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
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where
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A is the greater of
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(b) the total of the taxable income of the
corporation for the taxation year
preceding the particular year and the
taxable incomes of all corporations with
which it was associated in the particular
year for their taxation years ending in the
calendar year preceding the calendar
year in which the taxpayer's particular
year ended,
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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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Associated
corporations
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(10.3) If all of the Canadian-controlled
private corporations that are associated with
each other in a taxation year file with the
Minister in prescribed form an agreement
whereby, for the purpose of subsection (10.1),
they allocate an amount to one or more of
them for the year and the amount so allocated
or the total of the amounts so allocated, as the
case may be, does not exceed the amount
determined for the year by the formula in
subsection (10.2), the expenditure limit for the
year of each of the corporations is the amount
so allocated to it.
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Failure to file
agreement
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(10.4) If any of the Canadian-controlled
private corporations that are associated with
each other in a taxation year fails to file with
the Minister an agreement as contemplated by
subsection (10.3) within 30 days after notice
in writing by the Minister is forwarded to any
of them that such an agreement is required for
the purposes of this Part, the Minister shall, for
the purpose of subsection (10.1), allocate an
amount to one or more of them for the year,
which amount or the total of which amounts,
as the case may be, shall equal the amount
determined for the year by the formula in
subsection (10.2), and in any such case the
expenditure limit for the year of each of the
corporations is the amount so allocated to it.
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(11) Paragraphs 127(11.1)(b) and (c) of
the Act are replaced by the following:
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(b) the capital cost to a taxpayer of a
property shall be deemed to be the capital
cost to the taxpayer of the property,
determined without reference to
subsections 13(7.1) and (7.4), less the
amount of any government assistance or
non-government assistance that can
reasonably be considered to be in respect of,
or for the acquisition of, the property and
that, at the time of the filing of the
taxpayer's return of income under this Part
for the taxation year in which the property
was acquired, the taxpayer has received, is
entitled to receive or can reasonably be
expected to receive;
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(c) the amount of a qualified expenditure
(other than a prescribed proxy amount or an
amount determined under paragraph (e))
made by a taxpayer shall be deemed to be
the amount of the qualified expenditure,
determined without reference to
subsections 13(7.1) and (7.4), less the
amount of any government assistance,
non-government assistance or contract
payment that can reasonably be considered
to be in respect of the expenditure and that,
at the time of the filing of the taxpayer's
return of income under this Part for the
taxation year in which the expenditure was
made, the taxpayer has received, is entitled
to receive or can reasonably be expected to
receive;
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(12) Subsection 127(11.1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c.1) and by adding
the following after paragraph (d):
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(e) the amount of a qualified expenditure
made by a taxpayer in the taxation year
ending coincidentally with the end of the
first period (within the meaning assigned in
the definition ``first term
shared-use-equipment'' in subsection (9))
or the second period (within the meaning
assigned in the definition ``second term
shared-use-equipment'' in subsection (9))
in respect of first term
shared-use-equipment or second term
shared-use-equipment, respectively, of the
taxpayer shall be deemed to be 1/4 of the
capital cost of the equipment that would be
determined in accordance with
paragraphs (a) and (b) if paragraph (b)
were read as
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``(b) the capital cost to a taxpayer of a
property shall be deemed to be the capital
cost to the taxpayer of the property,
determined without reference to
subsections 13(7.1) and (7.4), less the
amount of any government assistance,
non-government assistance or contract
payment that can reasonably be
considered to be in respect of, or for the
acquisition of, the property and that, at
the time of the filing of the return of
income under this Part for the taxation
year ending coincidentally with the first
period, the taxpayer has received, is
entitled to receive or can reasonably be
expected to receive;''; and
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(f) the prescribed proxy amount of a
taxpayer for a taxation year shall be deemed
to be the prescribed proxy amount of the
taxpayer for the taxation year less the
amount of any government assistance,
non-government assistance or contract
payment that can reasonably be considered
to be in respect of an expenditure described
in subparagraph 37(8)(a)(ii), other than an
expenditure described in clause (B) of that
subparagraph, and that, at the time of the
filing of the taxpayer's return of income
under this Part for the taxation year in which
the expenditure was made, the taxpayer has
received, is entitled to receive or can
reasonably be expected to receive.
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(13) Subsection 127(17) of the Act is
repealed.
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(14) Subsections (1), (2), (10) and (13)
apply to taxation years that begin after
1993.
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(15) Subsections (3), (5), (8) and (9) apply
to property acquired after December 2,
1992.
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(16) Subsections (4), (6), (7), (11) and (12)
apply to taxation years that end after
December 2, 1992.
