|
(d) that is not an expense that was
renounced under subsection 66(12.6) to
the corporation (or a partnership of which
the corporation is a member), unless that
renunciation was under an agreement
described in that subsection and made
after October 17, 2000, and
|
|
|
(e) that is an expense that would be
incurred by the corporation before 2004
if this Act were read without reference to
subsection 66(12.66);
|
|
``specified
sampling''
« échantillon-
nage
déterminé »
|
``specified sampling'' means the collecting
and testing of samples in respect of a
mineral resource except that specified
sampling does not include
|
|
|
(a) the collecting or testing of a sample
that, at the time the sample is collected,
weighs more than 15 tonnes, and
|
|
|
(b) the collecting or testing of a sample
collected at any time in a calendar year in
respect of any one mineral resource if the
total weight of all such samples collected
(by any person or partnership or any
combination of persons and partnerships)
in the period in the calendar year that is
before that time (other than samples each
of which weighs less than one tonne)
exceeds 1,000 tonnes;
|
|
``super-allowa
nce benefit
amount''
« avantage
relatif à la
superdéduc-
tion »
|
``super-allowance benefit amount'' for a
particular taxation year in respect of a
corporation in respect of a province means
the amount determined by the formula
|
|
|
(A - B) x C
|
|
|
|
|
|
A is the total of all amounts each of which
is an amount that is or may become
deductible by the corporation, in
computing income or taxable income
relevant in calculating an income tax
payable by the corporation under a law
of the province for any taxation year, in
respect of an expenditure on scientific
research and experimental development
incurred in the particular year,
|
|
|
B is the amount by which the amount of
the expenditure exceeds the total of all
amounts that would be required by
subsections (18) to (20) to reduce the
corporation's qualified expenditures
otherwise determined under this section
if the definitions ``government
assistance'' and ``non-government
assistance'' did not apply to assistance
provided under that law, and
|
|
|
|
|
|
(a) where the corporation's
expenditure limit for the particular
year is nil, the maximum rate of the
province's income tax that applies for
that year to active business income
earned in the province by a
corporation, and
|
|
|
(b) in any other case, the rate of the
province's income tax for that year that
would apply to the corporation if
|
|
|
(i) it were not associated with any
other corporation in the year,
|
|
|
(ii) its taxable income for the year
were less than $200,000, and
|
|
|
(iii) its taxable income for the year
were earned in the province in
respect of an active business carried
on in the province.
|
|
|
(8) Paragraph 127(10.1)(b) of the Act is
replaced by the following:
|
|
|
(b) the amount by which the corporation's
SR&ED qualified expenditure pool at the
end of the year exceeds the total of all
amounts each of which is the
super-allowance benefit amount for the
year in respect of the corporation in respect
of a province; and
|
|
|
(9) Subsection 127(11.1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c.1) and adding the
following paragraph after paragraph (c.1):
|
|
|
(c.2) the amount of a taxpayer's
flow-through mining expenditure for a
taxation year is deemed to be the amount of
the taxpayer's flow-through mining
expenditure for the year as otherwise
determined less the amount of any
government assistance or non-government
assistance in respect of expenses included
in determining the taxpayer's flow-through
mining expenditure for the year that, at the
time of the filing of the taxpayer's return of
income for the year, the taxpayer has
received, is entitled to receive or can
reasonably be expected to receive; and
|
|
|
(10) Subsections (1), (2) and (9) apply to
the 2000 and subsequent taxation years,
except that, for the 2000 taxation year,
clause 127(5)(a)(ii)(A) of the Act, as enacted
by subsection (2), shall be read as follows:
|
|
|
(A) the taxpayer's investment tax
credit at the end of the year in respect
of property acquired in a subsequent
taxation year, of the taxpayer's
flow-through mining expenditure for a
subsequent taxation year or of the
taxpayer's SR&ED qualified
expenditure pool at the end of a
subsequent taxation year to the extent
that an investment tax credit was not
deductible under this subsection or
subsection 180.1(1.2) for the
subsequent year, and
|
|
|
(11) Subsection (3) applies to the 2001 and
subsequent taxation years.
|
|
|
(12) Paragraph (a.1) of the definition
``investment tax credit'' in subsection
127(9) of the Act, as enacted by subsection
(4), the definition ``super-allowance benefit
amount'' in subsection 127(9) of the Act, as
enacted by subsection (7), and subsection
(8) apply to taxation years that begin after
February 2000 except that, if a
corporation's first taxation year that begins
after February 2000 ends before 2001, those
provisions apply to the corporation's
taxation years that begin after 2000.
|
|
|
(13) Paragraph (a.2) of the definition
``investment tax credit'' in subsection
127(9) of the Act, as enacted by subsection
(4), subsection (5) and the definitions
``flow-through mining expenditure'' and
``specified sampling'' in subsection 127(9)
of the Act, as enacted by subsection (7),
apply after October 17, 2000.
