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(iii) drilling by rotary, diamond,
percussion or other methods, or
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(iv) trenching, digging test pits and
preliminary sampling,
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(c) the cost to the taxpayer of any of the
taxpayer's foreign resource property in
respect of that country,
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(d) any annual payment made by the
taxpayer for the preservation of a foreign
resource property in respect of that
country, and
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(e) subject to section 66.8, the taxpayer's
share of an expense, cost or payment
referred to in any of paragraphs (a) to (d)
that is made or incurred by a partnership
in a fiscal period of the partnership that
begins after 2000 if, at the end of that
period, the taxpayer was a member of the
partnership
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(f) an expenditure that is the cost, or any
part of the cost, to the taxpayer of any
depreciable property of a prescribed
class,
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(g) an expenditure incurred at any time
after the commencement of production
from a foreign resource property of the
taxpayer in order to evaluate the
feasibility of a method of recovery of
petroleum, natural gas or related
hydrocarbons from the portion of a
natural reservoir to which the foreign
resource property relates,
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(h) an expenditure (other than a drilling
expense) incurred at any time after the
commencement of production from a
foreign resource property of the taxpayer
in order to assist in the recovery of
petroleum, natural gas or related
hydrocarbons from the portion of a
natural reservoir to which the foreign
resource property relates,
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(i) an expenditure, incurred at any time,
that relates to the injection of any
substance to assist in the recovery of
petroleum, natural gas or related
hydrocarbons from a natural reservoir,
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(j) an expenditure incurred by the
taxpayer, unless the expenditure was
made
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(i) for the acquisition of foreign
resource property by the taxpayer, or
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(A) enhancing the value of foreign
resource property that the taxpayer
owned at the time the expenditure
was incurred or that the taxpayer
had a reasonable expectation of
owning after that time, or
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(B) assisting in evaluating whether
a foreign resource property is to be
acquired by the taxpayer, or
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(k) the taxpayer's share of any cost or
expenditure referred to in any of
paragraphs (f) to (j) that is incurred by a
partnership.
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``foreign
resource
income''
« revenu
provenant de
ressources à
l'étranger »
|
``foreign resource income'' of a taxpayer for
a taxation year, in respect of a country other
than Canada, means the total of
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(a) that part of the taxpayer's income for
the year, determined without reference to
subsections (4) and 66(4), that is
reasonably attributable to
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(i) the production of petroleum or
natural gas from natural
accumulations of petroleum or natural
gas in that country or from oil or gas
wells in that country, or
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(ii) the production of minerals from
mines in that country;
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(b) the taxpayer's income for the year
from royalties in respect of a natural
accumulation of petroleum or natural gas
in that country, an oil or gas well in that
country or a mine in that country,
determined without reference to
subsections (4) and 66(4); and
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(c) all amounts each of which is an
amount, in respect of a foreign resource
property in respect of that country that
has been disposed of by the taxpayer,
equal to the amount, if any, by which
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(i) the amount included in computing
the taxpayer's income for the year by
reason of subsection 59(1) in respect of
that disposition
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(ii) the total of all amounts each of
which is that portion of an amount
deducted under subsection 66.7(2) in
computing the taxpayer's income for
the year that
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(A) can reasonably be considered to
be in respect of the foreign resource
property, and
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(B) cannot reasonably be considered
to have reduced the amount
otherwise determined under
paragraph (a) or (b) in respect of the
taxpayer for the year.
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``foreign
resource loss''
« perte
résultant de
ressources à
l'étranger »
|
``foreign resource loss'' of a taxpayer for a
taxation year in respect of a country other
than Canada means the taxpayer's loss for
the year in respect of the country
determined in accordance with the
definition ``foreign resource income'' with
such modifications as the circumstances
require.