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16. (1) The definition ``refundable
investment tax credit'' in subsection
127.1(2) of the Act is replaced by the
following:
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``refundable
investment tax
credit''
« crédit
d'impôt à
l'investisseme
nt
remboursable
»
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``refundable investment tax credit'' of a
taxpayer for a taxation year means, in the
case of a taxpayer who is
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(a) a qualifying corporation for the year,
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(b) an individual other than a trust, or
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(c) a trust each beneficiary of which is a
person referred to in paragraph (a) or (b),
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an amount equal to 40% of the amount, if
any, by which
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(d) the total of all amounts included in
computing the taxpayer's investment tax
credit at the end of the year
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(i) in respect of property (other than
qualified small-business property)
acquired, or a qualified expenditure
(other than an expenditure in respect of
which an amount is included under
paragraph (f) in computing the
taxpayer's refundable investment tax
credit for the year) incurred, by the
taxpayer in the year, or
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(ii) because of paragraph (b) of the
definition ``investment tax credit'' in
subsection 127(9) in respect of a
property (other than qualified
small-business property) acquired or a
qualified expenditure (other than an
expenditure in respect of which an
amount is included under paragraph (f)
in computing the taxpayer's
refundable investment tax credit for
the year) incurred
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(i) the portion of the total of all
amounts deducted under
subsection 127(5) for the year or a
preceding taxation year (other than an
amount deemed by subsection (3) to be
so deducted for the year) that can
reasonably be considered to be in
respect of the total determined under
paragraph (d), and
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(ii) the portion of the total of all
amounts required by subsection 127(6)
or (7) to be deducted in computing the
taxpayer's investment tax credit at the
end of the year that can reasonably be
considered to be in respect of the total
determined under paragraph (d),
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plus, where the taxpayer is a qualifying
corporation (other than an excluded
corporation) for the year, the amount, if any,
by which
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(i) the portion of the amount required
by subsection 127(10.1) to be added in
computing the taxpayer's investment
tax credit at the end of the year that is
in respect of qualified expenditures
(other than expenditures of a capital
nature) incurred in the year, and
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(ii) all amounts determined under
paragraph (a) of the definition
``investment tax credit'' in subsection
127(9) in respect of expenditures for
which amounts are included in
subparagraph (i)
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(i) the portion of the total of all
amounts deducted by the taxpayer
under subsection 127(5) for the year or
a preceding taxation year (other than
an amount deemed by subsection (3) to
be so deducted for the year) that can
reasonably be considered to be in
respect of the total determined under
paragraph (f), and
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(ii) the portion of the total of all
amounts required by subsection 127(6)
to be deducted in computing the
taxpayer's investment tax credit at the
end of the year that can reasonably be
considered to be in respect of the total
determined under paragraph (f).
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(2) Section 127.1 of the Act is amended by
adding the following after subsection (2):
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Addition to
refundable
investment tax
credit
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(2.01) In the case of a taxpayer that is a
Canadian-controlled private corporation
other than a qualifying corporation or an
excluded corporation, the refundable
investment tax credit of the taxpayer for a
taxation year is 40% of the amount, if any, by
which
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(i) the portion of the amount required by
subsection 127(10.1) to be added in
computing the taxpayer's investment tax
credit at the end of the year that is in
respect of qualified expenditures (other
than expenditures of a current nature)
incurred in the year, and
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(ii) all amounts determined under
paragraph (a) of the definition
``investment tax credit'' in subsection
127(9) in respect of expenditures for
which an amount is included in
subparagraph (i)
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exceeds
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(i) the portion of the total of all amounts
deducted by the taxpayer under
subsection 127(5) for the year or a
preceding taxation year (other than an
amount deemed by subsection (3) to have
been so deducted for the year) that can
reasonably be considered to be in respect
of the total determined under paragraph
(a), and
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(ii) the portion of the total of all amounts
required by subsection 127(6) to be
deducted in computing the taxpayer's
investment tax credit at the end of the
year that can reasonably be considered to
be in respect of the total determined
under paragraph (a)
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plus the amount, if any, by which
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(i) the portion of the amount required by
subsection 127(10.1) to be added in
computing the taxpayer's investment tax
credit at the end of the year that is in
respect of qualified expenditures (other
than expenditures of a capital nature)
incurred in the year, and
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(ii) all amounts determined under
paragraph (a) of the definition
``investment tax credit'' in subsection
127(9) in respect of expenditures for
which an amount is included in
subparagraph (i)
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exceeds
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(i) the portion of the total of all amounts
deducted by the taxpayer under
subsection 127(5) for the year or a
preceding taxation year (other than an
amount deemed by subsection (3) to have
been so deducted for the year) that can
reasonably be considered to be in respect
of the total determined under paragraph
(c), and
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(ii) the portion of the total of all amounts
required by subsection 127(6) to be
deducted in computing the taxpayer's
investment tax credit at the end of the
year that can reasonably be considered to
be in respect of the total determined
under paragraph (c).
