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(2) The portion of the definition
``excluded withdrawal'' in subsection
146.01(1) of the Act after paragraph (a) is
replaced by the following:
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(b) an amount (other than an eligible
amount) that would, if the definition
``eligible amount'' were read without
reference to paragraphs (c) and (e)
thereof, be an eligible amount received
by the individual out of or under a
registered retirement savings plan in
respect of which a person is the issuer,
where either
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(A) died before the end of the
calendar year that includes the
completion date in respect of the
amount, and
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(B) was resident in Canada
throughout the period beginning
immediately after the amount was
received and ending at the time of
the death, or
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(ii) the amount is repaid before the end
of the calendar year described in
clause (i)(A) to a registered retirement
savings plan in respect of which the
person is the issuer (or, where the
individual was not resident in Canada
at the time the individual filed a return
of income under this Part for the
taxation year in which the amount was
received by the individual, before the
earlier of the end of the calendar year
described in clause (i)(A) and the time
at which the individual filed that
return) and the issuer is notified of the
repayment in prescribed form
submitted to the issuer at the time the
repayment is made,
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except that where an amount would, but for
subclause (2)(c)(ii)(A)(II), be an eligible
amount, subparagraph (b)(ii) applies in
respect of the amount as if the first reference
therein to ``described in clause (i)(A)'' were
read as ``following the calendar year
described in clause (i)(A)'';
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(3) Subsection 146.01(1) of the Act is
amended by adding the following in
alphabetical order:
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``completion
date''
« date de
clôture »
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``completion date'', in respect of an amount
received by an individual, is
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(a) where the amount was received
before March 2, 1993, October 1, 1993,
and
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(b) in any other case, October 1, 1994;
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(4) Subsection 146.01(2) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (b) and by replacing
paragraph (c) with the following:
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(i) neither a qualifying home in respect of
which an individual withdrew an amount
described in paragraph (a) of the
definition ``eligible amount'' in
subsection (1) nor a replacement
property for the qualifying home has
been acquired by the individual before
the completion date in respect of the
amount, and
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(I) is obliged under the terms of a
written agreement in effect on that
completion date to acquire the
qualifying home (or a replacement
property for the qualifying home) on
or after that date,
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(II) acquires the qualifying home or
a replacement property for the
qualifying home before the day that
is one year after that completion
date, and
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(III) is resident in Canada
throughout the period beginning on
that completion date and ending on
the earlier of October 1 in the first
calendar year beginning after that
date and the earliest of any day on
which the individual acquires the
qualifying home or a replacement
property for the qualifying home, or
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(B) the individual made payments
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(I) to persons with whom the
individual was dealing at arm's
length,
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(II) in respect of the construction of
the qualifying home or a
replacement property for the
qualifying home, and
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(III) in the period beginning at the
time the individual first withdrew an
amount described in paragraph (a)
of that definition in respect of the
qualifying home and ending before
that completion date,
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and the total of all payments so made
was not less than the total of all
amounts described in that paragraph in
respect of the qualifying home that
were withdrawn by the individual,
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except for the purpose of this paragraph, the
individual shall be deemed to have acquired
the qualifying home before that completion
date;
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(i) an individual or a spouse of the
individual receives an eligible amount
before March 2, 1993,
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(ii) at a particular time after March 1,
1993 and before April 1993 the
individual receives another amount that
would, if the reference to ``March 1,
1993'' in paragraph (g) of the definition
``eligible amount'' in subsection (1) were
read as ``March 1993'', be an eligible
amount, and
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(iii) the request described in paragraph
(a) of the definition ``eligible amount'' in
subsection (1) pursuant to which the
other amount was received was made
before March 2, 1993,
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except for the purposes of paragraphs (a)
to (f) of the definition ``eligible amount'' in
subsection (1) and the purposes of this
paragraph, the other amount shall be
deemed to have been received by the
individual on March 1, 1993 and not at the
particular time and any premium paid by
the individual or the individual's spouse
after March 1, 1993 and before the
particular time under a registered
retirement savings plan shall be deemed to
have been paid on March 1, 1993; and
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(i) at a particular time after March 1,
1994 and before April 1994, an
individual receives an amount that
would, if the reference to ``March 2,
1994'' in paragraph (a) of the definition
``eligible amount'' in subsection (1) were
read as ``April 1994'', be an eligible
amount, and
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(ii) the request described in paragraph (a)
of the definition ``eligible amount'' in
subsection (1) pursuant to which the
amount was received was made before
March 2, 1994,
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except for the purposes of paragraphs (b)
to (g) of the definition ``eligible amount''
in subsection (1) and the purposes of this
paragraph, that amount shall be deemed to
have been received by the individual on
March 1, 1994 and not at the particular time
and any premium paid by the individual or
the individual's spouse after March 1, 1994
and before the particular time under a
registered retirement savings plan shall be
deemed to have been paid on March 1,
1994.
