Tax credit
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(3) An eligible production corporation in
respect of an accredited production for a
taxation year is deemed to have paid on its
balance-due day for the year an amount on
account of its tax payable under this Part for
the year equal to 16% of its qualified
Canadian labour expenditure for the year in
respect of the production, if
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(2) Subsection (1) applies in respect of
Canadian labour expenditures incurred
after February 18, 2003.
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81. (1) Paragraph (a) of the definition
``flow-through mining expenditure'' in
subsection 127(9) of the Act is replaced by
the following:
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(2) The definition ``flow-through mining
expenditure'' in subsection 127(9) of the Act
is amended by adding the word ``and'' at
the end of paragraph (c), by striking out the
word ``and'' at the end of paragraph (d) and
by repealing paragraph (e).
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(3) Subsection 127(10.2) of the Act is
replaced by the following:
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Expenditure
limit
determined
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(10.2) For the purpose of subsection (10.1),
a corporation's expenditure limit for a
particular taxation year is the amount
determined by the formula
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($5,000,000 - 10A) x B/C
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where
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A is the greater of $300,000 and either
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B is the total of the business limits under
section 125 for the particular year of the
corporation and any such other
corporations for the particular year, and
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C is
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Expenditure
limits -
associated
CCPCs
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(10.21) Notwithstanding subsection (10.2),
the expenditure limit for a taxation year of a
corporation that is associated in the taxation
year with one or more other
Canadian-controlled private corporations is,
except as otherwise provided in this section,
nil.
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(4) Subsections (1) and (2) apply after
February 18, 2003.
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(5) Subsection (3) applies to taxation
years that end after 2002 except that, for
taxation years that immediately follow
taxation years that ended before 2003, the
reference in the formula in subsection
127(10.2) of the Act, as enacted by
subsection (3), to ``$5,000,000'' is to be read
as a reference to ``$4,000,000'' and the
reference to ``$300,000'' in the description
of A is to be read as a reference to
``$200,000''.
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82. (1) The definition ``refund of
premiums'' in subsection 146(1) of the Act
is replaced by the following:
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``refund of
premiums'' « remboursem ent de primes »
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``refund of premiums'' means any amount
paid out of or under a registered retirement
savings plan (other than a tax-paid amount
in respect of the plan) as consequence of the
death of the annuitant under the plan,
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(2) Paragraphs (a) and (b) of the
definition ``RRSP dollar limit'' in
subsection 146(1) of the Act are replaced by
the following:
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(3) Section 146 of the Act is amended by
adding the following after subsection (1):
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Restriction -
financially
dependent
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(1.1) For the purpose of paragraph (b) of the
definition ``refund of premiums'' in
subsection (1), clause 60(l)(v)(B.01) and
subparagraph 104(27)(e)(i), it is assumed,
unless the contrary is established, that an
individual's child or grandchild was not
financially dependent on the individual for
support immediately before the individual's
death if the income of the child or grandchild
for the taxation year preceding the taxation
year in which the individual died exceeded the
amount determined by the formula
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A + B
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where
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A is the amount used under paragraph (c) of
the description of B in subsection 118(1)
for that preceding taxation year; and
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B is nil, unless the financial dependency was
because of mental or physical infirmity, in
which case it is $6,180 adjusted for each
such preceding taxation year that is after
2002 in the manner set out in section
117.1.
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(4) Subsections (1) and (3) apply in
respect of deaths that occur after 2002.
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(5) Subsection (2) applies after 2002.
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83. (1) Paragraph 146.3(2)(a) of the Act is
replaced by the following:
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(2) The portion of paragraph
146.3(2)(e.1) of the Act before
subparagraph (i) is replaced by the
following:
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(3) The portion of paragraph
146.3(2)(e.2) of the Act before
subparagraph (i) is replaced by the
following:
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(4) Subsection 146.3(14) of the Act is
replaced by the following:
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Transfer on
breakdown of
marriage or
common-law
partnership
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(14) An amount is transferred from a
registered retirement income fund of an
annuitant in accordance with this subsection if
the amount
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Transfer to
money
purchase RPP
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(14.1) An amount is transferred from a
registered retirement income fund of an
annuitant in accordance with this subsection if
the amount is transferred at the direction of the
annuitant directly to a registered pension plan
of which, at any time before the transfer, the
annuitant was a member (within the meaning
assigned by subsection 147.1(1)) or to a
prescribed registered pension plan and
allocated to the annuitant under a money
purchase provision (within the meaning
assigned by subsection 147.1(1)) of the plan.
