Deferred
payment by
actor's
corporation
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(2.2) Where a corporation is liable to tax
under subsection 212(5.1) in respect of a
corporation payment (within the meaning
assigned by subsection 212(5.2)) made in a
taxation year in respect of an actor and, in a
subsequent year, the corporation makes an
actor payment (within the meaning assigned
by subsection 212(5.2)) to or for the benefit of
the actor, the amount of the actor payment is
not deductible in computing the income of the
corporation for any taxation year and is not
included in computing the taxable income
earned in Canada of the actor for any taxation
year.
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(9) Subsection 115(3) of the Act is
repealed.
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(10) Section 115 of the Act is amended by
adding the following after subsection (4):
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Foreign
resource pool
expenses
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(4.1) Where a taxpayer ceases at any time
after February 27, 2000 to be resident in
Canada, a particular taxation year of the
taxpayer ends after that time and the taxpayer
was non-resident throughout the period (in
this subsection referred to as the
``non-resident period'') that begins at that
time and ends at the end of the particular year,
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(11) Subsections (1) and (7) apply to the
1998 and subsequent taxation years except
that, if an individual who ceased at any time
after 1992 and before October 2, 1996 to be
resident in Canada elects under subsection
124(1) in respect of that cessation of
residence, subparagraph 115(1)(a)(i) of the
Act, as enacted by subsection (1), applies to
income received by the individual after that
cessation of residence.
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(12) Subsections (2) and (3) apply after
June 27, 1999.
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(13) Subsections (4) and (9) apply after
October 1, 1996 except that, in its
application to dispositions that occurred
before the 1998 taxation year, paragraph
115(1)(b) of the Act, as enacted by
subsection (4), shall be read as follows:
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(14) Subsection (5) applies to the 2000
and subsequent taxation years.
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(15) Subsections (6) and (10) apply to
taxation years that begin after February 27,
2000.
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(16) Subsection (8) applies in respect of
amounts paid, credited or provided after
2000.
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91. (1) The portion of subsection 116(1) of
the Act before paragraph (a) is replaced by
the following:
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Disposition by
non-resident
person of
certain
property
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116. (1) If a non-resident person proposes to
dispose of any taxable Canadian property
(other than property described in subsection
(5.2) and excluded property) the non-resident
person may, at any time before the disposition,
send to the Minister a notice setting out
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(2) Subsections 116(2), (4) and (5) of the
Act are amended by replacing the reference
to the percentage ``33 1/3%'' with a
reference to the percentage ``25%''.
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(3) The portion of subsection 116(5.1) of
the Act before paragraph (a) is replaced by
the following:
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Gifts, etc.
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(5.1) If a non-resident person has disposed
of or proposes to dispose of a life insurance
policy in Canada, a Canadian resource
property or a taxable Canadian property other
than
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(4) The portion of subsection 116(5.2) of
the Act before paragraph (a) is replaced by
the following:
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Certificates
for
dispositions
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(5.2) If a non-resident person has, in respect
of a disposition or proposed disposition to a
taxpayer in a taxation year of property (other
than excluded property) that is a life insurance
policy in Canada, a Canadian resource
property, a property (other than capital
property) that is real property situated in
Canada, a timber resource property,
depreciable property that is a taxable
Canadian property or any interest in or option
in respect of a property to which this
subsection applies (whether or not that
property exists),
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(5) Paragraphs 116(6)(a) and (b) of the
Act are replaced by the following:
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(6) Subsection 116(6) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (d) and by replacing
paragraph (e) with the following:
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(7) Subsections (1), (3) and (4) and
paragraphs 116(6)(a) and (a.1) of the Act, as
enacted by subsection (5), apply after
October 1, 1996.
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(8) Subsection (2) applies to taxation
years that end after February 27, 2000
except that, for a taxation year that ended
after February 27, 2000 and before October
18, 2000, the reference in subsections
116(2), (4) and (5) of the Act, as enacted by
subsection (2), to the percentage ``25%''
shall be read as a reference to the
percentage ``30%''.
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(9) Paragraph 116(6)(b) of the Act, as
enacted by subsection (5), and subsection
(6) apply after June 27, 1999.
