Income Tax Act — I-3.3 237.3
rson who entered into the avoidance transaction for the benefit of the particular person, has or had contractual protection in respect of the avoidance transaction or series, otherwise than as a result of a fee described in paragraph (a), or (ii) an advisor or promoter in respect of the avoidance transaction or series, or any person who does not deal at arm’s length with the advisor or promoter, has or had contractual protection in respect of the avoidance transaction or series, otherwise than as a result of a fee described in paragraph (a). ( opération à déclarer ) solicitor-client privilege [Repealed, 2023, c. 26, s. 68] tax benefit has the meaning assigned by subsection 245(1). ( avantage fiscal ) tax treatment , of a person, means a treatment in respect of a transaction, or series of transactions, that the person uses, or plans to use, in a return of income or an information return (or would use in a return of income or an information return if a return of income or an information return were filed) and includes the person’s decision not to include a particular amount in a return of income or an information return. ( traitement fiscal ) transaction has the meaning assigned by subsection 245(1). ( opération ) Application (2) An information return in prescribed form and containing prescribed information in respect of a reportable transaction must be filed with the Minister by (a) every person for whom a tax benefit results, or for whom a tax benefit is expected to result based on the person’s tax treatment of the reportable transaction, from (i) the reportable transaction, (ii) any other reportable transaction that is part of a series of transactions that includes the reportable transaction, or (iii) a series of transactions that includes the reportable transaction; (b) every person who has entered into, for the benefit of a person described in paragraph (a), an avoidance transaction that is a reportable transaction; (c) every advisor or promoter in respect of the reportable transaction, or in respect of any other transaction that is part of a series of transactions that includes the reportable transaction, who is or was entitled, either immediately or in the future and either absolutely or contingently, to a fee in respect of any of those transactions that is (i) described in paragraph (a) of the definition reportable transaction in subsection (1), or (ii) in respect of contractual protection provided in circumstances described in paragraph (c) of the definition reportable transaction in subsection (1); and (d) every person who is not dealing at arm’s length with an advisor or promoter in respect of the reportable transaction and who is or was entitled, either immediately or in the future and either absolutely or contingently, to a fee that is referred to in paragraph (c). Clarification of reporting transactions in series (3) For greater certainty, and subject to subsection (11), if subsection (2) applies to a person in respect of each reportable transaction that is part of a series of transactions that includes an avoidance transaction, the filing of a prescribed form by the person that reports each transaction in the series is deemed to satisfy the obligation of the person under subsection (2) in respect of each transaction so reported. Clerical or secretarial services (4) For greater certainty, subsection (2) does not apply to a person solely because the person provided clerical services or secretarial services with respect to a reportable transaction. Time for filing return (5) An information return required under subsection (2) to be filed with the Minister for a reportable transaction must be filed by (a) a person described in paragraph (2)(a) or (b) on or before the particular day that is 90 days after the earliest of (i) the day on which the person becomes contractually obligated to enter into the reportable transaction, (ii) the day on which the person enters into the reportable transaction, and (iii) if the person