GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 (a)
qualifying services means services that are (a) rendered to an employer by an employee of the employer, which employee was non-resident throughout the period during which the services were rendered; (b) rendered to an employer by an employee of the employer, other than services that were (i) rendered primarily in Canada, (ii) rendered primarily in connection with a business carried on by the employer in Canada, or (iii) a combination of services described in subparagraphs (i) and (ii); (c) rendered in a particular calendar month to an employer by an employee of the employer, which employee (i) was resident in Canada throughout no more than 60 months during the 72-month period that ends at the end of the particular month, and (ii) became a member of, or a beneficiary under, the plan or trust under which benefits in respect of the services may be provided (or a similar plan or trust for which the plan or the trust was substituted) before the end of the calendar month following the month in which the employee became resident in Canada; or (d) any combination of services that are qualifying services determined without reference to this paragraph. ( services admissibles )
Income Tax Act — I-3.3 (a)
resident beneficiary under a trust at any time means a person (other than a person that is at that time a successor beneficiary under the trust or an exempt person) that is, at that time, a beneficiary under the trust if, at that time, (a) the person is resident in Canada; and (b) there is a connected contributor to the trust. ( bénéficiaire résident )
Income Tax Act — I-3.3
resident contributor , to a trust at any time, means a person that is, at that time, resident in Canada and a contributor to the trust, but — if the trust was created before 1960 by a person who was non-resident when the trust was created — does not include an individual (other than a trust) who has not, after 1959, made a contribution to the trust. ( contribuant résident )
Income Tax Act — I-3.3 (a)
restricted property of a person or partnership means property that the person or partnership holds and that is (a) a share (or a right to acquire a share) of the capital stock of a closely held corporation if the share or right, or a property for which the share or right was substituted, was at any time acquired by the person or partnership as part of a transaction or series of transactions under which (i) a specified share of the capital stock of a closely held corporation was acquired by any person or partnership in exchange for, as consideration for or upon the conversion of any property and the cost of the specified share to the person who acquired it was less than the fair market value of the specified share at the time of the acquisition, or (ii) a share (other than a specified share) of the capital stock of a closely held corporation becomes a specified share of the capital stock of the corporation; (b) an indebtedness or other obligation, or a right to acquire an indebtedness or other obligation, of a closely held corporation if (i) the indebtedness, obligation or right, or property for which the indebtedness, obligation or right was substituted, became property of the person or partnership as part of a transaction or series of transactions under which (A) a specified share of the capital stock of a closely held corporation was acquired by any person or partnership in exchange for, as consideration for or upon the conversion of any property and the cost of the specified share to the person who acquired it was less than the fair market value of the specified share at the time of the acquisition, or (B) a share (other than a specified share) of a closely held corporation becomes a specified share of the capital stock of the corporation, and (ii) the amount of any payment under the indebtedness, obligation or right (whether the right to the amount is immediate or future, absolute or contingent or conditional on or subject to the exercise of any discretion by any person or partnership) is, directly or indirectly, determined primarily by one or more of the following criteria: (A) the fair market value of, production from or use of any of the property of the closely held corporation, (B) gains or profits from the disposition of any of the property of the closely held corporation, (C) income, profits, revenue or cash flow of the closely held corporation, or (D) any other criterion similar to a criterion referred to in any of clauses (A) to (C); and (c) property (i) that the person or partnership acquired as part of a series of transactions described in paragraph (a) or (b) in respect of another property, and (ii) the fair market value of which is derived in whole or in part, directly or indirectly, from that other property. ( bien d’exception )
