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(h) a disposition to which subsection
40(3.4) or 69(5) applies,
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and, for the purpose of this definition, a
right to acquire a property (other than a
right, as security only, derived from a
mortgage, agreement for sale or similar
obligation) is deemed to be a property that
is identical to the property.
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(2) Subject to section 156, subsection (1)
applies to dispositions of property that
occur after April 26, 1995.
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26. (1) Paragraphs (a) and (b) of the
definition ``permitted redemption'' in sub
section 55(1) of the Act are replaced by the
following:
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(a) a redemption or purchase for can
cellation by the distributing corporation,
as part of the reorganization in which the
distribution was made, of all the shares of
its capital stock that were owned, im
mediately before the distribution , by a
transferee corporation in relation to the
distributing corporation,
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(b) a redemption or purchase for can
cellation by a transferee corporation in
relation to the distributing corporation, or
by a corporation that, immediately after
the redemption or purchase, was a sub
sidiary wholly-owned corporation of the
transferee corporation , as part of the
reorganization in which the distribution
was made, of all of the shares of the
capital stock of the transferee corpora
tion or the subsidiary wholly-owned
corporation that were acquired by the
distributing corporation in consideration
for the transfer of property received by
the transferee corporation on the distribu
tion, and
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(2) Subsection 55(1) of the Act is amended
by adding the following in alphabetical
order:
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``safe-
income
determination
time''
« moment de
détermina-
tion du revenu
protégé »
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``safe-income determination time'' for a trans
action or event or a series of transactions or
events means the time that is the earlier of
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(a) the time that is immediately after the
earliest disposition or increase in interest
described in any of subparagraphs
(3)(a)(i) to (v) that resulted from the
transaction, event or series, and
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(b) the time that is immediately before
the earliest time that a dividend is paid as
part of the transaction, event or series;
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(3) The portion of subsection 55(2) of the
Act before paragraph (a) is replaced by the
following:
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Deemed
proceeds or
capital gain
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(2) Where a corporation resident in Canada
has received a taxable dividend in respect of
which it is entitled to a deduction under
subsection 112(1) or (2) or 138(6) as part of a
transaction or event or a series of transactions
or events, one of the purposes of which (or, in
the case of a dividend under subsection 84(3),
one of the results of which) was to effect a
significant reduction in the portion of the
capital gain that, but for the dividend, would
have been realized on a disposition at fair
market value of any share of capital stock
immediately before the dividend and that
could reasonably be considered to be attribut
able to anything other than income earned or
realized by any corporation after 1971 and
before the safe-income determination time for
the transaction, event or series, notwithstand
ing any other section of this Act, the amount
of the dividend (other than the portion of it , if
any, subject to tax under Part IV that is not
refunded as a consequence of the payment of
a dividend to a corporation where the payment
is part of the series)
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(4) The portion of subsection 55(3) of the
Act before paragraph (b) is replaced by the
following:
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Application
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(3) Subsection (2) does not apply to any
dividend received by a corporation (in this
subsection and subsection (3.01) referred to as
the ``dividend recipient'')
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(a) if, as part of a transaction or event or a
series of transactions or events as a part of
which the dividend was received, there was
not at any particular time
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(i) a disposition of property, other than
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(A) money disposed of on the payment
of a dividend or on a reduction of the
paid-up capital of a share, and
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(B) property disposed of for proceeds
that are not less than its fair market
value,
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to a person or partnership who was an
unrelated person immediately before the
particular time,
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(ii) a significant increase (other than as a
consequence of a disposition of shares of
the capital stock of a corporation for
proceeds of disposition that are not less
than their fair market value) in the total
direct interest in any corporation of one
or more persons or partnerships who
were unrelated persons immediately be
fore the particular time,
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(iii) a disposition, to a person or partner
ship who was an unrelated person im
mediately before the particular time, of
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(A) shares of the capital stock of the
corporation that paid the dividend
(referred to in this paragraph and
subsection (3.01) as the ``dividend
payer''), or
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(B) property more than 10% of the fair
market value of which was, at any time
during the course of the series, derived
from shares of the capital stock of the
dividend payer,
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(iv) after the time the dividend was
received, a disposition, to a person or
partnership who was an unrelated person
immediately before the particular time,
of
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(A) shares of the capital stock of the
dividend recipient, or
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(B) property more than 10% of the fair
market value of which was, at any time
during the course of the series, derived
from shares of the capital stock of the
dividend recipient, and
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(v) a significant increase in the total of all
direct interests in the dividend payer of
one or more persons or partnerships who
were unrelated persons immediately be
fore the particular time; or
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(5) Section 55 of the Act is amended by
adding the following after subsection (3):
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Interpreta-
tion - for
par. (3)(a)
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(3.01) For the purposes of paragraph (3)(a),
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(a) an unrelated person means a person
(other than the dividend recipient) to whom
the dividend recipient is not related or a
partnership any member of which (other
than the dividend recipient) is not related to
the dividend recipient;
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(b) a corporation that is formed by an
amalgamation of 2 or more other corpora
tions is deemed to be the same corporation
as, and a continuation of, each of the other
corporations;
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(c) where there has been a winding-up of a
corporation to which subsection 88(1) ap
plies, the parent is deemed to be the same
corporation as, and a continuation of, the
subsidiary;
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(d) proceeds of disposition shall be deter
mined without reference to ``paragraph
55(2)(a) or'' in paragraph (j) of the defini
tion ``proceeds of disposition'' in section
54; and
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(e) notwithstanding any other provision of
this Act, where a non-resident person
disposes of a property in a taxation year and
the gain or loss from the disposition is not
included in computing the person's taxable
income earned in Canada for the year, the
person is deemed to have disposed of the
property for proceeds of disposition that are
less than its fair market value unless, under
the income tax laws of the country in which
the person is resident, the gain or loss is
computed as if the property were disposed
of for proceeds of disposition that are not
less than its fair market value and the gain
or loss so computed is recognized for
taxation in that country.