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92. (1) Subsection 117(2) of the Act is
replaced by the following:
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Rate for 2000
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(2) The tax payable under this Part by an
individual on the individual's taxable income
or taxable income earned in Canada, as the
case may be, (in this subdivision referred to as
the ``amount taxable'') for the 2000 taxation
year is
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(2) Subsection 117(2) of the Act, as
enacted by subsection (1), is replaced by the
following:
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Rates for
years after
2000
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(2) The tax payable under this Part by an
individual on the individual's taxable income
or taxable income earned in Canada, as the
case may be, (in this subdivision referred to as
the ``amount taxable'') for a taxation year is
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Minimum
thresholds for
2004
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(3) Each of the amounts of $30,754,
$61,509 and $100,000 referred to in
subsection (2) is deemed, for the purposes of
applying subsection (2) to the 2004 taxation
year, to be the greater of
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(3) Subsection (1) applies to the 2000
taxation year.
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(4) Subsection 117(2) of the Act, as
enacted by subsection (2), applies to the
2001 and subsequent taxation years.
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93. (1) Clause (c.1)(ii)(B) of the
description of B in subsection 118(1) of the
Act is replaced by the following:
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(2) The portion of paragraph 118(1)(c.1)
of the Act after subparagraph (iii) is
replaced by the following:
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$15,453 - D.1
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(3) The portion of paragraph 118(1)(d) of
the Act after subparagraph (ii) is replaced
by the following:
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$8,466 - E
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(4) Section 118 of the Act is amended by
adding the following after subsection (3):
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Minimum
amounts for
2004
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(3.1) Each of the amounts of $7,131, $6,055
and $606 referred to in paragraphs (a) to (c) of
the description of B in subsection (1) is
deemed, for the 2004 taxation year, to be the
greater of
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(5) Subsection (1) applies to the 1998 and
subsequent taxation years, except that
clause (c.1)(ii)(B) of the description of B in
subsection 118(1) of the Act, as enacted by
subsection (1), shall be read without
reference to ``or common-law partner'' for
any taxation year that ends before 2001
unless a valid election is made by the
taxpayer under section 144 of the
Modernization of Benefits and Obligations
Act, that that Act apply to the taxpayer in
respect of one or more taxation years that
includes the year.
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(6) Subsections (2) and (3) apply to the
2001 and subsequent taxation years.
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94. (1) The portion of the definition ``total
ecological gifts'' in subsection 118.1(1) of
the Act before paragraph (a) is replaced by
the following:
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``total
ecological
gifts'' « total des dons de biens écosensibles »
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``total ecological gifts'' of an individual for a
taxation year means the total of all amounts
each of which is the fair market value of a
gift (other than a gift the fair market value
of which is included in the total cultural
gifts of the individual for the year) of land,
including a servitude for the use and benefit
of a dominant land, a covenant or an
easement, the fair market value of which is
certified by the Minister of the
Environment and that is certified by that
Minister, or a person designated by that
Minister, to be ecologically sensitive land,
the conservation and protection of which is,
in the opinion of that Minister, or that
person, important to the preservation of
Canada's environmental heritage, which
gift was made by the individual in the year
or in any of the five immediately preceding
taxation years to
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(2) Subsection 118.1(2) of the Act is
replaced by the following:
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Proof of gift
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(2) A gift shall not be included in the total
charitable gifts, total Crown gifts, total
cultural gifts or total ecological gifts of an
individual unless the making of the gift is
proven by filing with the Minister
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(3) Subsection 118.1(4) of the Act is
replaced by the following:
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Gift in year of
death
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(4) Subject to subsection (13), a gift made
by an individual in the particular taxation year
in which the individual dies (including, for
greater certainty, a gift otherwise deemed by
subsection (5), (5.2), (5.3), (7), (7.1), (13) or
(15) to have been so made) is deemed, for the
purpose of this section other than this
subsection, to have been made by the
individual in the preceding taxation year, and
not in the particular year, to the extent that an
amount in respect of the gift is not deducted in
computing the individual's tax payable under
this Part for the particular year.
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(4) Section 118.1 of the Act is amended by
adding the following after subsection (5):
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Direct
designation -
insurance
proceeds
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(5.1) Subsection (5.2) applies to an
individual in respect of a life insurance policy
where
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