GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Underused Housing Tax Act — U-0.5
Minister means the Minister of National Revenue. ( ministre )
Underused Housing Tax Act — U-0.5 (a)
month means a period beginning on a particular day in a calendar month and ending on (a) the day immediately before the day in the next calendar month that has the same calendar number as the particular day; or (b) if the next calendar month does not have a day that has the same calendar number as the particular day, the last day of that next calendar month. ( mois )
Underused Housing Tax Act — U-0.5
officer means, except in the definition specified Canadian corporation in this section and in section 59 , a person who is appointed or employed in the administration or enforcement of this Act. ( préposé )
Underused Housing Tax Act — U-0.5 (a)
owner of a residential property means a person that is identified as an owner in respect of the residential property under the land registration system or other similar system applicable where the residential property is located, or that could reasonably be considered to be an owner in respect of the residential property based on such a system, and includes a person that (a) is a life tenant under a life estate in respect of the residential property, (b) is a life lease holder in respect of the residential property, (c) has, under a long-term lease, continuous possession of the land on which the residential property is situated, or (d) is a prescribed person, but does not include (e) a person that gives continuous possession of the land on which the residential property is situated to another person referred to in paragraph (b) or (c), or (f) a prescribed person. ( propriétaire )
Underused Housing Tax Act — U-0.5 (a)
ownership percentage , in respect of a particular person that is an owner of a residential property for a calendar year, means (a) if prescribed circumstances exist, a prescribed percentage; (b) if paragraph (a) does not apply, if section 4.1 applies in respect of the particular person, if the land registration system or other similar system applicable where the residential property is located does not separately indicate a percentage of the ownership in respect of the residential property for each capacity in respect of which this Act applies to the particular person as a separate person under section 4.1, if the particular person indicates a particular percentage in their return for the residential property for the calendar year and if the Minister is satisfied that the particular percentage reasonably reflects the particular person’s percentage of the ownership in respect of the residential property, the particular percentage; and (c) if paragraphs (a) and (b) do not apply, (i) if the land registration system or other similar system applicable where the residential property is located indicates that the particular person holds a percentage of the ownership in respect of the residential property, that percentage, (ii) if the land registration system or other similar system applicable where the residential property is located indicates that a group of persons that includes the particular person holds a percentage of the ownership in respect of the residential property, that percentage divided by the total number of persons in the group, and (iii) in any other case, the percentage determined by the formula (100% − A) ÷ B where A is the sum of all percentages, each of which is a percentage of the ownership in respect of the residential property that is indicated in the land registration system or other similar system applicable where the residential property is located as being held by another person or a group of persons, and B is the total number of persons, determined without reference to section 4.1, each of which is an owner of the residential property in respect of which no percentage of the ownership in respect of the residential property is indicated in the land registration system or other similar system applicable where the residential property is located. ( pourcentage de propriété )
Underused Housing Tax Act — U-0.5
permanent resident has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act . ( résident permanent )
Underused Housing Tax Act — U-0.5
personal representative , in respect of a deceased individual, means the executor of the individual’s will, the liquidator of the individual’s succession, the administrator of the estate of the individual or any person that is responsible under the appropriate law for the proper collection, administration, disposition and distribution of the assets of the estate or succession of the individual. ( représentant personnel )
Underused Housing Tax Act — U-0.5 (a)
prescribed means (a) in the case of a form or the manner of filing a form, authorized by the Minister; (b) in the case of the information to be given on or with a form, specified by the Minister; (c) in the case of the manner of making or filing an election, authorized by the Minister; and (d) in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation. ( Version anglaise seulement )
Underused Housing Tax Act — U-0.5
property tax means a tax levied by a province, provincial agency or municipality to finance services ordinarily provided by municipalities in Canada and computed by applying one or more rates to all or part of the assessed value of real or immovable property. ( impôt foncier )
Underused Housing Tax Act — U-0.5
record means any material on which representations, in any form, of information or concepts are recorded or marked and that is capable of being read or understood by a person or a computer system or other device. ( registre )