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``global
foreign
resource
limit''
« limite
globale des
frais relatifs à
des ressources
à l'étranger »
|
``global foreign resource limit'' of a taxpayer
for a taxation year means the amount that is
the lesser of
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(a) the amount, if any, by which
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(i) the amount determined under
subparagraph 66(4)(b)(ii) in respect of
the taxpayer for the year
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(ii) the total of all amounts each of
which is the maximum amount that the
taxpayer would be permitted to
deduct, in respect of a country, under
subsection (4) in computing the
taxpayer's income for the year if, in its
application to the year, subsection (4)
were read without reference to
paragraph (4)(b), and
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(iii) the amount deducted for the year
under subsection 66(4) in computing
the taxpayer's income for the year; and
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(b) the amount, if any, by which
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(i) 30% of the total of all amounts each
of which is, at the end of the year, the
taxpayer's adjusted cumulative
foreign resource expense in respect of
a country
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(ii) the total described in subparagraph
(a)(ii).
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Application of
subsection
66(15)
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(2) The definitions in subsection 66(15)
apply in this section.
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Amount to be
included in
income
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(3) For the purpose of paragraph
59(3.2)(c.1), the amount referred to in this
subsection in respect of a taxpayer for a
taxation year is the amount, if any, by which
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(a) the total of all amounts referred to in the
descriptions of E to J in the definition
``cumulative foreign resource expense'' in
subsection (1) that are deducted in
computing the taxpayer's cumulative
foreign resource expense at the end of the
year in respect of a country
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exceeds the total of
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(b) the total of all amounts referred to in the
descriptions of A to D in the definition
``cumulative foreign resource expense'' in
subsection (1) that are included in
computing the taxpayer's cumulative
foreign resource expense at the end of the
year in respect of the country, and
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(c) the total determined under paragraph
66.7(13.2)(a) for the year in respect of the
taxpayer and the country.
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Deduction for
cumulative
foreign
resource
expense
|
(4) In computing a taxpayer's income for a
taxation year throughout which the taxpayer is
resident in Canada, the taxpayer may deduct
the amount claimed by the taxpayer, in respect
of a country other than Canada, not exceeding
the total of
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(i) 10% of a particular amount equal to
the taxpayer's adjusted cumulative
foreign resource expense in respect of the
country at the end of the year, and
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(A) if the taxpayer ceased to be
resident in Canada immediately after
the end of the year, the particular
amount,
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(B) if clause (A) does not apply, 30%
of the particular amount,
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(C) the amount, if any, by which the
taxpayer's foreign resource income for
the year in respect of the country
exceeds the portion of the amount,
deducted under subsection 66(4) in
computing the taxpayer's income for
the year, that applies to a source in the
country, and
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(D) the amount, if any, by which
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(I) the total of all amounts each of
which is the taxpayer's foreign
resource income for the year in
respect of a country
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(II) all amounts each of which is the
taxpayer's foreign resource loss for
the year in respect of a country, and
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(III) the amount deducted under
subsection 66(4) in computing the
taxpayer's income for the year, and
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(i) the amount, if any, by which the
particular amount exceeds the amount
determined for the year under paragraph
(a) in respect of the taxpayer, and
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(ii) that portion of the taxpayer's global
foreign resource limit for the year that is
designated for the year by the taxpayer, in
respect of that country and no other
country, in prescribed form filed with the
Minister with the taxpayer's return of
income for the year.
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Individual
changing
residence
|
(5) Where at any time in a taxation year an
individual becomes or ceases to be resident in
Canada,
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(a) subsection (4) applies to the individual
as if the year were the period or periods in
the year throughout which the individual
was resident in Canada; and
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(b) for the purpose of applying this section,
subsection 66(13.1) does not apply to the
individual for the year.
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(2) Subsection (1) applies to taxation
years that begin after 2000.
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48. (1) The definitions ``disposition'' and
``proceeds of disposition'' in subsection
66.4(5) of the Act are replaced by the
following:
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``proceeds of
disposition''
« produit de
disposition »
|
``proceeds of disposition'' has the meaning
assigned by section 54.
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(2) Subsection (1) applies to transactions
and events that occur after December 23,
1998.
