of the amount
otherwise determined for C in
respect of the corporation for the
year,
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C is the total liabilities of the corporation at
the end of the year (determined without
reference to the corporation's liabilities
for tax payable under this Part or any of
Parts I.3, II, VI and XIV for the year or for
a similar tax payable for the year under an
Act of a province), determined in the
manner described in the description of C
in paragraph (1)(b),
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D is the total of all amounts each of which
is the principal amount at the end of the
year of a distress preferred share (within
the meaning assigned by subsection
80(1)) issued by the corporation, and
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E is 50% of the amount, if any, by which the
amount that would be the corporation's
taxable income or taxable income earned
in Canada for the year if that amount
were determined without reference to
this section, section 61.4 and subsection
80(17) exceeds the amount determined
under paragraph (a) in respect of the
corporation for the year.
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Anti-avoidanc
e
|
(3) Subsections (1) and (2) do not apply to
a corporation for a taxation year where
property was transferred in the 12-month
period preceding the end of the year or the
corporation became indebted in that period
and it can reasonably be considered that one of
the reasons for the transfer or the indebtedness
was to increase the amount that the
corporation would, but for this subsection, be
entitled to deduct under subsection (1) or (2).
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Reserve for
debt
forgiveness
for
corporations
and others
|
61.4 There may be deducted as a reserve in
computing the income for a taxation year of a
taxpayer that is a corporation or trust resident
in Canada throughout the year or a
non-resident person who carried on business
through a fixed placed of business in Canada
at the end of the year such amount as the
taxpayer claims not exceeding the least of
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(a) the amount determined by the formula
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A - B
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A is the amount, if any, by which
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(i) the total of all amounts each of
which is an amount that, because of the
application of section 80 to a
commercial obligation (within the
meaning assigned by subsection 80(1))
issued by the taxpayer (or a partnership
of which the taxpayer was a member)
was included under subsection 80(13)
in computing the income of the
taxpayer for the year or a preceding
taxation year or of the partnership for
a fiscal period that ends in that year or
preceding year (to the extent that,
where the amount was included in
computing income of a partnership, it
relates to the taxpayer's share of that
income)
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(ii) all amounts each of which is an
amount deducted under paragraph
80(15)(a) in computing the taxpayer's
income for the year or a preceding
taxation year, and
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(iii) all amounts deducted under
section 61.3 in computing the
taxpayer's income for the year or a
preceding taxation year, and
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B is the amount, if any, by which the amount
determined for A in respect of the
taxpayer for the year exceeds the total of
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(i) the amount that would be
determined for A in respect of the
taxpayer for the year if that value did
not take into account amounts
included or deducted in computing the
taxpayer's income for any preceding
taxation year, and
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(ii) the amount, if any, included under
section 56.3 in computing the
taxpayer's income for the year,
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(i) 4/5 of the amount that would be
determined for A in paragraph (a) in
respect of the taxpayer for the year if that
value did not take into account amounts
included or deducted in computing the
taxpayer's income for any preceding
taxation year,
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(ii) 3/5 of the amount that would be
determined for A in paragraph (a) in
respect of the taxpayer for the year if that
value did not take into account amounts
included or deducted in computing the
taxpayer's income for the year or any
preceding taxation year (other than the
last preceding taxation year),
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(iii) 2/5 of the amount that would be
determined for A in paragraph (a) in
respect of the taxpayer for the year if that
value did not take into account amounts
included or deducted in computing the
taxpayer's income for the year or any
preceding taxation year (other than the
second last preceding taxation year), and
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(iv) 1/5 of the amount that would be
determined for A in paragraph (a) in
respect of the taxpayer for the year if that
value did not take into account amounts
included or deducted in computing the
taxpayer's income for the year or any
preceding taxation year (other than the
third last preceding taxation year), and
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(c) where the taxpayer is a corporation that
commences to wind up in the year
(otherwise than in circumstances to which
the rules in subsection 88(1) apply), nil.
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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21. (1) Paragraph 66(4)(a) of the Act is
replaced by the following:
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(a) the amount, if any, by which
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(i) the total of the foreign exploration and
development expenses incurred by the
taxpayer before the end of the year
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(ii) such of the expenses described in
subparagraph (i) as were deductible in
computing the taxpayer's income for a
preceding taxation year, and
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(iii) all amounts by which the amount
described in this paragraph in respect of
the taxpayer is required because of
subsection 80(8) to be reduced at or
before the end of the year, and
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(2) Subsection (1) applies to taxation
years that end after February 21, 1994.
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22. (1) The formula in the definition
``cumulative Canadian exploration
expense'' in subsection 66.1(6) of the Act is
replaced by the following:
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(A + B + C + D + E + E.1) -
(F + G + H + I + J + J.1 + K + L + M)
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