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(3) Subsection (1) applies to taxation
years that end after December 2, 1992.
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(4) Subsection (2) applies to taxation
years that begin after 1993.
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17. (1) Subsection 127.4(1) of the Act is
amended by adding the following in
alphabetical order:
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``qualifying
trust''
« fiducie
admissible »
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``qualifying trust'' for an individual in respect
of a share means a trust governed by a
registered retirement savings plan where
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(a) the individual makes contributions to
the trust and those contributions (and no
other funds) can reasonably be
considered to have been used by the trust
to acquire or subscribe for the share, and
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(b) the annuitant under the plan is the
individual or a spouse of the individual;
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(2) Subsections 127.4(3) and (4) of the Act
are replaced by the following:
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Computation
of tax credit
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(3) The labour-sponsored funds tax credit of
an individual for a taxation year is the total of
all amounts, in respect of an approved share
acquired or irrevocably subscribed and paid
for by the individual (or by a qualifying trust
for the individual in respect of the share) in the
year or within 60 days after the end of the year
(to the extent that it was not deducted in
computing the individual's tax payable under
this Part for the preceding taxation year), each
of which is
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(a) where a tax credit is provided under the
law of a province in respect of the
acquisition of, or subscription for, the share
by the individual or the trust, and the share
is not a share of a registered
labour-sponsored venture capital
corporation (within the meaning assigned
by section 204.8), the amount, if any, by
which
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(i) 40% of the net cost to the individual or
the trust of the share
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(ii) the amount of the tax credit so
provided; and
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(b) in any other case, where the information
return described in paragraph 204.81(6)(c)
in respect of the share was filed with the
individual's return of income under this
Part for the year (other than a return of
income filed under subsection 70(2),
paragraph 104(23)(d) or 128(2)(e) or
subsection 150(4)), 20% of the net cost to
the individual or the trust of the share.
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Idem
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(4) Notwithstanding subsection (3), where
paragraph (3)(a) applies in computing an
individual's labour-sponsored funds tax credit
for a taxation year in respect of an approved
share and the amount of the tax credit referred
to in that paragraph is less than 20% of the
consideration for which the share was issued,
the amount determined under that paragraph
for the year in respect of the share shall be
deemed to be nil.
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(3) Subsections (1) and (2) apply to the
1992 and subsequent taxation years.
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18. (1) Paragraph 128(2)(d) of the Act is
replaced by the following:
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(d) except for the purposes of
subsections 146(1) and 146.01(4), (9) and
(10) and Part X.1, a taxation year of the
individual shall be deemed to have begun
on the day in the calendar year on which the
individual became a bankrupt and the
individual's taxation year that would
otherwise have ended on the last day of that
calendar year shall be deemed to have
ended on the day immediately before the
day the individual became a bankrupt;
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(2) Subsection (1) applies to the 1993 and
subsequent taxation years.
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19. (1) The definition ``eligible amount''
in subsection 146.01(1) of the Act is
replaced by the following:
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``eligible
amount''
« montant
admissible »
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``eligible amount'' in respect of an individual
means an amount received at a particular
time by the individual as a benefit out of or
under a registered retirement savings plan
where
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(a) the amount is received after
February 25, 1992 and before March 2,
1994 pursuant to the written request of
the individual in prescribed form in
which the individual sets out the location
of a qualifying home that the individual
has begun, or intends not later than one
year after its acquisition by the individual
to begin, using as a principal place of
residence,
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(b) the individual is resident in Canada at
the particular time and entered into an
agreement in writing before the
particular time for the acquisition of the
qualifying home or with respect to its
construction,
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(c) the individual acquires the qualifying
home (or replacement property for the
qualifying home) after February 25, 1992
and before the completion date in respect
of the amount,
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(d) neither the individual nor the
individual's spouse acquired the
qualifying home more than 30 days
before the particular time,
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(e) unless the individual acquired the
qualifying home before the particular
time, the individual is resident in Canada
throughout the period beginning
immediately after the particular time and
ending at the earliest of any time at which
the individual acquired the qualifying
home or any replacement property for the
qualifying home,
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(f) the total of the amount and all eligible
amounts received by the individual at or
before the particular time does not
exceed $20,000, and
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(g) if the particular time is after March 1,
1993, neither the individual, nor another
individual who was, at any time after
February 25, 1992 and before the
particular time, a spouse of the
individual, received an eligible amount
before March 2, 1993;
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