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(6) Clauses 55(3.1)(c)(ii)(B) and (C) of the
Act are replaced by the following:
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(B) more than 10% of the fair market
value of which was, at any time after
the distribution and before the end of
the series, attributable to property
(other than money and indebtedness
that is not convertible into other prop
erty) described in clause (A) or (C) , or
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(C) to which, at any time during the
course of the series, the fair market
value of property described in clause
(A) was wholly or partly attributable
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(7) Clauses 55(3.1)(d)(ii)(B) and (C) of the
Act are replaced by the following:
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(B) more than 10% of the fair market
value of which was, at any time after
the distribution and before the end of
the series , attributable to property
(other than money and indebtedness
that is not convertible into other prop
erty) described in clause (A) or (C) , or
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(C) to which, at any time during the
course of the series, the fair market
value of property described in clause
(A) was wholly or partly attributable
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(8) Subsection 55(3.2) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (f), by adding the
word ``and'' at the end of paragraph (g) and
by adding the following after paragraph
(g):
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(h) each corporation that is a shareholder
and specified shareholder of a distributing
corporation at any time during the course of
a series of transactions or events, a part of
which includes a distribution made by the
distributing corporation, is deemed to be a
transferee corporation in relation to the
distributing corporation.
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(9) Paragraph 55(5)(a) of the Act is
replaced by the following:
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(a) where a dividend referred to in subsec
tion (2) was received by a corporation as
part of a transaction or event or a series of
transactions or events, the portion of a
capital gain attributable to any income
expected to be earned or realized by a
corporation after the safe-income deter
mination time for the transaction, event or
series is deemed to be a portion of a capital
gain attributable to anything other than
income;
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(10) Paragraph 55(5)(c) of the Act is
replaced by the following:
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(c) the income earned or realized by a
corporation for a period throughout which
it was a private corporation is deemed to be
its income for the period otherwise deter
mined on the assumption that no amounts
were deductible by the corporation under
section 37.1 of this Act, as that section
applies for taxation years ending before
1995, or paragraph 20(1)(gg) of the Income
Tax Act, chapter 148 of the Revised Statutes
of Canada, 1952;
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(11) Subsection (1) applies to dividends
received after February 21, 1994.
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(12) Subsections (2), (3) and (9) apply to
dividends received after June 20, 1996.
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(13) Subsections (4) and (5) apply to
dividends received by a corporation after
February 21, 1994, except that
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(a) in respect of such dividends received
before June 20, 1996, or received under
an arrangement substantially advanced,
as evidenced in writing, before June 20,
1996, subparagraphs 55(3)(a)(ii) and (v)
of the Act, as enacted by subsection (4),
shall, where paragraph (b) does not
apply, be read as follows:
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(ii) a significant increase (other than as a
consequence of a disposition of shares of
the capital stock of a corporation for
proceeds of disposition that are not less
than their fair market value) in the
interest in any corporation of one or more
persons or partnerships who were unre
lated persons immediately before the
particular time,
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(v) a significant increase in the interest in
the dividend payer of one or more
persons or partnerships who were unre
lated persons immediately before the
particular time; or
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(b) in respect of such dividends, where
they are received on shares issued before
June 20, 1996, and the corporation so
elects in writing before the end of the
fourth month after the month in which
this Act is assented to or in its return of
income under Part I of the Act for the
year in which it received the dividends,
the Act shall be read without reference to
subsection 55(3.01), as enacted by subsec
tion (5), and paragraph 55(3)(a) of the
Act, as enacted by subsection (4), shall be
read as follows:
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(a) unless the dividend was received as part
of a transaction or event or a series of
transactions or events that resulted in
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(i) a disposition of any property to a
person with whom the dividend recipient
was dealing at arm's length, or
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(ii) a significant increase in the interest in
any corporation of any person with whom
the dividend recipient was dealing at
arm's length; or
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(14) Where a corporation elects under
paragraph (13)(b) in respect of dividends,
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(a) subsection 55(4) of the Act shall, in
respect of those dividends, be read as
follows:
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(4) Where it can reasonably be considered
that the principal purpose of one or more
transactions or events was to cause 2 or more
persons to be related or to not deal with each
other at arm's length, or to cause one corpora
tion to control another corporation, so as to
make subsection (2) inapplicable, for the
purposes of this section, those persons are
deemed not to be related or are deemed to deal
with each other at arm's length, or the
corporation is deemed not to control the other
corporation, as the case may be.