|
|
|
(14) Subsection (6) applies to all taxation
years.
|
|
|
119. (1) Paragraph 127.52(1)(d) of the Act
is replaced by the following:
|
|
|
(d) except in respect of dispositions of
property occurring before 1986 or to which
section 79 applies,
|
|
|
(i) the references to the fraction
applicable to the individual for the year
in each of paragraphs 38(a), (b) and (c)
and section 41 were read as a reference to
``4/5'', other than in the case of a capital
gain from a disposition that is the making
of a gift of property to a qualified donee,
and
|
|
|
(ii) each amount (other than an amount to
which subsection 104(21.4) applies) that
is designated by a trust for a particular
year of the trust in respect of the
individual and deemed by subsection
104(21) to be a taxable capital gain for
the year of the individual were equal to
the amount obtained by the formula
|
|
|
4/5(A x 1/B)
|
|
|
|
|
|
A is the amount so deemed to be a
taxable capital gain for the year of the
individual, and
|
|
|
B is the fraction in paragraph 38(a)
applicable to the trust for the
particular year of the trust for which
the designation is made;
|
|
|
(2) The portion of paragraph 127.52(1)(e)
of the Act before subparagraph (i) is
replaced by the following:
|
|
|
(e) the total of all amounts deductible under
section 65, 66, 66.1, 66.2, 66.21 or 66.4 or
under subsection 29(10) or (12) of the
Income Tax Application Rules in computing
the individual's income for the year were
the lesser of the amounts otherwise so
deductible by the individual for the year and
the total of
|
|
|
(3) Subparagraph 127.52(1)(e.1)(ii) of the
Act is replaced by the following:
|
|
|
(ii) the total of all amounts each of which
is an amount deductible under section 65,
66, 66.1, 66.2, 66.21 or 66.4 or under
subsection 29(10) or (12) of the Income
Tax Application Rules in computing the
individual's income for the year;
|
|
|
(4) The portion of subparagraph
127.52(1)(g)(ii) of the Act before clause (A)
is replaced by the following:
|
|
|
(ii) the total of all amounts each of which
is 3/5 of
|
|
|
(5) Paragraph 127.52(1)(h) of the Act is
replaced by the following:
|
|
|
(h) the only amounts deductible under
sections 110 to 110.7 in computing the
individual's taxable income for the year or
taxable income earned in Canada for the
year, as the case may be, were
|
|
|
(i) the amounts deducted under any of
subsections 110(2), 110.6(2), (2.1), (3)
and (12) and 110.7(1),
|
|
|
(ii) the amount deducted under paragraph
110(1)(d), not exceeding the total of
|
|
|
(A) twice the amount deducted under
paragraph 110(1)(d.01), and
|
|
|
(B) 2/5 of the amount, if any, by which
|
|
|
(I) the amount deducted under
paragraph 110(1)(d)
|
|
|
|
|
|
(II) the amount determined under
clause (A),
|
|
|
(iii) the amount deducted under
paragraph 110(1)(d.01),
|
|
|
(iv) 2/5 of the amounts deducted under
any of paragraphs 110(1)(d.1) to (d.3),
and
|
|
|
(v) the amount that would be deductible
under paragraph 110(1)(f) if paragraph
(d) were applicable in computing the
individual's income for the year;
|
|
|
(6) Subsections (1), (4) and (5) apply to
the 2000 and subsequent taxation years
except that, for the 2000 taxation year,
clause 127.52(1)(h)(ii)(A) of the Act, as
enacted by subsection (5), shall be read as
follows:
|
|
|
|
|
|
(I) twice the amount deducted under
paragraph 110(1)(d.01) in respect of
benefits that the individual is
deemed by paragraph 7(1)(a) to
have received in the year as a result
of transactions, events or
circumstances that occur after
October 17, 2000, and
|
|
|
(II) the amount deducted under
paragraph 110(1)(d.01) in respect of
benefits that the individual is
deemed by paragraph 7(1)(a) to
have received in the year as a result
of transactions, events or
circumstances that occur before
October 18, 2000, and
|
|
|
(7) Subsections (2) and (3) apply to
taxation years that begin after 2000.
|
|
|
120. (1) Subparagraph 127.54(2)(b)(ii) of
the Act is replaced by the following:
|
|
|
(ii) 16% of the individual's foreign
income for the year.
|
|
|
(2) Subsection (1) applies to the 2001 and
subsequent taxation years.
|
|
|
121. (1) Paragraph 127.55(b) of the Act is
repealed.
|
|
|
(2) Subsection (1) applies to the 1996 and
subsequent taxation years.
