|
(c) the amount is transferred directly to
another registered pension plan to be held in
connection with a money purchase
provision (in this subsection referred to as
the ``current provision'') of the other plan;
|
|
|
(d) the amount is transferred in conjunction
with the transfer of amounts from the
former provision to the current provision on
behalf of all or a significant number of
members of the transferor plan whose
benefits under the former provision are
replaced by benefits under the current
provision; and
|
|
|
(e) the transfer is acceptable to the Minister
and the Minister has so notified the
administrator of the transferor plan in
writing.
|
|
|
(3) Paragraphs 147.3(8)(b) and (c) of the
Act are replaced by the following:
|
|
|
(b) the amount is transferred in respect of
the actuarial surplus under a defined benefit
provision of the transferor plan;
|
|
|
(c) the amount is transferred directly to
another registered pension plan to be held in
connection with a money purchase
provision of the other plan;
|
|
|
(4) Subsection (1) applies to transfers that
occur after November 1999.
|
|
|
(5) Subsection (2) applies to transfers that
occur after 1998.
|
|
|
(6) Subsection (3) applies to transfers that
occur after 1990.
|
|
|
145. (1) Paragraphs 149(1)(d) to (d.2) of
the Act are replaced by the following:
|
|
Corporations
owned by the
Crown
|
(d) a corporation, commission or
association all of the shares (except
directors' qualifying shares) or of the
capital of which was owned by one or more
persons each of which is Her Majesty in
right of Canada or Her Majesty in right of a
province;
|
|
Corporations
90% owned
by the Crown
|
(d.1) a corporation, commission or
association not less than 90% of the shares
(except directors' qualifying shares) or of
the capital of which was owned by one or
more persons each of which is Her Majesty
in right of Canada or Her Majesty in right of
a province;
|
|
Wholly-owne
d corporations
|
(d.2) a corporation all of the shares (except
directors' qualifying shares) or of the
capital of which was owned by one or more
persons each of which is a corporation,
commission or association to which this
paragraph or paragraph (d) applies for the
period;
|
|
|
(2) Subparagraph 149(1)(d.3)(i) of the
Act is replaced by the following:
|
|
|
(i) one or more persons each of which is
Her Majesty in right of Canada or a
province or a person to which paragraph
(d) or (d.2) applies for the period, or
|
|
|
(3) Paragraph 149(1)(d.4) of the Act is
replaced by the following:
|
|
Combined
ownership
|
(d.4) a corporation all of the shares (except
directors' qualifying shares) or of the
capital of which was owned by one or more
persons each of which is a corporation,
commission or association to which this
paragraph or any of paragraphs (d) to (d.3)
applies for the period;
|
|
|
(4) The portion of paragraph 149(1)(d.6)
of the Act before subparagraph (i) is
replaced by the following:
|
|
Subsidiaries
of municipal
corporations
|
(d.6) subject to subsections (1.2) and (1.3),
a particular corporation all of the shares
(except directors' qualifying shares) or of
the capital of which was owned by one or
more persons each of which is a
corporation, commission or association to
which paragraph (d.5) or this paragraph
applies for the period if the income for the
period of the particular corporation from
activities carried on outside
|
|
|
(5) Clause 149(1)(o.2)(ii)(A) of the Act is
replaced by the following:
|
|
|
(A) limited its activities to
|
|
|
(I) acquiring, holding, maintaining,
improving, leasing or managing
capital property that is real property
or an interest in real property owned
by the corporation, another
corporation described by this
subparagraph and subparagraph (iv)
or a registered pension plan, and
|
|
|
(II) investing its funds in a
partnership that limits its activities
to acquiring, holding, maintaining,
improving, leasing or managing
capital property that is real property
or an interest in real property owned
by the partnership,
|
|
|
(6) Subsection 149(1.1) of the Act is
replaced by the following:
|
|
Exception
|
(1.1) Where at a particular time
|
|
|
(a) a corporation, commission or
association (in this subsection referred to as
``the entity'') would, but for this subsection,
be described in any of paragraphs (1)(d) to
(d.6),
|
|
|
(b) one or more other persons (other than
Her Majesty in right of Canada or a
province, a municipality in Canada or a
person which, at the particular time, is a
person described in any of subparagraphs
(1)(d) to (d.6)) have at the particular time
one or more rights in equity or otherwise,
either immediately or in the future and
either absolutely or contingently to, or to
acquire, shares or capital of the entity, and
|
|
|
(c) the exercise of the rights referred to in
paragraph (b) would result in the entity not
being a person described in any of
paragraphs (1)(d.1) to (d.6) at the particular
time,
|
|
|
the entity is deemed not to be, at the particular
time, a person described in any of paragraphs
(1)(d) to (d.6).
