48-49 ELIZABETH II

CHAPTER 19

An Act to amend the Income Tax Act, the Excise Tax Act and the Budget Implementation Act, 1999

[Assented to 29th June, 2000]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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

    (ww) where the taxpayer is a specified individual in relation to the year, the individual's split income for the year.

(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):

    (d.01) where the property is a share of the capital stock of a corporation, any amount required by paragraph 139.1(16)(l) to be added in computing the adjusted cost base to the taxpayer of the share;

(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:

      (k) any amount that would otherwise be proceeds of disposition of property of a taxpayer to the extent that the amount is deemed by subsection 84.1(1), 212.1(1) or 212.2(2) to be a dividend paid to the taxpayer;

(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

    (l) the total of all amounts each of which is an amount paid by or on behalf of the taxpayer in the year or within 60 days after the end of the year (or within such longer period after the end of the year as is acceptable to the Minister)

(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

    (a) the words ``in the year or within 60 days after the end of the year'' in that paragraph were read as ``in the period that begins at the beginning of the year and ends on February 29, 2000 or on such later day as is acceptable to the Minister''; and

    (b) subparagraph 60(l)(iv) of the Act were read as follows:

      (iv) is designated in prescribed form filed with the Minister before May 2000 (or before such later day as is acceptable to the Minister),

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:

      (b) a child dependent on the taxpayer or the taxpayer's spouse for support and whose income for the year does not exceed the amount used under paragraph (c) of the description of B in subsection 118(1) for the year

(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):

    (g) where the designated person is a specified individual in relation to the year, the amount required to be included in computing the designated person's income for the year in respect of all taxable dividends received by the designated person that

      (i) can reasonably be considered to be part of the benefit sought to be conferred, and

      (ii) are included in computing the designated person's split income for any taxation year.

(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

    (g.3) the amount that, but for this paragraph, would be the income of the taxpayer for the year where

      (i) the taxpayer is the trust established under the 1986-1990 Hepatitis C Settlement Agreement entered into by Her Majesty in right of Canada and Her Majesty in right of each of the provinces, and

      (ii) the only contributions made to the trust before the end of the year are those provided for under the Agreement;

(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

    (j.6) for the purposes of paragraphs 12(1)(t) and (x), subsections 12(2.2) and 13(7.1), (7.4) and (24), paragraphs 13(27)(b) and (28)(c), subsections 13(29) and 18(9.1), paragraphs 20(1)(e), (e.1) and (hh), sections 20.1 and 32, paragraph 37(1)(c), subsection 39(13), subparagraphs 53(2)(c)(vi) and (h)(ii), paragraph 53(2)(s), subsections 53(2.1), 66(11.4) and 66.7(11), section 139.1, subsection 152(4.3), the determination of D in the definition ``undepreciated capital cost'' in subsection 13(21) and the determination of L in the definition ``cumulative Canadian exploration expense'' in subsection 66.1(6), the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor 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:

        (iii) where the particular time is after March 31, 1977, an amount equal to the paid-up capital in respect of that class of shares at the particular time, computed without reference to the provisions of this Act except subsections 51(3) and 66.3(2) and (4), sections 84.1 and 84.2, subsections 85(2.1), 85.1(2.1), 86(2.1), 87(3) and (9), 128.1(2) and (3), 138(11.7), 139.1(6) and (7), 192(4.1) and 194(4.1) and section 212.1,

(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:

          (B) whose income (computed without reference to subsection 104(14)) for the beneficiary's year does not exceed the amount used under paragraph (c) of the description of B in subsection 118(1) for the year, and

(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

    (a) ``$6,956'' for the 1998 taxation year; and

    (b) ``$7,044'' for the 1999 taxation year.

(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

      (a) that ended after 1977 and before the year in which the individual received the qualifying amount;

      (b) throughout which the individual was resident in Canada;

      (c) that did not end in a calendar year in which the individual became a bankrupt; and

      (d) that was not included in an averaging period, within the meaning assigned by section 119 (as it read in its application to the 1987 taxation year), pursuant to an election that was made and not revoked by the individual under that section.

``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

      (a) an amount

        (i) that is received pursuant to an order or judgment of a competent tribunal, an arbitration award or a contract by which the payor and the individual terminate a legal proceeding, and

        (ii) that is

          (A) included in computing the individual's income from an office or employment, or

          (B) received as, on account of, in lieu of payment of or in satisfaction of, damages in respect of the individual's loss of an office or employment,

      (b) a superannuation or pension benefit (other than a benefit referred to in clause 56(1)(a)(i)(B)) received on account of, in lieu of payment of or in satisfaction of, a series of periodic payments (other than payments that would have otherwise been made in the year or in a subsequent taxation year),

      (c) an amount described in paragraph 6(1)(f), subparagraph 56(1)(a)(iv) or paragraph 56(1)(b), or

      (d) a prescribed amount or benefit,

    except to the extent that the individual may deduct for the year an amount under paragraph 8(1)(b), (n) or (n.1), 60(n) or (o.1) or 110(1)(f) in respect of the amount so included.

``specified portion''
« partie détermi-
née
»

``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:

A - C