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(5) Subsection 146.01(4) of the Act is
replaced by the following:
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Where portion
of eligible
amount not
repaid
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(4) There shall be included in computing
the income of an individual for a particular
taxation year ending after 1994 the amount
determined by the formula
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A - B - C ) - E (15 - D)
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where
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A is
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(a) where the individual died or ceased to
be resident in Canada in the particular
year, nil, and
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(b) in any other case, the total of all
eligible amounts received by the
individual in preceding taxation years;
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B is
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(a) where the particular year is the 1995
taxation year, nil, and
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(b) in any other case, the total of all
amounts designated by the individual
under subsection (3) for preceding
taxation years;
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C is the total of all amounts each of which is
an amount included under this subsection
or subsection (5) in computing the income
of the individual for a preceding taxation
year,
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D is the lesser of 14 and the number of
taxation years of the individual ending in
the period beginning on January 1, 1995
and ending at the beginning of the
particular year, and
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E is
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(a) where the particular year is the 1995
taxation year, the total of all amounts
each of which is an amount designated by
the individual under subsection (3) for
the particular year or any of the 3
preceding taxation years, and
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(b) in any other case, the total of all
amounts designated by the individual
under subsection (3) for the particular
year.
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(6) Paragraph 146.01(7)(b) of the Act is
replaced by the following:
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(b) except for the purposes of
subsections (9) and (10), the spouse shall
be deemed to have received an eligible
amount at the time of the individual's death
equal to the amount that would, but for this
subsection, be determined under subsection
(6) in respect of the individual.
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(7) Subsections 146.01(9) to (11) of the
Act are replaced by the following:
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Income
inclusion for
1992
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(9) There shall be included in computing
the income for the 1992 taxation year of an
individual who was resident in Canada at the
end of that year an amount equal to the lesser
of
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(a) the net premium balance for the year of
the individual, and
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(i) all eligible amounts received by the
individual before March 2, 1993, and
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(A) the total of all premiums (other
than excluded premiums in respect of
the individual) paid by the individual
after February 25, 1992 and before
March 2, 1993 under registered
retirement savings plans under which
the individual's spouse is the
annuitant, and
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(B) the amount, if any, by which
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(I) the total of all eligible amounts
received before March 2, 1993 by
the individual's spouse
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(II) the net premium balance for the
year of the individual's spouse.
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Income
inclusion for
1993
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(10) There shall be included in computing
the income for the 1993 taxation year of an
individual who was resident in Canada at the
end of that year an amount equal to the lesser
of
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(a) the net premium balance for the year of
the individual, and
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(i) all eligible amounts received after
March 1, 1993 and before March 2, 1994
by the individual, and
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(A) the total of all premiums (other
than excluded premiums in respect of
the individual) paid by the individual
after December 2, 1992 and before
March 2, 1994 under registered
retirement savings plans under which
the individual's spouse is the
annuitant, and
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(B) the amount, if any, by which
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(I) the total of all eligible amounts
received after March 1, 1993 and
before March 2, 1994 by the
individual's spouse
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(II) the net premium balance for the
year of the individual's spouse.
