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(3) The definition ``specified investment
business'' in subsection 125(7) of the Act is
replaced by the following:
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``specified
investment
business'' « entreprise de placement déterminée »
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``specified investment business'' carried on by
a corporation in a taxation year means a
business (other than a business carried on by
a credit union or a business of leasing prop
erty other than real property) the principal
purpose of which is to derive income (in
cluding interest, dividends, rents and royal
ties) from property but, except where the
corporation was a prescribed labour-spon
sored venture capital corporation at any
time in the year, does not include a business
carried on by the corporation in the year
where
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(4) Subsection (1) applies to taxation
years that end after June 1988, except that
there shall be added to the amount other
wise determined under subsection 125(1) of
the Act, as amended by subsection (1), in
respect of a corporation's taxation year that
began before July 1988 and ended after
June 1988, that proportion of 5% of the
least of the amounts determined under
paragraphs 125(1)(a) to (c) of the Act in
respect of the corporation for the year that
the number of days in the year that are
before July 1988 is of the number of days in
the year.
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(5) Subsection (2) applies after 1995.
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(6) Subsection (3) applies to the 1995 and
subsequent taxation years.
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72.1 (1) Paragraph (f) of the definition
``specified percentage'' in subsection 127(9)
of the Act is replaced by the following:
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(2) Subsection (1) applies to taxation
years that begin after 1995.
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73. (1) Paragraph 127.1(1)(a) of the Act is
replaced by the following:
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(2) Subsection (1) applies to taxation
years that begin after April 26, 1995.
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74. (1) The description of B in paragraph
127.41(1)(a) of the Act is replaced by the
following:
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B is the amount, if any, by which the total
of all amounts in respect of the trust that
were included (otherwise than because
of being a member of a partnership)
because of the application of subsection
107.3(1) in computing the taxpayer's
income for the particular year exceeds
the total of all amounts in respect of the
trust that were deducted (otherwise than
because of being a member of a partner
ship) because of the application of
subsection 107.3(1) in computing that
income, and
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(2) Subsection (1) applies to taxation
years that end after February 22, 1994.
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75. (1) The portion of section 127.5 of the
Act before paragraph (a) is replaced by the
following:
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Obligation to
pay minimum
tax
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127.5 Notwithstanding any other provision
of this Act but subject to section 127.55, where
the amount that, but for sections 120 and
120.1, would be determined under Division E
to be the tax payable by an individual for a
taxation year is less than the amount deter
mined under subparagraph (a)(i) in respect of
the individual, the tax payable under this Part
for the year by the individual is the amount, if
any, by which
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(2) Subsection (1) applies to the 1992 and
subsequent taxation years.
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76. (1) Paragraphs 127.52(1)(b) and (c) of
the Act are replaced by the following:
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(I) the total of all amounts each of
which is the individual's share of a
taxable capital gain for the fiscal
period from the disposition of prop
erty used by the partnership in the
business (other than property ac
quired by the partnership in a trans
action to which subsection 97(2)
applied)
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(II) the total of all amounts each of
which is the individual's share of an
allowable capital loss for the fiscal
period, and
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(I) the individual's share of incomes
for the fiscal period from properties
of the partnership, and
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(II) the amount, if any, by which
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1. the total of all amounts each of
which is the individual's share of
a taxable capital gain for the
fiscal period from the disposition
of property held by the partner
ship for the purpose of earning
income from property (other than
property acquired by the partner
ship in a transaction to which
subsection 97(2) applied)
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exceeds
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2. the total of all amounts each of
which is the individual's share of
an allowable capital loss for the
fiscal period, and
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(2) Subsection 127.52(1) of the Act is
amended by adding the following after
paragraph (e):
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(3) Subsection 127.52(1) of the Act is
amended by adding the following after
paragraph (h):
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A - B
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(4) Clause 127.52(1)(i)(i)(B) of the Act is
replaced by the following:
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(I) paragraphs (b), (c) and (e) of this
subsection, as they read in respect of
taxation years that began after 1985
and before 1995, applied in comput
ing the individual's non-capital loss,
restricted farm loss, farm loss and
limited partnership loss for any of
those years , and
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(II) paragraphs (b) to (c.3), (e) and
(e.1) of this subsection applied in
computing the individual's non-
capital loss, restricted farm loss,
farm loss and limited partnership
loss for any taxation year that begins
after 1994, and
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(5) Clause 127.52(1)(i)(ii)(B) of the Act is
replaced by the following:
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(I) paragraph (d) of this subsection
applied in computing the individu
al's net capital loss for any taxation
year that began before 1995 , and
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(II) paragraphs (c.1) and (d) of this
subsection applied in computing the
individual's net capital loss for any
taxation year that begins after 1994;
and
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(6) Subsection 127.52(2) of the Act is
replaced by the following:
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Partnerships
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(2) For the purposes of subsection (1) and
this subsection , any amount deductible under
a provision of this Act in computing the
income or loss of a partnership for a fiscal
period is, to the extent of a member's share of
the partnership's income or loss, deemed to be
deductible by the member under that provi
sion in computing the member's income for
the taxation year in which the fiscal period
ends.
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(7) Section 127.52 of the Act is amended
by adding the following after subsection (2):
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Specified
member of a
partnership
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(2.1) Where it can reasonably be considered
that one of the main reasons that a member of
a partnership was not a specified member of
the partnership at all times since becoming a
member of the partnership is to avoid the
application of this section to the member's
interest in the partnership, the member is
deemed for the purpose of this section to have
been a specified member of the partnership at
all times since becoming a member of the
partnership.
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(8) The definition ``residential property''
in subsection 127.52(3) of the Act is re
pealed.
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(9) Subsection 127.52(3) of the Act is
amended by adding the following in alpha
betical order:
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``limited
partner'' « commandita i- re »
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``limited partner'' has the meaning that would
be assigned by subsection 96(2.4) if that
subsection were read without reference to
``if the member's partnership interest is not
an exempt interest (within the meaning as
signed by subsection (2.5)) at that time
and'';
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``rental or
leasing
property « bien de location »
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``rental or leasing property'' means a property
that is a rental property or a leasing property
for the purpose of section 1100 of the In
come Tax Regulations.
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(10) Subsections (1), (2), (6), (8) and (9)
apply to taxation years of an individual that
begin after 1994.
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(11) Subsection (3) applies to the 1994 and
1995 taxation years.
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(12) Subsections (4) and (5) apply to all
taxation years, except that, in determining
an individual's adjusted taxable income for
taxation years that began before 1995,
subclause 127.52(1)(i)(ii)(B)(I) of the Act, as
enacted by subsection (5), shall be read as
follows:
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(I) paragraph (d) of this subsection
applied in computing the individu
al's net capital loss for any taxation
year that began after 1985 and
before 1995, and
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(13) Subsection (7) applies after April 26,
1995.
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