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(b) paragraph 55(5)(e) of the Act shall, in
respect of those dividends, be read as
follows:
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(e) in determining whether 2 or more
persons deal with each other at arm's
length,
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(i) a person is deemed to deal with
another person at arm's length and not to
be related to the other person if the person
is the brother or sister of the other person,
and
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(ii) persons who are otherwise related to
each other solely because of a right
referred to in paragraph 251(5)(b) are
deemed not to be related to each other;
and
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(15) Subsections (6) and (7) apply to
dividends received after April 26, 1995,
except that, with respect to acquisitions of
property that occur before June 20, 1996 or
pursuant to a written agreement made
before June 20, 1996,
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(a) clause 55(3.1)(c)(ii)(B) of the Act, as
enacted by subsection (6), shall be read as
follows:
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(B) more than 10% of the fair market
value of which was, at any time after
the distribution and before the end of
the series, attributable to property
(other than money and indebtedness
that is not convertible into other prop
erty) described in clause (A), or
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(b) clause 55(3.1)(d)(ii)(B) of the Act, as
enacted by subsection (7), shall be read as
follows:
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(B) more than 10% of the fair market
value of which was, at any time after
the distribution and before the end of
the series, attributable to property
(other than money and indebtedness
that is not convertible into other prop
erty) described in clause (A), or
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(16) Subsection (8) applies to dividends
received after June 20, 1996 other than
dividends received in the course of a reorga
nization that is carried out pursuant to a
series of transactions or events substantial
ly advanced, as evidenced in writing, before
June 21, 1996 or that was required on June
20, 1996 to be carried out pursuant to a
written agreement made before June 21,
1996, and for the purpose of this subsection,
a reorganization is deemed not to be re
quired to be carried out where the parties to
that agreement can be relieved of that
requirement if there is a change to the Act.
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(17) Subsection (10) applies to the 1995
and subsequent taxation years.
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(18) Subsection (14) applies to dividends
received after February 21, 1994.
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27. (1) Subparagraph 56(1)(a)(iv) of the
Act is replaced by the following:
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(iv) a benefit under the Unemployment
Insurance Act or the Employment Insur
ance Act, other than a payment relating to
the cost of a course or program designed
to facilitate the re-entry into the labour
force of a claimant under that Act,
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(2) Subparagraph 56(1)(l)(ii) of the Act is
replaced by the following:
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(ii) reimbursement of costs incurred in
relation to a decision of the Canada
Employment and Immigration Commis
sion , the Canada Employment and Insur
ance Commission, a board of referees or
an umpire under the Unemployment In
surance Act or the Employment Insur
ance Act, or
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(3) Subsection 56(1) of the Act is amended
by adding the following after paragraph
(q):
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Earnings
supplement
|
(r) amounts received by the taxpayer in the
year as social assistance under a project,
sponsored by the Government of Canada,
under which the only benefits paid are
intended to supplement individuals' in
come from employment;
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(4) The portion of paragraph 56(1)(u) of
the Act after subparagraph (ii) is replaced
by the following:
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except to the extent that the payment is
otherwise required to be included in com
puting the income for a taxation year of the
taxpayer or the taxpayer's spouse;
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(5) Subsections (1) and (2) are deemed to
have come into force on June 30, 1996.
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(6) Subsections (3) and (4) apply to the
1993 and subsequent taxation years.
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27.1 (1) Paragraph 60(n) of the Act is
amended by adding the word ``or'' at the
end of subparagraph (ii.1) and by replacing
the portion after that subparagraph with
the following:
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(iii) any benefit under the Unemployment
Insurance Act or the Employment Insur
ance Act,
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