|
|
Election
|
(1.11) Subsection (1) does not apply in
respect of a person's taxable income for a
particular taxation year that begins after 1998
where
|
|
|
(a) paragraph (1)(d) did not apply in respect
of the person's taxable income for the
person's last taxation year that began before
1999;
|
|
|
(b) paragraph (1)(d.2), (d.3) or (d.4) would,
but for this subsection, have applied in
respect of the person's taxable income for
the person's first taxation year that began
after 1998;
|
|
|
(c) there has been no change in the direct or
indirect control of the person during the
period that
|
|
|
(i) began at the beginning of the person's
first taxation year that began after 1998,
and
|
|
|
(ii) ends at the end of the particular year;
|
|
|
(d) the person elects in writing before 2002
that this subsection apply; and
|
|
|
(e) the person has not notified the Minister
in writing before the particular year that the
election has been revoked.
|
|
|
(7) Subsection 149(1.2) of the Act is
replaced by the following:
|
|
Income test
|
(1.2) For the purposes of paragraphs
(1)(d.5) and (d.6), income of a corporation,
commission or association from activities
carried on outside the geographical
boundaries of a municipality does not include
income from activities carried on
|
|
|
(a) under an agreement in writing between
|
|
|
(i) the corporation, commission or
association, and
|
|
|
(ii) a person who is Her Majesty in right
of Canada or a province or a municipality
or corporation to which any of
paragraphs (1)(d) to (d.6) applies and that
is controlled by Her Majesty in right of
Canada or a province or by a
municipality in Canada
|
|
|
within the geographical boundaries of,
|
|
|
(iii) where the person is Her Majesty in
right of Canada or a corporation
controlled by Her Majesty in right of
Canada, Canada,
|
|
|
(iv) where the person is Her Majesty in
right of a province or a corporation
controlled by Her Majesty in right of a
province, the province, and
|
|
|
(v) where the person is a municipality in
Canada or a corporation controlled by a
municipality in Canada, the
municipality; or
|
|
|
|
|
|
(i) a producer of electrical energy or
natural gas, or
|
|
|
(ii) a distributor of electrical energy, heat,
natural gas or water,
|
|
|
where the activities are regulated under the
laws of the province.
|
|
|
(8) Subsections (1) to (4), (6) and (7) apply
to taxation years and fiscal periods that
begin after 1998 except that,
|
|
|
(a) where a corporation, commission or
association so elects in writing and files
the election with the Minister of National
Revenue on or before the day that is six
months after the end of the month in
which this Act receives royal assent, the
reference to ``at a particular time'' in
subsection 149(1.1) of the Act, as enacted
by subsection (6), shall be read as a
reference to ``at any time after November
1999''; and
|
|
|
(b) an election referred to in subsection
149(1.11) of Act, as enacted by subsection
(6), filed with the Minister of National
Revenue on or before the day that is six
months after the end of the month in
which this Act receives royal assent, is
deemed to have been filed in accordance
with that subsection of the Act.
|
|
|
(9) Subsection (5) applies to taxation
years that end after 2000.
|
|
|
146. The portion of subsection 149.1(6.4)
of the Act after paragraph (d) is replaced by
the following:
|
|
|
applies in prescribed form to the Minister of
National Revenue for registration, that
Minister may register the organization for the
purposes of this Act and, where the
organization so applies or is so registered, this
section, paragraph 38(a.1), sections 110.1,
118.1, 168, 172, 180 and 230, subsection
241(3.2) and Part V apply, with such
modifications as the circumstances require, to
the organization as if it were an applicant for
registration as a charitable organization or as
if it were a registered charity that is designated
as a charitable organization, as the case may
be.
|
|
|
147. (1) Clause 150(1)(a)(i)(B) of the Act
is replaced by the following:
|
|
|
(B) carries on business in Canada,
unless the corporation's only revenue
from carrying on business in Canada in
the year consists of amounts in respect
of which tax was payable by the
corporation under subsection
212(5.1),
|
|
|
(2) Subsection (1) applies to the 2001 and
subsequent taxation years.
|
|
|
148. (1) Subsection 150.1(5) of the Act is
replaced by the following:
|
|
Application to
other Parts
|
(5) This section also applies to Parts I.2 to
XIII, with such modifications as the
circumstances require.
|
|
|
(2) Subsection (1) applies to the 2001 and
subsequent taxation years.