Income Tax Act — I-3.3 (a)
specified party in respect of a particular person at any time means (a) the particular person’s spouse or common-law partner at that time; (b) a corporation that at that time (i) is a controlled foreign affiliate of the particular person or their spouse or common-law partner, or (ii) would be a controlled foreign affiliate of a partnership, of which the particular person is a majority-interest partner, if the partnership were a person resident in Canada at that time; (c) a person, or a partnership of which the particular person is a majority-interest partner, for which it is reasonable to conclude that the benefit referred to in subparagraph (8)(a)(iv) was conferred (i) in contemplation of the person becoming after that time a corporation described by paragraph (b), or (ii) to avoid or minimize a liability that arose, or that would otherwise have arisen, under this Part with respect to the particular person; or (d) a corporation in which the particular person, or partnership of which the particular person is a majority-interest partner, is a shareholder if (i) the corporation is at or before that time a beneficiary under a trust, and (ii) the particular person or the partnership is a beneficiary under the trust solely because of the application of paragraph (b) of the definition beneficiary in this subsection to the particular person or the partnership in respect of the corporation. ( tiers déterminé )
Income Tax Act — I-3.3
specified share means a share of the capital stock of a corporation other than a share that is a prescribed share for the purpose of paragraph 110(1)(d). ( action déterminée )
Income Tax Act — I-3.3 (a)
specified time in respect of a trust for a taxation year of the trust means (a) if the trust exists at the end of the taxation year, the time that is the end of that taxation year; and (b) in any other case, the time in that taxation year that is immediately before the time at which the trust ceases to exist. ( moment déterminé )
Income Tax Act — I-3.3 (a)
successor beneficiary at any time under a trust means a person that is a beneficiary under the trust solely because of a right of the person to receive any of the trust’s income or capital, if under that right the person may so receive that income or capital only on or after the death after that time of an individual who, at that time, is alive and (a) is a contributor to the trust; (b) is related to (in this definition including an uncle, aunt, niece or nephew of) a contributor to the trust; or (c) would have been related to a contributor to the trust if every individual who was alive before that time were alive at that time. ( bénéficiaire remplaçant )
Income Tax Act — I-3.3
trust includes, for greater certainty, an estate. ( fiducie )
Income Tax Act — I-3.3 94.1
 making the additional amount available to the other person was to increase the value of the property, the total of all amounts each of which is the amount, if any, by which such an additional amount exceeds any increase in the cost amount to the taxpayer of the property by virtue of that additional amount, C is the total of all amounts each of which is an amount included in respect of the offshore investment fund property by virtue of this section in computing the taxpayer’s income for a preceding taxation year, and D is (a) where the taxpayer has held or has had the interest in the property at all times since the end of 1984, the amount, if any, by which the fair market value of the property at the end of 1984 exceeds the cost amount to the taxpayer of the property at the end of 1984, or (b) in any other case, the total of (i) the amount, if any, by which the fair market value of the property at the particular time the taxpayer acquired the property exceeds the cost amount to the taxpayer of the property at the particular time, and (ii) the amount, if any, by which (A) the total of all amounts each of which is an amount that would have been included in respect of the property because of this section in computing the taxpayer’s income for a taxation year that began before June 20, 1996 if the cost to the taxpayer of the property were equal to the fair market value of the property at the particular time exceeds (B) the total of all amounts each of which is an amount that was included in respect of the property because of this section in computing the taxpayer’s income for a taxation year that began before June 20, 1996, except that the designated cost of an offshore investment fund property that is a prescribed offshore investment fund property is nil; ( coût désigné ) non-resident entity at any time means (a) a corporation that is at that time non-resident, (b) a partnership, organization, fund or entity that is at that time non-resident or is not at that time