|
2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
|
|
|
The House of Commons of Canada
|
|
|
BILL C-25 |
|
|
An Act to amend the Income Tax Act, the
Excise Tax Act and the Budget
Implementation Act, 1999
|
|
|
|
|
|
SHORT TITLE |
|
Short title
|
1. This Act may be cited as the Income Tax
Amendments Act, 1999.
|
|
R.S., c. 1 (5th
Supp.)
|
INCOME TAX ACT |
|
|
2. (1) Subsection 20(1) of the Income Tax
Act is amended by striking out the word
``and'' at the end of paragraph (uu), by
adding the word ``and'' at the end of
paragraph (vv) and by adding the following
after paragraph (vv):
|
|
Split income
|
|
|
|
(2) Subsection (1) applies to the 2000 and
subsequent taxation years.
|
|
|
3. (1) The Act is amended by adding the
following after section 49:
|
|
No disposition
where
obligation
satisfied
|
49.1 For greater certainty, where a taxpayer
acquires a particular property in satisfaction
of an absolute or contingent obligation of a
person or partnership to provide the particular
property pursuant to a contract or other
arrangement one of the main objectives of
which was to establish a right, whether
absolute or contingent, to the particular
property and that right was not under the terms
of a trust, partnership agreement, share or debt
obligation, the satisfaction of the obligation is
not a disposition of that right.
|
|
|
(2) Subsection (1) applies to obligations
satisfied after December 15, 1998.
|
|
|
4. (1) Subsection 53(1) of the Act is
amended by adding the following after
paragraph (d):
|
|
|
|
|
|
(2) Subsection (1) applies after December
15, 1998.
|
|
|
5. (1) Paragraph (k) of the definition
``proceeds of disposition'' in section 54 of
the Act is replaced by the following:
|
|
|
|
|
|
(2) Subsection (1) applies to taxation
years that end after December 15, 1998.
|
|
|
6. (1) Section 56 of the Act is amended by
adding the following after subsection (4.3):
|
|
Exception for
split income
|
(5) Subsections (2), (4) and (4.1) do not
apply to any amount that is included in
computing a specified individual's split
income for a taxation year.
|
|
|
(2) Subsection (1) applies to the 2000 and
subsequent taxation years.
|
|
|
7. (1) The portion of paragraph 60(l) of
the Act before subparagraph (i) is replaced
by the following:
|
|
Transfer of
refund of
premiums
under RRSP
|
|
|
|
(2) Subsection (1) applies to the 1999 and
subsequent taxation years and, where an
amount is included in computing a
taxpayer's income for a taxation year as a
result of an election under subsection 42(4)
of this Act, paragraph 60(l) of the Income
Tax Act shall apply to the taxpayer for the
year and each subsequent taxation year
that ends before 1999 as if
|
|
|
|
|
|
|
|
|
|
|
|
8. (1) The description of C in section 61.2
of the Act is replaced by the following:
|
|
|
C is the greater of $40,000 and the
individual's income for the year,
determined without reference to this
section, paragraph 20(1)(ww), section
56.2, paragraph 60(w), subsection 80(13)
and paragraph 80(15)(a).
|
|
|
(2) Subsection (1) applies to the 2000 and
subsequent taxation years.
|
|
|
9. (1) Paragraph (b) of the definition
``eligible child'' in subsection 63(3) of the
Act is replaced by the following:
|
|
|
|
|
|
(2) Subsection (1) applies to the 1999 and
subsequent taxation years except that, in its
application to the 1999 taxation year, the
reference to ``the amount used under
paragraph (c) of the description of B in
subsection 118(1) for the year'' in
paragraph (b) of the definition ``eligible
child'' in subsection 63(3) of the Act, as
enacted by subsection (1), shall be read as a
reference to ``$7,044''.
|
|
|
10. (1) Subsection 74.4(2) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (e), by adding the
word ``and'' at the end of paragraph (f) and
by adding the following after paragraph (f):
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection (1) applies to the 2000 and
subsequent taxation years.
|
|
|
11. (1) Section 74.5 of the Act is amended
by adding the following after subsection
(12):
|
|
Exception
from
attribution
rules
|
(13) Subsections 74.1(1) and (2), 74.3(1)
and 75(2) of this Act and section 74 of the
Income Tax Act, chapter 148 of the Revised
Statutes of Canada, 1952, do not apply to any
amount that is included in computing a
specified individual's split income for a
taxation year.
|
|
|
(2) Subsection (1) applies to the 2000 and
subsequent taxation years.