Underused Housing Tax Act — U-0.5 (a)
residential property means property (other than prescribed property) that is situated in Canada and that is (a) a detached house or similar building, containing not more than three dwelling units, together with that proportion of the appurtenances to the building and the land subjacent or immediately contiguous to the building that is reasonably necessary for its use and enjoyment as a place of residence for individuals; (b) a part of a building that is a semi-detached house, rowhouse unit, residential condominium unit or other similar premises that is, or is intended to be, a separate parcel or other division of real or immovable property owned, or intended to be owned, apart from any other unit in the building together with that proportion of any common areas and other appurtenances to the building and the land subjacent or immediately contiguous to the building that is attributable to the house, unit or premises and that is reasonably necessary for its use and enjoyment as a place of residence for individuals; or (c) a prescribed property. ( immeuble résidentiel )
Underused Housing Tax Act — U-0.5 (a)
specified Canadian corporation , in respect of a calendar year, means a corporation that is incorporated or continued under the laws of Canada or a province other than a corporation that is, on December 31 of the calendar year (a) a corporation in respect of which the following persons have ownership or control, directly or indirectly, of shares of the corporation representing 10% or more of the value of the equity in the corporation or carrying 10% or more of the voting rights under all or under some circumstances: (i) an individual who is neither a citizen nor a permanent resident, (ii) a corporation that is incorporated or continued otherwise than under the laws of Canada or a province, or (iii) any combination of individuals or corporations referred to in subparagraphs (i) and (ii); (b) a corporation without share capital having (i) a chairperson or other presiding officer who is neither a citizen nor a permanent resident, or (ii) 10% or more of its directors who are neither citizens nor permanent residents; or (c) a prescribed corporation. ( personne morale canadienne déterminée )
Underused Housing Tax Act — U-0.5 (a)
specified Canadian partnership , in respect of a calendar year, means (a) a partnership, each member of which is, on December 31 of the calendar year, (i) a person referred to in paragraph (c) of the definition excluded owner , (ii) a trust referred to in paragraph (a) of that definition, or (iii) a specified Canadian partnership; or (b) a prescribed partnership. ( société de personnes canadienne déterminée )
Underused Housing Tax Act — U-0.5 (a)
specified Canadian trust , in respect of a calendar year and a residential property, means (a) a trust under which each beneficiary having a beneficial interest in the residential property is, on December 31 of the calendar year, (i) a person referred to in paragraph (c) of the definition excluded owner , (ii) a trust referred to in paragraph (a) of that definition, or (iii) a specified Canadian partnership; or (b) a prescribed trust. ( fiducie canadienne déterminée )
Underused Housing Tax Act — U-0.5
tax means tax payable under this Act. ( taxe )
Underused Housing Tax Act — U-0.5 (a)
taxable value , in respect of a residential property for a calendar year, means an amount that is (a) a prescribed amount; or (b) if no amount is prescribed under paragraph (a), the greater of (i) the value established in respect of the residential property by an authority that has the power by or under an Act of Parliament or the legislature of a province to establish the assessed value of real or immovable property for the purpose of computing a property tax, and (ii) the residential property’s most recent sale price on or before December 31 of the calendar year. ( valeur imposable )
Underused Housing Tax Act — U-0.5 3
Meaning of administration or enforcement of this Act 3 For greater certainty, a reference in this Act to the administration or enforcement of this Act includes the collection of any amount payable under this Act.
Underused Housing Tax Act — U-0.5 4
Arm’s length 4 (1) For the purposes of this Act, (a) related persons are deemed not to deal with each other at arm’s length; and (b) it is a question of fact whether persons not related to each other are, at any particular time, dealing with each other at arm’s length. Related persons (2) For the purposes of this Act, persons are deemed to be related to each other if they are related persons within the meaning of subsections 251(2) to (6) of the Income Tax Act . Partnership (3) For the purposes of this Act, a member of a partnership is deemed to be related to the partnership.
Underused Housing Tax Act — U-0.5 4.1
Owner — multiple capacities 4.1 If a person is an owner of a residential property in the person’s capacity as a partner of a partnership or a trustee of a trust, this Act applies to the person as if the person were a separate person in respect of (a) each partnership for which the person is an owner of the residential property in the person’s capacity as a partner of the partnership; (b) each trust for which the person is an owner of the residential property in the person’s capacity as a trustee of the trust; and (c) all other capacities in which the person is an owner of the residential property. 2024, c. 17, s. 137
Underused Housing Tax Act — U-0.5 5
Binding on Her Majesty 5 This Act is binding on Her Majesty in right of Canada or a province.
