Limitation re
specified
employees
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(9.1) For the purposes of clauses
(8)(a)(ii)(A) and (B), expenditures incurred
by a taxpayer in a taxation year do not include
expenses incurred in the year in respect of
salary or wages of a specified employee of the
taxpayer to the extent that those expenses
exceed the amount determined by the formula
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A x B/365
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where
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A is 5 times the Year's Maximum Pensionable
Earnings (as determined under section 18 of
the Canada Pension Plan) for the calendar
year in which the taxation year ends; and
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B is the number of days in the taxation year on
which the employee is a specified employee
of the taxpayer.
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Associated
corporations
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(9.2) Where
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for the purposes of clauses (8)(a)(ii)(A) and
(B), the expenditures incurred by the
corporation in its taxation year or years that
end in the calendar year and by each
associated corporation in its taxation year or
years that end in the calendar year do not
include expenses incurred in those taxation
years in respect of salary or wages of the
specified employee unless the corporation and
all of the associated corporations have filed
with the Minister an agreement referred to in
subsection (9.3) in respect of those years.
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Agreement
among
associated
corporations
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(9.3) Where all of the members of a group
of associated corporations of which an
individual is a specified employee file, in
respect of their taxation years that end in a
particular calendar year, an agreement with
the Minister in which they allocate an amount
in respect of the individual to one or more of
them for those years and the amount so
allocated or the total of the amounts so
allocated, as the case may be, does not exceed
the amount determined by the formula
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A x B/365
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where
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A is 5 times the Year's Maximum Pensionable
Earnings (as determined under section 18 of
the Canada Pension Plan) for the particular
calendar year, and
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B is the lesser of 365 and the number of days
in those taxation years on which the
individual was a specified employee of one
or more of the corporations,
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the maximum amount that may be claimed in
respect of salary or wages of the individual for
the purposes of clauses (8)(a)(ii)(A) and (B)
by each of the corporations for each of those
years is the amount so allocated to it for each
of those years.
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Filing
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(9.4) An agreement referred to in
subsection (9.3) is deemed not to have been
filed by a taxpayer unless
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Deemed
corporation
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(9.5) For the purposes of subsections (9.2)
and (9.3) and this subsection, each
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is deemed to be a corporation associated with
the particular corporation.
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(2) Subsection (1) applies to taxation
years that begin after March 5, 1996.
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7. (1) Clause 53(1)(e)(i)(B) of the Act is
replaced by the following:
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(2) Clause 53(2)(c)(i)(B) of the Act is
replaced by the following:
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(3) Subsections (1) and (2) apply for the
purpose of computing the adjusted cost
base of property after 1996.
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8. (1) Paragraphs 56(1)(b) and (c) of the
Act are replaced by the following:
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Support
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A - (B + C)
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(2) Paragraph 56(1)(d.2) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (i), by adding the
word ``or'' at the end of subparagraph (ii)
and by adding the following after
subparagraph (ii):
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(3) Subsection 56(12) of the Act is
repealed.
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(4) Subsections (1) and (3) apply to
amounts received after 1996.
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(5) Subsection (2) applies to the 1996 and
subsequent taxation years.
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9. (1) Subsection 56.1(1) of the Act is
replaced by the following:
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Support
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56.1 (1) For the purposes of paragraph
56(1)(b) and subsection 118(5), where an
order or agreement, or any variation thereof,
provides for the payment of an amount to a
taxpayer or for the benefit of the taxpayer,
children in the taxpayer's custody or both the
taxpayer and those children, the amount or
any part thereof
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(2) The portion of subsection 56.1(2) of
the Act before the formula is replaced by
the following:
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Agreement
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(2) For the purposes of section 56, this
section and subsection 118(5), the amount
determined by the formula
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(3) The description of A in subsection
56.1(2) of the Act is replaced by the
following:
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A is the total of all amounts each of which is
an amount (other than an amount that is
otherwise a support amount) that became
payable by a person in a taxation year, under
an order of a competent tribunal or under a
written agreement, in respect of an expense
(other than an expenditure in respect of a
self-contained domestic establishment in
which the person resides or an expenditure
for the acquisition of tangible property that
is not an expenditure on account of a
medical or education expense or in respect
of the acquisition, improvement or
maintenance of a self-contained domestic
establishment in which the taxpayer
described in paragraph (a) or (b) resides)
incurred in the year or the preceding
taxation year for the maintenance of a
taxpayer, children in the taxpayer's custody
or both the taxpayer and those children,
where the taxpayer is
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(4) The portion of subsection 56.1(2) of
the Act after the description of B is replaced
by the following:
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is, where the order or written agreement, as the
case may be, provides that this subsection and
subsection 60.1(2) shall apply to any amount
paid or payable thereunder, deemed to be an
amount payable to and receivable by the
taxpayer as an allowance on a periodic basis,
and the taxpayer is deemed to have discretion
as to the use of that amount.
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(5) Subsection 56.1(3) of the Act is
replaced by the following:
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Prior
payments
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(3) For the purposes of this section and
section 56, where a written agreement or order
of a competent tribunal made at any time in a
taxation year provides that an amount
received before that time and in the year or the
preceding taxation year is to be considered to
have been paid and received thereunder,
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(6) Section 56.1 of the Act is amended by
adding the following after subsection (3):
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Definitions
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(4) The definitions in this subsection apply
in this section and section 56.
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``child
support
amount'' « pension alimentaire pour enfants »
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``child support amount'' means any support
amount that is not identified in the
agreement or order under which it is
receivable as being solely for the support of
a recipient who is a spouse or former spouse
of the payer or who is a parent of a child of
whom the payer is a natural parent.
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``commence- ment day'' « date exécution »
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``commencement day'' at any time of an
agreement or order means
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``support
amount'' « pension alimentai- re »
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``support amount'' means an amount payable
or receivable as an allowance on a periodic
basis for the maintenance of the recipient,
children of the recipient or both the
recipient and children of the recipient, if the
recipient has discretion as to the use of the
amount, and
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(7) Subsections (1) to (5) apply to amounts
received after 1996.
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(8) Subsection (6) applies after 1996,
except that a support amount, as defined in
subsection 56.1(4) of the Act, as enacted by
subsection (6), does not include an amount
that if paid and received would, but for this
Act, not be included in computing the
income of the recipient of the amount.
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10. (1) Paragraphs 60(b) and (c) of the Act
are replaced by the following:
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Support
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A - (B + C)
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(2) Subsection (1) applies to amounts
received after 1996.
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11. (1) Subsection 60.1(1) of the Act is
replaced by the following:
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Support
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60.1 (1) For the purposes of paragraph 60(b)
and subsection 118(5), where an order or
agreement, or any variation thereof, provides
for the payment of an amount by a taxpayer to
a person or for the benefit of the person,
children in the person's custody or both the
person and those children, the amount or any
part thereof
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