|
|
|
12. (1) Subsection 81(1) of the Act is
amended by adding the following after
paragraph (g.2):
|
|
Hepatitis C
trust
|
|
|
|
|
|
|
|
|
|
(2) Subsection (1) applies to the 1999 and
subsequent taxation years.
|
|
|
13. (1) Paragraph 87(2)(j.6) of the Act is
replaced by the following:
|
|
Continuing
corporation
|
|
|
|
(2) Subsection (1) applies to
amalgamations that occur, and
windings-up that begin, after December 15,
1998.
|
|
|
14. (1) Subparagraph (b)(iii) of the
definition ``paid-up capital'' in subsection
89(1) of the Act is replaced by the following:
|
|
|
|
|
|
(2) Subsection (1) applies after December
15, 1998.
|
|
|
15. (1) The portion of subsection 96(3) of
the Act before paragraph (a) is replaced by
the following:
|
|
Agreement or
election of
partnership
members
|
(3) Where a taxpayer who was a member of
a partnership during a fiscal period has, for
any purpose relevant to the computation of the
taxpayer's income from the partnership for the
fiscal period, made or executed an agreement,
designation or an election under or in respect
of the application of any of subsections 13(4),
(15) and (16) and 14(6), section 15.2,
subsections 20(9) and 21(1) to (4), section 22,
subsection 29(1), section 34, clause
37(8)(a)(ii)(B), subsections 44(1) and (6),
50(1) and 80(5), (9), (10) and (11), section
80.04 and subsections 97(2), 139.1(16) and
(17) and 249.1(4) and (6) that, but for this
subsection, would be a valid agreement,
designation or election,
|
|
|
(2) Subsection (1) applies to fiscal periods
that end after December 15, 1998.
|
|
|
16. (1) Clause (a)(ii)(B) of the definition
``preferred beneficiary'' in subsection
108(1) of the Act is replaced by the
following:
|
|
|
|
|
|
(2) The portion of subsection 108(5) of the
Act after paragraph (b) is replaced by the
following:
|
|
|
but, for greater certainty, nothing in this
subsection shall affect the application of
subsection 56(4.1), sections 74.1 to 75 and
120.4 and subsection 160(1.2) of this Act and
section 74 of the Income Tax Act, chapter 148
of the Revised Statutes of Canada, 1952.
|
|
|
(3) Subsection (1) applies to the 1998 and
subsequent taxation years, except that the
reference to ``the amount used under
paragraph (c) of the description of B in
subsection 118(1) for the year'' in clause
(a)(ii)(B) of the definition ``preferred
beneficiary'' in subsection 108(1) of the Act,
as enacted by subsection (1), shall be read as
a reference to
|
|
|
|
|
|
|
|
|
(4) Subsection (2) applies to the 2000 and
subsequent taxation years.
|
|
|
17. (1) The Act is amended by adding the
following after section 110.1:
|
|
|
Lump-sum Payments |
|
Definitions
|
110.2 (1) The definitions in this subsection
apply in this section and section 120.31.
|
|
``eligible
taxation year'' « année d'imposition admissible »
|
``eligible taxation year'', in respect of a
qualifying amount received by an
individual, means a taxation year
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``qualifying
amount'' « montant admissible »
|
``qualifying amount'' received by an
individual in a taxation year means an
amount (other than the portion of the
amount that can reasonably be considered
to be received as, on account of, in lieu of
payment of or in satisfaction of, interest)
that is included in computing the
individual's income for the year and is
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``specified
portion'' « partie déterminée »
|
``specified portion'', in relation to an eligible
taxation year, of a qualifying amount
received by an individual means the portion
of the qualifying amount that relates to the
year, to the extent that the individual's
eligibility to receive the portion existed in
the year.
|
|
Deduction for
lump-sum
payments
|
(2) There may be deducted in computing
the taxable income of an individual (other
than a trust) for a particular taxation year the
total of all amounts each of which is a
specified portion of a qualifying amount
received by the individual in the particular
year, if that total is $3,000 or more.
|
|
|
(2) Subsection (1) applies to amounts
received by an individual after 1994 (other
than an amount in respect of which tax has
been remitted to the individual under
subsection 23(2) of the Financial
Administration Act) and, notwithstanding
subsections 152(4) to (5) of the Income Tax
Act, any assessment of the individual's tax
payable under that Act for any taxation
year that ended before 1999 shall be made
as is necessary to take into account the
application of subsection (1).
|
|
|
18. (1) Section 110.4 of the Act is repealed.
|
|
|
(2) Subsection (1) applies to the 1998 and
subsequent taxation years.
|
|
|
19. (1) The formula set out in the
definition ``farm loss'' in subsection 111(8)
of the Act is replaced by the following:
|
|