Underused Housing Tax Act — U-0.5 6
esidential property in relation to an owner. Exception — multiple residential properties (10) If, on December 31 of a calendar year, an individual who is neither a citizen nor a permanent resident is an owner of a particular residential property and either the individual or the individual’s spouse or common-law partner who is neither a citizen nor a permanent resident is an owner of one or more other residential properties (which particular and other residential properties are referred to as the “specified residential properties” in this subsection), the following rules apply: (a) subsection (8) does not apply to the specified residential properties for the calendar year, other than the residential property in respect of which an election made under subsection (11) or (12) has been filed under subsection (13) in respect of the calendar year; and (b) for the purposes of subsection (1), the individual and the individual’s spouse or common-law partner are excluded individuals in relation to an owner of any of the specified residential properties for the calendar year, other than the residential property in respect of which an election made under subsection (11) or (12) has been filed under subsection (13) in respect of the calendar year. Election (11) If, on December 31 of a calendar year, an individual who is neither a citizen nor a permanent resident is an owner of two or more residential properties and it is not the case that the individual has a spouse or common-law partner (other than a citizen or permanent resident) who is an owner of a residential property, the individual may elect to designate one of those residential properties for the calendar year for the purposes of subsection (10). Not more than one election may be made by the individual for the calendar year. Joint election (12) If, on December 31 of a calendar year, an individual who is neither a citizen nor a permanent resident and is an owner of one or more residential properties and the individual’s spouse or common-law partner who is neither a citizen nor a permanent resident is an owner of one or more residential properties, the individual and the individual’s spouse or common-law partner may jointly elect to designate one of those residential properties for the calendar year for the purposes of subsection (10). Not more than one joint election may be made by the individual and the individual’s spouse or common-law partner for the calendar year. Form and manner of filing (13) An election under subsection (11) or (12) to designate a residential property for a calendar year is to be made in prescribed form containing prescribed information and is to be filed with the Minister in prescribed manner on or before (a) April 30 of the following calendar year; or (b) any later day that the Minister may allow. 2022, c. 5, s. 10 “6” 2022, c. 19, s. 114 2024, c. 17, s. 138
Underused Housing Tax Act — U-0.5 6.1
Return not required 6.1 Despite sections 7 and 10, a person is not required to file a return for a residential property for 2025 and subsequent calendar years. 2026, c. 3, s. 168
Underused Housing Tax Act — U-0.5 7
Return required 7 (1) A person that, on December 31 of a calendar year, is an owner of a residential property (other than an excluded owner of the residential property) is required to file a return for the residential property for the calendar year. Return not required — regulations (2) Despite subsection (1), a person is not required to file a return for a residential property for a calendar year if the person is a prescribed person or if the residential property is a prescribed property. Return required — regulations (3) Despite subsection (1), a person is required to file a return for a residential property for a calendar year if the person is a prescribed person. 2022, c. 5, s. 10 “7” 2024, c. 17, s. 139
Underused Housing Tax Act — U-0.5 8
Form and content 8 A person that is required under section 7 to file a return for a residential property for a calendar year must (a) make the return in prescribed form containing prescribed information and file it with the Minister in prescribed manner on or before April 30 of the following calendar year; and (b) indicate in the return the amount of tax, if any, determined by the formula in subsection 6 (3) in respect of the residential property for the calendar year.
Underused Housing Tax Act — U-0.5 9
Definition of electronic filing 9 (1) For the purposes of this section, electronic filing means using electronic media in a manner specified in writing by the Minister. Electronic filing of return (2) The Minister may require that a return under this Act be filed by way of electronic filing. Acceptance (3) A return under this Act filed by way of electronic filing is deemed to be filed with the Minister on the day on which the Minister acknowledges acceptance of it.
Underused Housing Tax Act — U-0.5 10
Demand for return 10 The Minister may, on demand sent by the Minister, require a person to file, within any reasonable time stipulated in the demand, a return under this Act for any calendar year designated in the demand.
Underused Housing Tax Act — U-0.5 11
rement for the receiver to file the return, file with the Minister in the prescribed form and manner a return for that calendar year that relates to the businesses, properties, affairs or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person during that calendar year. Certificates for receivers and representatives (4) Every receiver and representative that controls property of another person that is required to pay any amount under this Act must, before distributing the property to any person, obtain a certificate from the Minister certifying that the following amounts have been paid or that security for the payment of them has, in accordance with this Act, been accepted by the Minister: (a) all amounts that are payable by the other person under this Act in respect of the calendar year during which the distribution is made, or any previous calendar year; and (b) all amounts that are, or can reasonably be expected to become, payable under this Act by the representative or receiver in that capacity in respect of the calendar year during which the distribution is made, or any previous calendar year. Liability for failure to obtain certificate (5) Any receiver or representative that distributes property without obtaining a certificate in respect of the amounts referred to in subsection (4) is personally liable for the payment of those amounts to the extent of the value of the property so distributed.