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Taxation of
amount
transferred
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(14.2) An amount transferred on behalf of
an individual in accordance with paragraph
(2)(e) or subsection (14) or (14.1)
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(5) Subsections (1) to (4) apply after 2003.
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84. (1) Paragraphs (g) to (j) of the
definition ``money purchase limit'' in
subsection 147.1(1) of the Act are replaced
by the following:
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(2) Subsection (1) applies after 2002.
However, for the purpose of determining a
pension credit of an individual for the 2002
calendar year under section 8308.1 or
8308.3 of the Income Tax Regulations or an
amount prescribed in respect of an
individual under section 8308.2 or 8309 of
the Income Tax Regulations for the 2003
calendar year, the money purchase limit for
2002 is deemed to be $14,500.
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85. (1) Subsection 181.1(1) of the Act is
replaced by the following:
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Tax payable
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181.1 (1) Every corporation shall pay a tax
under this Part for each taxation year equal to
the amount obtained by multiplying the
corporation's specified percentage for the
taxation year by the amount, if any, by which
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exceeds
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Specified
percentage
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(1.1) For the purpose of subsection (1), the
specified percentage of a corporation for a
taxation year that ends after 2003 is the total
of
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Exceptions
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(1.2) Notwithstanding subsection (1.1), for
the purposes of applying subsection 125(5.1)
and the definitions ``unused surtax credit'' in
subsections (6) and 190.1(5), the amount of
tax in respect of a corporation under
subsection (1) for a taxation year is to be
determined as if the specified percentage of
the corporation for the taxation year were
0.225%.
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(2) Subsection (1) applies to the 2004 and
subsequent taxation years.
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86. (1) Subsections 181.5(1) to (3) of the
Act are replaced by the following:
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Capital
deduction
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181.5 (1) Subject to subsection (1.1) , the
capital deduction of a corporation for a
taxation year is $50 million unless the
corporation is related to another corporation at
any time in the taxation year, in which case,
subject to subsection (4), its capital deduction
for the year is nil.
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Exceptions
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(1.1) For the purposes of applying
subsection 125(5.1), the definitions ``unused
surtax credit'' in subsections 181.1(6) and
190.1(5), and subsection 225.1(8), the amount
of tax in respect of a corporation under
subsection 181.1(1) for a taxation year is to be
determined as if the reference to ``$50
million'' in subsection (1) were a reference to
``$10 million''.
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Related
corporations
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(2) Subject to subsection (4.1), a
corporation that is related to any other
corporation at any time in a taxation year of
the corporation that ends in a calendar year
may file with the Minister in prescribed form
an agreement on behalf of the related group of
which the corporation is a member under
which an amount that does not exceed $50
million is allocated among all corporations
that are members of the related group for each
taxation year of each such corporation ending
in the calendar year and at a time when it was
a member of the related group.
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Allocation by
Minister
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(3) Subject to subsection (4.1) , the Minister
may request a corporation that is related to any
other corporation at the end of a taxation year
to file with the Minister an agreement referred
to in subsection (2) and, if the corporation
does not file such an agreement within 30 days
after receiving the request, the Minister may
allocate an amount among the members of the
related group of which the corporation is a
member for the taxation year not exceeding
$50 million .
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(2) Section 181.5 of the Act is amended by
adding the following after subsection (4):
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Exceptions
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(4.1) For the purposes of applying
subsection 125(5.1), the definitions ``unused
surtax credit'' in subsections 181.1(6) and
190.1(5), and subsection 225.1(8),
subsections (2) to (4) are to be read as if the
amount determined under subsection (2) or
(3), as the case may be, in respect of the
corporation for the taxation year were that
proportion of $10 million that the amount
otherwise determined in respect of the
corporation for the taxation year under that
subsection is of $50 million.
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(3) Subsections (1) and (2) apply to the
2004 and subsequent taxation years.
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