situated in Canada, or (c) an exempt foreign trust (other than a trust described in any of paragraphs (a) to (g) of the definition exempt foreign trust in subsection 94(1)). ( entité non-résidente ) Interpretation (3) Where subsection 94.1(1) is applied with respect to an offshore investment fund property that was (a) held by the taxpayer on February 15, 1984, (b) received as a stock dividend in respect of a share of the capital stock of a non-resident entity held by the taxpayer on February 15, 1984, (c) received as a stock dividend in respect of a share of the capital stock of a non-resident entity that the taxpayer had previously received as described in paragraph 94.1(3)(b), or (d) substituted for a property held by the taxpayer on February 15, 1984 pursuant to an arrangement that existed on that date, the reference to “1984” in the descriptions of B and in the definition designated cost in subsection 94.1(2) shall be read as a reference to “1985”. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 94.1; 1998, c. 19, s. 121; 2013, c. 34, s. 8
Income Tax Act — I-3.3 (a)
designated cost to a taxpayer at any time in a taxation year of an offshore investment fund property that the taxpayer holds or has an interest in means the amount determined by the formula A + B + C + D where A is the cost amount to the taxpayer of the property at that time (determined without reference to paragraphs 53(1)(m) and 53(1)(q), subparagraph 53(2)(c)(i.3), paragraphs 53(2)(g) and 53(2)(g.1) and section 143.2), B is, where an additional amount has been made available by a person to another person after 1984 and before that time, whether by way of gift, loan, payment for a share, transfer of property at less than its fair market value or otherwise, in circumstances such that it may reasonably be concluded that one of the main reasons for so making the additional amount available to the other person was to increase the value of the property, the total of all amounts each of which is the amount, if any, by which such an additional amount exceeds any increase in the cost amount to the taxpayer of the property by virtue of that additional amount, C is the total of all amounts each of which is an amount included in respect of the offshore investment fund property by virtue of this section in computing the taxpayer’s income for a preceding taxation year, and D is (a) where the taxpayer has held or has had the interest in the property at all times since the end of 1984, the amount, if any, by which the fair market value of the property at the end of 1984 exceeds the cost amount to the taxpayer of the property at the end of 1984, or (b) in any other case, the total of (i) the amount, if any, by which the fair market value of the property at the particular time the taxpayer acquired the property exceeds the cost amount to the taxpayer of the property at the particular time, and (ii) the amount, if any, by which (A) the total of all amounts each of which is an amount that would have been included in respect of the property because of this section in computing the taxpayer’s income for a taxation year that began before June 20, 1996 if the cost to the taxpayer of the property were equal to the fair market value of the property at the particular time exceeds (B) the total of all amounts each of which is an amount that was included in respect of the property because of this section in computing the taxpayer’s income for a taxation year that began before June 20, 1996, except that the designated cost of an offshore investment fund property that is a prescribed offshore investment fund property is nil; ( coût désigné )
Income Tax Act — I-3.3 (a)
non-resident entity at any time means (a) a corporation that is at that time non-resident, (b) a partnership, organization, fund or entity that is at that time non-resident or is not at that time situated in Canada, or (c) an exempt foreign trust (other than a trust described in any of paragraphs (a) to (g) of the definition exempt foreign trust in subsection 94(1)). ( entité non-résidente )
Income Tax Act — I-3.3 94.2
ds a written request, served personally or by registered mail, to a taxpayer requesting additional information for the purpose of enabling the Minister to determine the fair market value of interests in a trust for the purpose of determining the application of subsections (1) to (3) for a taxation year to the taxpayer, and information that may reasonably be considered to be sufficient to make the determination is not received by the Minister within 120 days (or within any longer period that is acceptable to the Minister) after the Minister sends the request, then in applying this section for the taxation year to the taxpayer the fair market value of those interests is deemed to be the fair market value as reasonably