Underused Housing Tax Act — U-0.5
bankrupt has the same meaning as in section 2 of the Bankruptcy and Insolvency Act . ( failli )
Underused Housing Tax Act — U-0.5
business includes a part of a business. ( entreprise )
Underused Housing Tax Act — U-0.5 (a)
receiver means a person that (a) under the authority of a debenture, bond or other debt security, of a court order or of an Act of Parliament or of the legislature of a province, is empowered to operate or manage a business or a property of another person; (b) is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or a property of the debtor under the debt security; (c) is appointed by a bank to act as an agent or mandatary of the bank in the exercise of the authority of the bank under subsection 426(3) of the Bank Act in respect of property of another person; (d) is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation; or (e) is appointed as a committee, guardian, curator, tutor or mandatary in case of incapacity with the authority to manage and care for the affairs and assets of an individual who is incapable of managing those affairs and assets. It includes a person that is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person, but, if a person is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person, it does not include that creditor. ( séquestre )
Underused Housing Tax Act — U-0.5 (a)
relevant assets of a receiver means (a) if the receiver’s authority relates to all the properties, businesses, affairs and assets of a person, all those properties, businesses, affairs and assets; and (b) if the receiver’s authority relates to only part of the properties, businesses, affairs or assets of a person, that part of the properties, businesses, affairs or assets. ( actif pertinent )
Underused Housing Tax Act — U-0.5
representative means a person, other than a trustee in bankruptcy or a receiver, that is administering, winding up, controlling or otherwise dealing with any property, business, estate or succession of another person. ( représentant )
Underused Housing Tax Act — U-0.5 12
Definitions 12 (1) The following definitions apply in this section. tax benefit means a reduction, an avoidance or a deferral of an amount of tax or other amount payable by a person under this Act or an increase in an amount payable to a person under this Act. ( avantage fiscal ) tax consequences to a person means the amount of tax or other amount payable by, or payable to, the person under this Act or any other amount that is relevant for the purposes of computing that amount. ( attribut fiscal ) transaction includes an arrangement or event. ( opération ) General anti-avoidance provision (2) If a transaction is an avoidance transaction, the tax consequences to a person must be determined as is reasonable in the circumstances in order to deny a tax benefit that, but for this section, would result directly or indirectly from that transaction or from a series of transactions that include that transaction. Avoidance transaction (3) An avoidance transaction means any transaction (a) that, but for this section, would result directly or indirectly in a tax benefit, unless the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the tax benefit; or (b) that is part of a series of transactions, which series, but for this section, would result directly or indirectly in a benefit, unless the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the tax benefit. Provision not applicable (4) For greater certainty, subsection (2) does not apply in respect of a transaction if it may reasonably be considered that the transaction would not result directly or indirectly in a misuse of the provisions of this Act or in an abuse having regard to the provisions of this Act (other than this section) read as a whole. Determination of tax consequences (5) Without restricting the generality of subsection (2), in determining the tax consequences to a person, as is reasonable in the circumstances, in order to deny a tax benefit that would, but for this section, result directly or indirectly from an avoidance transaction (a) the nature of any payment or other amount may be recharacterized; and (b) the effects that would otherwise result from the application of other provisions of this Act may be ignored. Exception (6) Despite any other provision of this Act, the tax consequences to any person following the application of this section must only be determined through an assessment, reassessment or additional assessment involving the application of this section.
Underused Housing Tax Act — U-0.5
tax benefit means a reduction, an avoidance or a deferral of an amount of tax or other amount payable by a person under this Act or an increase in an amount payable to a person under this Act. ( avantage fiscal )
Underused Housing Tax Act — U-0.5
tax consequences to a person means the amount of tax or other amount payable by, or payable to, the person under this Act or any other amount that is relevant for the purposes of computing that amount. ( attribut fiscal )
Underused Housing Tax Act — U-0.5
transaction includes an arrangement or event. ( opération )