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Return
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(5) Every individual liable to pay tax under
this Part for a taxation year shall
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Provisions
applicable to
this Part
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(6) Subsection 150(3), sections 150.1, 151
and 152, subsections 153(1.1), (1.2) and (3),
sections 155 to 156.1 and 158 to 167 and
Division J of Part I apply to this Part with any
modifications that the circumstances require.
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(2) Subsection 180.2(1) of the Act, as
enacted by subsection (1), applies after
June 1996.
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(3) Subsections 180.2(2), (5) and (6) of the
Act, as enacted by subsection (1), apply to
the 1996 and subsequent taxation years.
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(4) Subsections 180.2(3) and (4) of the
Act, as enacted by subsection (1), apply to
amounts paid after June 1996.
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47. (1) The portion of subsection 181.1(1)
of the Act before paragraph (a) is replaced
by the following:
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Tax payable
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181.1 (1) Every corporation shall pay a tax
under this Part for each taxation year equal to
0.225% of the amount, if any, by which
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(2) Subsection (1) applies to taxation
years that end after February 27, 1995,
except that, in its application to taxation
years that began before February 28, 1995,
there shall be deducted from the tax
otherwise payable under subsection
181.1(1) of the Act, as amended by
subsection (1), an amount equal to that
proportion of 1/9 of the tax otherwise
payable under that subsection of the Act
that the number of days in the year that
were before February 28, 1995 is of the
number of days in the year.
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(3) For the purpose of applying
subsection 125(5.1) of the Act, the amount
that would, but for subsections 181.1(2) and
(4) of the Act, be a corporation's tax payable
under Part I.3 of the Act for a taxation year
that began before February 28, 1995 shall
be determined without reference to the
amendment made by subsection (1).
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48. (1) Subsections 186(1) and (1.1) of the
Act are replaced by the following:
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Tax on
assessable
dividends
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186. (1) Every corporation (in this section
referred to as the ``particular corporation'')
that is at any time in a taxation year a private
corporation or a subject corporation shall, on
or before the last day of the third month after
the end of the year, pay a tax under this Part for
the year equal to the amount, if any, by which
the total of
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exceeds 1/3 of the total of
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Reduction
where Part
IV.1 tax
payable
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(1.1) Notwithstanding subsection (1),
where an assessable dividend was received by
a corporation in a taxation year and was
included in an amount in respect of which tax
under Part IV.1 was payable by the
corporation for the year, the tax otherwise
payable under this Part by the corporation for
the year shall be reduced
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(2) Section 186 of the Act is amended by
adding the following after subsection (2):
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Definitions
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(3) The definitions in this subsection apply
in this Part.
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``assessable
dividend'' « dividende déterminé »
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``assessable dividend'' means an amount
received by a corporation at a time when it
is a private corporation or a subject
corporation as, on account of, in lieu of
payment of or in satisfaction of, a taxable
dividend from a corporation, to the extent of
the amount in respect of the dividend that is
deductible under section 112, paragraph
113(1)(a), (b) or (d) or subsection 113(2) in
computing the recipient corporation's
taxable income for the year.
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``subject
corporation'' « société assujettie »
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``subject corporation'' means a corporation
(other than a private corporation) resident
in Canada and controlled, whether because
of a beneficial interest in one or more trusts
or otherwise, by or for the benefit of an
individual (other than a trust) or a related
group of individuals (other than trusts).
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(3) Subsection 186(5) of the Act is
replaced by the following:
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Deemed
private
corporation
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(5) A corporation that is at any time in a
taxation year a subject corporation shall, for
the purposes of paragraph 87(2)(aa) and
section 129, be deemed to be a private
corporation at that time, except that its
refundable dividend tax on hand (within the
meaning assigned by subsection 129(3)) at the
end of the year shall be determined without
reference to paragraph 129(3)(a).
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(4) Subsections (1) to (3) apply to taxation
years that end after June 1995 except that,
in applying subsection (1) to any such
taxation year that begins before July 1995,
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49. (1) Section 190.1 of the Act is amended
by adding the following after subsection
(1.1):
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Additional tax
payable by
deposit- taking institutions
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(1.2) Every corporation (other than a life
insurance corporation) that is a financial
institution at any time in a taxation year shall
pay a tax under this Part for the year, in
addition to any tax payable under subsection
(1), equal to the amount determined by the
formula
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0.0015 x (A - B) x C 365
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where
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A is the corporation's taxable capital
employed in Canada for the year;
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B is its enhanced capital deduction for the
year; and
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C is the number of days in the year that are
after February 27, 1995 and before
November 1996.
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(2) Paragraph 190.1(3)(c) of the Act is
replaced by the following:
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(3) Subsections (1) and (2) apply to
taxation years that end after February 27,
1995.
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(4) No interest is payable under
subsection 161(2) of the Act in respect of
any amount that became payable before
July 1995 because of subsection 190.1(1.2)
of the Act, as enacted by subsection (1).
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50. (1) The Act is amended by adding the
following after section 190.16:
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Enhanced
capital
deduction
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190.17 (1) For the purpose of subsection
190.1(1.2), the enhanced capital deduction of
a corporation for a taxation year is
$400,000,000, unless the corporation was
related to a financial institution (other than a
life insurance corporation) at the end of the
year, in which case, subject to subsection (4),
the corporation's enhanced capital deduction
for the year is nil.
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Related
financial
institution
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(2) A corporation that is a financial
institution at any time in a taxation year and
that is related to another financial institution
(other than a life insurance corporation) at the
end of the year may file with the Minister an
agreement in prescribed form on behalf of the
related group of which the corporation is a
member under which an amount that does not
exceed $400,000,000 is allocated among the
members of the group for the year.
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Minister's
powers
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(3) The Minister may request a corporation
that is a financial institution at any time in a
taxation year and that is related to any other
financial institution (other than a life
insurance corporation) at the end of the year to
file with the Minister an agreement referred to
in subsection (2) and, if the corporation does
not file such an agreement within 30 days after
receiving the request, the Minister may
allocate an amount that does not exceed
$400,000,000 among the members of the
related group of which the corporation is a
member for the year.
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Least amount
allocated
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(4) The least amount allocated for a taxation
year to a member of a related group under an
agreement described in subsection (2) or by
the Minister under subsection (3) is the
enhanced capital deduction for the taxation
year of the member, but, if no such allocation
is made, the enhanced capital deduction of the
member for the year is nil.
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Provisions
applicable to
Part
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(5) Subsections 190.15(5) and (6) apply to
this section with such modifications as the
circumstances require.
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(2) Subsection (1) applies to taxation
years that end after February 27, 1995.
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51. (1) Paragraph 204.2(1.1)(b) of the Act
is replaced by the following:
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A + B + C + D + E
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(2) The portion of subsection 204.2(1.2) of
the Act before the formula is replaced by
the following:
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Undeducted
RRSP
premiums
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(1.2) For the purposes of subsection (1.1)
and the description of K in paragraph (1.3)(a),
the amount of undeducted RRSP premiums of
an individual at any time in a taxation year is
the amount determined by the formula
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(3) Subsection 204.2(1.3) of the Act is
replaced by the following:
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Group RRSP
amount
|
(1.3) For the purposes of this section, the
group RRSP amount in respect of an
individual at any time in a taxation year is the
lesser of
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F - (G - K)
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