determined by the Minister based on the information received by the Minister within 120 days (or within any longer period that is acceptable to the Minister) after the Minister sends the request and any other information the Minister considers reasonable. Tracking interests (5) If the condition in subparagraph (1)(b)(i) is met at any time in a taxation year in respect of a particular class of fixed interests of a trust that are tracking interests (within the meaning assigned by subsection 95(8)) in respect of the trust, and subsection 95(11) would apply in the absence of subsection 95(13) in respect of the trust for the taxation year, (a) despite subsection 95(13), subsection 95(11) applies in respect of the trust for the year; (b) the separate corporation described in subsection 95(11) in respect of those tracking interests is deemed to be controlled by each of the beneficiary and the particular person referred to in subsection (1) in respect of the trust at that time; and (c) subsection (3) applies to that separate corporation, with such modifications as the context requires, as if that separate corporation were a trust referred to in paragraph (2)(a), for the purpose of determining the amount to be included under subsection 91(1) by the beneficiary or particular person in respect of shares of the capital stock of the separate corporation for the year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2013, c. 34, s. 9; 2014, c. 39, s. 24 2024, c. 15, s. 23 2026, c. 3, s. 28
Income Tax Act — I-3.3 95
er is to avoid, prevent or defer the inclusion of any amount in the income of the taxpayer under subsection 91(1). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 95; 1994, c. 7, Sch. II, s. 71, c. 21, s. 43; 1995, c. 21, ss. 32, 46, 78; 1998, c. 19, ss. 122, 305; 1999, c. 22, s. 25; 2001, c. 17, s. 73; 2007, c. 35, s. 26; 2009, c. 2, s. 25; 2013, c. 34, ss. 33, 70, 121, 227; 2014, c. 39, s. 25; 2016, c. 7, ss. 12, 62, c. 12, s. 31; 2017, c. 33, s. 30; 2018, c. 27, s. 7 2023, c. 26, s. 20 2024, c. 15, s. 24 2024, c. 17, s. 21 2026, c. 3, s. 29
Income Tax Act — I-3.3 (a)
active business of a foreign affiliate of a taxpayer means any business carried on by the foreign affiliate other than (a) an investment business carried on by the foreign affiliate, (b) a business that is deemed by subsection (2) to be a business other than an active business carried on by the foreign affiliate, or (c) a non-qualifying business of the foreign affiliate; ( entreprise exploitée activement )
Income Tax Act — I-3.3 (a)
antecedent corporation of a particular corporation means (a) a predecessor corporation (within the meaning assigned by subsection 87(1)) in respect of an amalgamation to which subsection 87(11) applied and by which the particular corporation was formed, (b) a predecessor corporation (within the meaning of subsection 87(1)) of the corporation (referred to in this definition as the “first amalco”) that was formed on an amalgamation of the predecessor corporation and another corporation, where (i) shares of the capital stock of the predecessor corporation that were not owned by the other corporation, or by a corporation of which the other corporation is a subsidiary wholly-owned corporation, were exchanged on the amalgamation for shares of the capital stock of the first amalco that were, during the series of transactions or events that includes the amalgamation, redeemed, acquired or cancelled by the first amalco for money, (ii) the first amalco was a predecessor corporation (within the meaning assigned by subsection 87(1)) in respect of an amalgamation to which subsection 87(11) applied and by which the particular corporation was formed, and (iii) the amalgamation referred to in subparagraph (i) occurred in a series of transactions or events that included the amalgamation referred to in subparagraph (ii), (c) a corporation that was wound-up into the particular corporation in a winding-up to which subsection 88(1) applied, or (d) an antecedent corporation of an antecedent corporation of the particular corporation; ( société antécédente )
Income Tax Act — I-3.3 (a)
calculating currency for a taxation year of a foreign affiliate of a taxpayer means (a) the currency of the country in which the foreign affiliate is resident at the end of the taxation year, or (b) any currency that the taxpayer demonstrates to be reasonable in the circumstances; ( monnaie de calcul )
Income Tax Act — I-3.3 (a)