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49. (1) Subparagraph 66.7(2)(a)(i) of the
Act is replaced by the following:
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(i) the foreign exploration and
development expenses incurred by the
original owner before the original owner
disposed of the particular property to the
extent that those expenses were incurred
when the original owner was resident in
Canada, were not otherwise deducted in
computing the successor's income for the
year, were not deducted in computing the
successor's income for a preceding
taxation year and were not deductible by
the original owner, nor deducted by any
predecessor owner of the particular
property, in computing income for any
taxation year
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(2) Section 66.7 of the Act is amended by
adding the following after subsection (2):
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Country-by-c
ountry
successor
FEDE
allocations
|
(2.1) For greater certainty, the portion of an
amount deducted under subsection (2) in
computing a taxpayer's income for a taxation
year that can reasonably be considered to be in
respect of specified foreign exploration and
development expenses of the taxpayer in
respect of a country is considered to apply to
a source in that country.
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Method of
allocation
|
(2.2) For the purpose of subsection (2.1),
where a taxpayer has incurred specified
foreign exploration and development
expenses in respect of two or more countries,
an allocation to each of those countries for a
taxation year shall be determined in a manner
that is
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(a) reasonable having regard to all the
circumstances, including the level and
timing of
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(i) the taxpayer's specified foreign
exploration and development expenses
in respect of the country, and
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(ii) the profits or gains to which those
expenses relate; and
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(b) not inconsistent with the allocation
made under subsection (2.1) for the
preceding taxation year.
|
|
Successor of
foreign
resource
expenses
|
(2.3) Subject to subsections (6) and (8),
where a corporation (in this subsection
referred to as the ``successor'') acquired a
particular foreign resource property in respect
of a country (whether by way of a purchase,
amalgamation, merger, winding-up or
otherwise), there may be deducted by the
successor in computing its income for a
taxation year an amount not exceeding the
total of all amounts each of which is an amount
determined in respect of an original owner of
the particular property that is the lesser of
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(a) 30% of the amount, if any, by which
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(i) the cumulative foreign resource
expense, in respect of the country, of the
original owner determined immediately
after the disposition of the particular
property by the original owner to the
extent that it has not been
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(A) deducted by the original owner or
any predecessor owner of the
particular property in computing
income for any taxation year,
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(B) otherwise deducted in computing
the income of the successor for the
year, or
|
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|
(C) deducted by the successor in
computing its income for any
preceding taxation year
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(ii) all amounts each of which is an
amount (other than any portion of the
amount that can reasonably be
considered to result in a reduction of the
amount otherwise determined under this
paragraph in respect of another original
owner of a relevant resource property
who is not a predecessor owner of a
relevant resource property or who
became a predecessor owner of a relevant
resource property before the original
owner became a predecessor owner of a
relevant resource property) that became
receivable by a predecessor owner of the
particular property, or by the successor in
the year or a preceding taxation year, and
that
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(A) was included by the predecessor
owner or the successor in computing
an amount determined under
paragraph (a) of the description of F in
the definition ``cumulative foreign
resource expense'' in subsection
66.21(1) at the end of the year, and
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(B) can reasonably be regarded as
attributable to the disposition of a
property (in this subparagraph referred
to as a ``relevant resource property'')
that is
|
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(I) the particular property, or
|
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|
(II) another foreign resource
property in respect of the country
that was acquired from the original
owner with the particular property
by the successor or a predecessor
owner of the particular property, and
|
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|
(iii) all amounts each of which is an
amount by which the amount described
in this paragraph is required by reason of
subsection 80(8) to be reduced at or
before the end of the year, and
|
|
|
(b) the amount, if any, by which the total of
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(i) the part of the successor's income for
the year that can reasonably be regarded
as attributable to production from the
particular property, computed as if no
deduction were permitted under section
29 of the Income Tax Application Rules,
this section or any of sections 65 to 66.5,
except that, where the successor acquired
the particular property from the original
owner at any time in the year (otherwise
than by way of an amalgamation or
merger or solely by reason of the
application of paragraph (10)(c)) and did
not deal with the original owner at arm's
length at that time, the amount
determined under this subparagraph is
deemed to be nil, and
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(ii) unless the amount determined under
subparagraph (i) is nil by reason of the
exception provided under that
subparagraph, the lesser of
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