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Net premium
balance for
1992
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(11) For the purpose of subsection (9), the
net premium balance for the 1992 taxation
year of an individual is the amount, if any, by
which
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(a) the total of all premiums (other than
excluded premiums in respect of the
individual) paid by the individual after
February 25, 1992 and before March 2,
1993 under registered retirement savings
plans under which the individual or the
individual's spouse is the annuitant
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exceeds
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(b) the total of all amounts each of which is
an amount received by the individual or the
individual's spouse after February 25, 1992
and before 1994 and included under
subsection 146(8) or (8.3) in computing the
individual's income for the 1992 or 1993
taxation year (other than an amount in
respect of which an amount is deductible
under paragraph 146(8.6)(b) in computing
the income of the individual or in respect of
premiums paid by the individual after
March 1, 1993).
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Net premium
balance for
1993
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(12) For the purpose of subsection (10), the
net premium balance for the 1993 taxation
year of an individual is the amount, if any, by
which
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(a) the total of all premiums (other than
excluded premiums in respect of the
individual) paid by the individual after
December 2, 1992 and before March 2,
1994 under registered retirement savings
plans under which the individual or the
individual's spouse is the annuitant
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exceeds
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(b) the total of all amounts each of which is
an amount received by the individual or the
individual's spouse after December 2, 1992
and before 1995 and included under
subsection 146(8) or (8.3) in computing the
individual's income for the 1992, 1993 or
1994 taxation year (other than an amount in
respect of which an amount is deductible
under paragraph 146(8.6)(b) in computing
the income of the individual or in respect of
premiums paid by the individual after
March 1, 1994).
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Assessments
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(13) Notwithstanding subsections 152(4)
to (5), such assessments of tax, interest and
penalties shall be made as are necessary to
give effect to subsections (9) and (10).
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(8) Subsections (1) to (7) apply to the 1992
and subsequent taxation years.
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20. (1) Subsection 152(1.2) of the Act is
replaced by the following:
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Provisions
applicable
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(1.2) Paragraphs 56(1)(l) and 60(o), this
Division and Division J, as they relate to an
assessment or a reassessment and to assessing
or reassessing tax, apply, with such
modifications as the circumstances require, to
a determination or redetermination of an
amount under this Division or an amount
deemed under section 122.61 or 126.1 to be an
overpayment on account of a taxpayer's
liability under this Part, except that
subsections (1) and (2) do not apply to
determinations made under subsections (1.1)
and (1.11) and, for greater certainty, an
original determination of a taxpayer's
non-capital loss, net capital loss, restricted
farm loss, farm loss or limited partnership loss
for a taxation year may be made by the
Minister only at the request of the taxpayer.
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(2) Section 152 of the Act is amended by
adding the following after subsection (3.3):
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Determination
of UI
premium tax
credit
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(3.4) A taxpayer may request in writing that
the Minister determine the amount deemed by
subsection 126.1(6) or (7) to be an
overpayment on account of the taxpayer's
liability under this Part for a taxation year.
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Notice of
determination
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(3.5) On receipt of the request referred to in
subsection (3.4), the Minister shall, with all
due dispatch, determine the amount deemed
by subsection 126.1(6) or (7), as the case may
be, to be an overpayment on account of the
taxpayer's liability under this Part for a
taxation year, or determine that there is no
such amount, and shall send a notice of the
determination to the taxpayer.
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(3) Paragraph 152(4.2)(d) of the Act is
replaced by the following:
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(d) redetermine the amount, if any, deemed
by subsection 120(2), 120.1(4), 122.5(3),
127.1(1), 144(9) or 210.2(3) or (4) to be
paid on account of the taxpayer's tax under
this Part for the year or deemed by
subsection 119(2), 122.61(1) or 126.1(6) or
(7) to be an overpayment on account of the
taxpayer's liability under this Part for the
year.
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(4) Subsections (1) to (3) apply after 1992,
except that in its application to
redeterminations made in respect of the
1991 and 1992 taxation years, paragraph
152(4.2)(d) of the Act, as enacted by
subsection (3), shall be read as follows:
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(d) redetermine the amount, if any, deemed
by subsection 120(2), 120.1(4), 122.2(1),
122.5(3), 127.1(1), 144(9) or 210.2(3) or (4)
to be paid on account of the taxpayer's tax
under this Part for the year or deemed by
subsection 119(2) or 122.61(1) to be an
overpayment on account of the taxpayer's
liability under this Part for the year.
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