controlled foreign affiliate , at any time, of a taxpayer resident in Canada, means (a) a foreign affiliate of the taxpayer that is, at that time, controlled by the taxpayer, or (b) a foreign affiliate of the taxpayer that would, at that time, be controlled by the taxpayer if the taxpayer owned (i) all of the shares of the capital stock of the foreign affiliate that are owned at that time by the taxpayer, (ii) all of the shares of the capital stock of the foreign affiliate that are owned at that time by persons who do not deal at arm’s length with the taxpayer, (iii) all of the shares of the capital stock of the foreign affiliate that are owned at that time by the persons (each of whom is referred to in this definition as a “relevant Canadian shareholder”), in any set of persons not exceeding four (which set of persons shall be determined without reference to the existence of or the absence of any relationship, connection or action in concert between those persons), who (A) are resident in Canada, (B) are not the taxpayer or a person described in subparagraph (ii), and (C) own, at that time, shares of the capital stock of the foreign affiliate, and (iv) all of the shares of the capital stock of the foreign affiliate that are owned at that time by persons who do not deal at arm’s length with any relevant Canadian shareholder; ( société étrangère affiliée contrôlée )
Income Tax Act — I-3.3 (a)
designated acquired corporation of a taxpayer means a particular antecedent corporation of the taxpayer if (a) the taxpayer or another antecedent corporation of the taxpayer acquired control of (i) the particular antecedent corporation, or (ii) a corporation (referred to in this definition as a “successor corporation”) of which the particular antecedent corporation is an antecedent corporation, and (b) immediately before the acquisition of control or a series of transactions or events that includes the acquisition of control, the taxpayer, the other antecedent corporation or a corporation resident in Canada of which the taxpayer or the other antecedent corporation is a subsidiary wholly-owned corporation, as the case may be, dealt at arm’s length (otherwise than because of a right referred to in paragraph 251(5)(b)) with the particular antecedent corporation or the successor corporation, as the case may be; ( société acquise désignée )
Income Tax Act — I-3.3 (a)
designated liquidation and dissolution , of a foreign affiliate (referred to in this definition as the “disposing affiliate”) of a taxpayer, means a liquidation and dissolution of the disposing affiliate in respect of which (a) the taxpayer had, immediately before the time of the earliest distribution of property by the disposing affiliate in the course of the liquidation and dissolution, a surplus entitlement percentage in respect of the disposing affiliate of not less than 90%, (b) both (i) the percentage determined by the following formula is greater than or equal to 90%: A/B where A is the amount, if any, by which (A) the total of all amounts each of which is the fair market value, at the time at which it is distributed, of a property that is distributed by the disposing affiliate, in respect of shares of the capital stock of the disposing affiliate, in the course of the liquidation and dissolution to one particular shareholder of the disposing affiliate that was, immediately before the time of the distribution, a foreign affiliate of the taxpayer exceeds (B) the total of all amounts each of which is an amount owing (other than an unpaid dividend) by, or an obligation of, the disposing affiliate that was assumed or cancelled by the particular shareholder in consideration for a property referred to in clause (A), and B is the amount, if any, by which (A) the total of all amounts each of which is the fair market value, at the time at which it is distributed, of a property that is distributed by the disposing affiliate, in respect of shares of the capital stock of the disposing affiliate, to a shareholder of the disposing affiliate in the course of the liquidation and dissolution exceeds (B) the total of all amounts each of which is an amount owing (other than an unpaid dividend) by, or an obligation of, the disposing affiliate that was assumed or cancelled by a shareholder of the disposing affiliate in consideration for a property referred to in clause (A), and (ii) at the time of each distribution of property by the disposing affiliate in the course of the liquidation and dissolution in respect of shares of the capital stock of the disposing affiliate, the particular shareholder holds shares of that capital stock that would, if an annual general meeting of the shareholders of the disposing affiliate were held at that time, entitle it to 90% or more of the votes that could be cast under all circumstances at the meeting, or (c) one particular shareholder of the disposing affiliate that was, throughout the liquidation and dissolution, a foreign affiliate of the taxpayer owns not less than 90% of the issued shares of each class of the capital stock of the disposing affiliate throughout the liquidation and dissolution; ( liquidation et dissolution désignées )