|
|
|
122. (1) Clause 128(2)(e)(ii)(A) of the Act
is replaced by the following:
|
|
|
(A) an amount under any of paragraphs
110(1)(d) to (d.3) and section 110.6 to
the extent that the amount is in respect
of an amount included in income under
subparagraph (i) for that taxation year,
and
|
|
|
(2) Subparagraph 128(2)(f)(iii) of the Act
is replaced by the following:
|
|
|
(iii) in computing the individual's
taxable income for the year, no amount
were deductible under any of paragraphs
110(1)(d) to (d.3) and section 110.6 in
respect of an amount included in income
under subparagraph (e)(i), and no amount
were deductible under section 111, and
|
|
|
(3) Subsections (1) and (2) apply to the
2000 and subsequent taxation years.
|
|
|
123. (1) Subparagraph 128.1(1)(b)(i) of
the Act is replaced by the following:
|
|
|
(i) property that is a taxable Canadian
property,
|
|
|
(2) Paragraph 128.1(1)(b) of the Act is
amended by adding the word ``and'' at the
end of subparagraph (iii) and by replacing
subparagraphs (iv) and (v) with the
following:
|
|
|
(iv) an excluded right or interest of the
taxpayer (other than an interest in a
non-resident testamentary trust that was
never acquired for consideration),
|
|
|
(3) Paragraph 128.1(4)(b) of the Act is
replaced by the following:
|
|
Fiscal period
|
(a.1) if the taxpayer is an individual (other
than a trust) and carries on a business at the
particular time, otherwise than through a
permanent establishment (as defined by
regulation) in Canada,
|
|
|
(i) the fiscal period of the business is
deemed to have ended immediately
before the particular time and a new
fiscal period of the business is deemed to
have begun at the particular time, and
|
|
|
(ii) for the purpose of determining the
fiscal period of the business after the
particular time, the taxpayer is deemed
not to have established a fiscal period of
the business before the particular time;
|
|
|
(iii) in computing the individual's
taxable income for the year, no amount
were deductible under any of paragraphs
110(1)(d) to (d.3) and section 110.6 in
respect of an amount included in income
under subparagraph (e)(i), and no amount
were deductible under section 111, and
|
|
|
(3) Subsections (1) and (2) apply to the
2000 and subsequent taxation years.
|
|
|
123. (1) Subparagraph 128.1(1)(b)(i) of
the Act is replaced by the following:
|
|
|
(i) property that is a taxable Canadian
property,
|
|
|
(2) Paragraph 128.1(1)(b) of the Act is
amended by adding the word ``and'' at the
end of subparagraph (iii) and by replacing
subparagraphs (iv) and (v) with the
following:
|
|
|
(iv) an excluded right or interest of the
taxpayer (other than an interest in a
non-resident testamentary trust that was
never acquired for consideration),
|
|
|
(3) Paragraph 128.1(4)(b) of the Act is
replaced by the following:
|
|
Fiscal period
|
(a.1) if the taxpayer is an individual (other
than a trust) and carries on a business at the
particular time, otherwise than through a
permanent establishment (as defined by
regulation) in Canada,
|
|
|
(i) the fiscal period of the business is
deemed to have ended immediately
before the particular time and a new
fiscal period of the business is deemed to
have begun at the particular time, and
|
|
|
(ii) for the purpose of determining the
fiscal period of the business after the
particular time, the taxpayer is deemed
not to have established a fiscal period of
the business before the particular time;
|
|
Deemed
disposition
|
(b) the taxpayer is deemed to have disposed,
at the time (in this paragraph and paragraph
(d) referred to as the ``time of disposition'')
that is immediately before the time that is
immediately before the particular time, of
each property owned by the taxpayer other
than, if the taxpayer is an individual,
|
|
|
(i) real property situated in Canada, a
Canadian resource property or a timber
resource property,
|
|
|
(ii) capital property used in, eligible
capital property in respect of or property
described in the inventory of, a business
carried on by the taxpayer through a
permanent establishment (as defined by
regulation) in Canada at the particular
time,
|
|
|
(iii) an excluded right or interest of the
taxpayer,
|
|
|
(iv) if the taxpayer is not a trust and was
not, during the 120-month period that
ends at the particular time, resident in
Canada for more than 60 months,
property that was owned by the taxpayer
at the time the taxpayer last became
resident in Canada or that was acquired
by the taxpayer by inheritance or bequest
after the taxpayer last became resident in
Canada, and
|
|
|
(v) any property in respect of which the
taxpayer elects under paragraph (6)(a)
for the taxation year that includes the first
time, after the particular time, at which
the taxpayer becomes resident in Canada,
|
|
|
for proceeds equal to its fair market value at
the time of disposition, which proceeds are
deemed to have become receivable and to
have been received by the taxpayer at the
time of disposition;
|
|