|
|
|
149. (1) Paragraph 152(4)(b) of the Act is
amended by adding the following after
subparagraph (iii):
|
|
|
(iii.1) is made, if the taxpayer is
non-resident and carries on a business in
Canada, as a consequence of
|
|
|
(A) an allocation by the taxpayer of
revenues or expenses as amounts in
respect of the Canadian business (other
than revenues and expenses that relate
solely to the Canadian business, that
are recorded in the books of account of
the Canadian business, and the
documentation in support of which is
kept in Canada), or
|
|
|
(B) a notional transaction between the
taxpayer and its Canadian business,
where the transaction is recognized for
the purposes of the computation of an
amount under this Act or an applicable
tax treaty.
|
|
|
(2) Paragraph 152(6)(c.1) of the Act is
replaced by the following:
|
|
|
(c.1) a deduction under section 119 in
respect of a disposition in a subsequent
taxation year,
|
|
|
(3) Subsection 152(6) of the Act is
amended by adding the following after
paragraph (f):
|
|
|
(f.1) a deduction under subsection 126(2) in
respect of an unused foreign tax credit
(within the meaning assigned by subsection
126(7)), or under subsection 126(2.21) or
(2.22) in respect of foreign taxes paid, for a
subsequent taxation year,
|
|
|
(f.2) a deduction under subsection 128.1(8)
as a result of a disposition in a subsequent
taxation year,
|
|
|
(4) Section 152 of the Act is amended by
adding the following after subsection (6):
|
|
Reassessment
where amount
included in
income under
subsection
91(1) is
reduced
|
(6.1) Where
|
|
|
(a) a taxpayer has filed for a particular
taxation year the return of income required
by section 150,
|
|
|
(b) the amount included in computing the
taxpayer's income for the particular year
under subsection 91(1) is subsequently
reduced because of a reduction in the
foreign accrual property income of a
foreign affiliate of the taxpayer for a
taxation year of the affiliate that ends in the
particular year and is
|
|
|
(i) attributable to the amount prescribed
to be the deductible loss of the affiliate
for the year that arose in a subsequent
year of the affiliate that ends in a
subsequent taxation year of the taxpayer,
and
|
|
|
(ii) included in the description of F of the
definition ``foreign accrual property
income'' in subsection 95(1) in respect of
the affiliate for the year, and
|
|
|
(c) the taxpayer has filed with the Minister,
on or before the filing-due-date for the
taxpayer's subsequent taxation year, a
prescribed form amending the return,
|
|
|
the Minister shall reassess the taxpayer's tax
for any relevant taxation year (other than a
taxation year preceding the particular taxation
year) in order to take into account the
reduction in the amount included under
subsection 91(1) in computing the income of
the taxpayer for the year.
|
|
|
(5) Section 152 of the Act is amended by
adding the following after subsection (9):
|
|
Where tax
deemed not to
be assessed
|
(10) Notwithstanding any other provision
of this section, an amount of tax for which
adequate security is accepted by the Minister
under subsection 220(4.5) or (4.6) is, until the
end of the period during which the security is
accepted by the Minister, deemed for the
purpose of any agreement entered into by or
on behalf of the Government of Canada under
section 7 of the Federal-Provincial Fiscal
Arrangements Act not to have been assessed
under this Act.
|
|
|
(6) Subsection (1) applies to the 2000 and
subsequent taxation years.
|
|
|
(7) Subsections (2), (3) and (5) apply to
taxation years that end after October 1,
1996.
|
|
|
(8) In respect of
|
|
|
(a) a deduction under section 119 of the
Act, as enacted by subsection 102(2), or
an adjustment under subsection 128.1(8)
of the Act, as enacted by subsection
123(5), in respect of a disposition by a
taxpayer, or
|
|
|
(b) a deduction under subsection
126(2.21) or (2.22) of the Act, as enacted
by subsection 117(6), in respect of foreign
taxes paid by a taxpayer,
|
|
|
the taxpayer is deemed to have filed the
prescribed form described in subsection
152(6) of the Act in a timely manner if the
taxpayer files the form with the Minister of
National Revenue on or before the later of
the day on or before which the taxpayer
would, but for this subsection, be required
to file the form and the taxpayer's
filing-due date for the taxation year that
includes the day on which this Act receives
royal assent.
|
|
|
(9) Subsection (4) applies to taxation
years of foreign affiliates that begin after
November 1999.
|
|
|
150. (1) Subsection (2) applies in respect
of an individual if, at any particular time
after October 1, 1996 and before the day
that is two years before the day on which
this Act receives royal assent,
|
|
|
(a) the individual ceased to be resident in
Canada; or
|
|
|
(b) where the individual is a trust, the
trust made a distribution of property to
which subsection 107(2) of the Act does
not apply solely because of the
application of subsection 107(5) of the
Act, as enacted by subsection 80(18).
|
|