GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Regulations — 5700
 treatment of diabetes or a device designed to enable a diabetic to measure the diabetic’s blood sugar level; (s.1) blood coagulation monitor, including disposable peripherals, for use by an individual who requires anti-coagulation therapy; (t) electronic or computerized environmental control system designed exclusively for the use of an individual with a severe and prolonged mobility restriction; (u) extremity pump or elastic support hose designed exclusively to relieve swelling caused by chronic lymphedema; (v) inductive coupling osteogenesis stimulator for treating non-union of fractures or aiding in bone fusion; (w) talking textbook for use by an individual with a perceptual disability in connection with the individual’s enrolment at an educational institution in Canada, or a designated educational institution; (x) Bliss symbol board, or similar device, designed to be used to help an individual who has a speech impairment communicate by selecting the symbols or spelling out words; (y) Braille note-taker designed to be used by a blind individual to allow them to take notes (that can be read back to them or printed or displayed in Braille) with the help of a keyboard; (z) page turner, designed to be used by an individual who has a severe and prolonged impairment that markedly restricts their ability to use their arms or hands to turn the pages of a book or other bound document; (z.1) altered auditory feedback device designed to be used by an individual who has a speech impairment; (z.2) electrotherapy device designed to be used by an individual with a medical condition or by an individual who has a severe mobility impairment; (z.3) standing device designed to be used by an individual who has a severe mobility impairment to undertake standing therapy; or (z.4) pressure pulse therapy device designed to be used by an individual who has a balance disorder; (z.5) navigation device for low vision for an individual who has a vision impairment. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/80-948, s. 1; SOR/85-696, s. 17; SOR/87-716, s. 1; SOR/90-809, s. 1; SOR/94-189, s. 1; SOR/99-387, s. 1; SOR/2001-4, s. 1; SOR/2007-212, s. 3; 2009, c. 2, s. 109; 2012, c. 19, s. 18 SOR/2024-231, s. 13(E) 2026, c. 3, s. 111
Income Tax Regulations — 5701
5701 For the purpose of subparagraph 118.2(2)(n)(ii) of the Act, a drug, medicament or other preparation or substance is prescribed if it (a) is manufactured, sold or represented for use in the diagnosis, treatment or prevention of a disease, disorder or abnormal physical state, or its symptoms, or in restoring, correcting or modifying an organic function; (b) is prescribed for a patient by a medical practitioner; and (c) may, in the jurisdiction in which it is acquired, be lawfully acquired for use by the patient only with the intervention of a medical practitioner. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2009, c. 2, s. 110
Income Tax Regulations — 5800
) of the Act, with respect to the application of paragraph 230(4)(a) of the Act, the required retention period for records and books of account that are required to be kept pursuant to section 230.1 of the Act is prescribed to be the period ending on the day that is two years after the end of the last calendar year to which the records or books of accounts relate. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/81-725, s. 6; SOR/82-879, s. 2; SOR/94-686, ss. 51(F), 79(F); 2011, c. 24, s. 87 2019, c. 29, s. 58
Income Tax Regulations — 5801
5801 [Repealed, SOR/81-725, s. 6] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/81-725, s. 6
Income Tax Regulations — 5900
re in respect of which an election is made under subsection 93(1) of the Act) to the corporation, the corporation may, in its return of income under Part I of the Act for its taxation year in which the dividend was received by it, designate an amount not exceeding the portion of the dividend received that would, but for this subsection, be prescribed to have been paid out of the affiliate’s exempt surplus in respect of the corporation and that amount (a) is prescribed to have been paid out of the affiliate’s taxable surplus in respect of the corporation and not to have been paid out of that exempt surplus; and (b) for the purposes of paragraph (1)(d) and the definitions underlying foreign tax and underlying foreign tax applicable in subsection 5907(1) is deemed to have been paid by the affiliate to the corporation as a separate whole dividend on the shares of that class of the capital stock immediately after that time, and that whole dividend is deemed to have been paid out of the affiliate’s taxable surplus in respect of the corporation. (3) For the purposes of subsection 91(5) of the Act, if a person resident in Canada (other than a corporation) receives a dividend on a share of any class of the capital stock of a foreign affiliate of the person, the dividend is prescribed to have been paid out of the affiliate’s taxable surplus. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/94-686, s. 79(F); SOR/97-505, s. 2; 2013, c. 34, ss. 40, 78
Income Tax Regulations — 5902
a share disposed of by the corporation, the day on or before which the corporation’s return of income for its taxation year in which the disposition was made is required to be filed pursuant to subsection 150(1) of the Act, or (ii) in respect of a share disposed of by another foreign affiliate of the corporation, the day on or before which the corporation’s return of income for its taxation year, in which the taxation year of the foreign affiliate in which the disposition was made ends, is required to be filed pursuant to subsection 150(1) of the Act, as the case may be. (6) If at any time a corporation resident in Canada is deemed under subsection 93(1.11) of the Act to have made an election under subsection 93(1) of the Act in respect of a disposition of a share of the capital stock of a particular foreign affiliate of the corporation, the prescribed amount is the lesser of (a) the capital gain, if any, otherwise determined in respect of the disposition of the share; and (b) the amount that would reasonably be expected to have been received in respect of the share if the particular affiliate had at that time paid dividends, on all shares of its capital stock, the total of which was equal to the amount determined under subparagraph (1)(a)(i) to be its net surplus in respect of the corporation for the purposes of the election. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/80-141, s. 1; SOR/82-910, s. 1; SOR/85-176, s. 1; SOR/89-135, s. 1; SOR/94-686, s. 79(F); SOR/97-505, s. 4; 2013, c. 34, ss. 41, 80
Income Tax Regulations — 5904
ate if the controlled foreign affiliate were the foreign affiliate referred to in subparagraph (i), for each of the taxation years of the controlled foreign affiliate ending in the taxation year of the affiliate, and (B) each such amount that the controlled foreign affiliate would receive from any other controlled foreign affiliate of the taxpayer in which it had an equity percentage. (3) For the purposes of subsection (2), (a) the net surplus of a foreign affiliate of a person resident in Canada is, in respect of that person, to be computed as if that person were a corporation resident in Canada; (b) if a particular foreign affiliate of a corporation has an equity percentage (within the meaning assigned by subsection 95(4) of the Act) in another foreign affiliate of the corporation that has an equity percentage in the particular affiliate, the net surplus of, or the amount of a distribution received by, the particular affiliate is to be determined in a manner that is (i) reasonable in the circumstances, and (ii) consistent with the results that would be obtained if a series of actual distributions had been made and received by the foreign affiliates of the corporation that are relevant to the determination; (c) if any controlled foreign affiliate of a taxpayer resident in Canada has issued shares of more than one class of its capital stock, the amount that would be distributed to the holders of shares of any class is such portion of the amount determined under subparagraph (2)(b)(ii) as, in the circumstances, it might reasonably be expected to distribute to the holders of those shares; and (d) in determining the distribution entitlement (i) of a class of shares of the capital stock of a foreign affiliate that is entitled to cumulative dividends, the amount of any distribution referred to in paragraph (2)(a) shall be deemed not to include any distribution in respect of such class that is, or would, if it were made, be referable to profits of a preceding taxation year, and (ii) of any other class of shares of the capital stock of the affiliate, the net surplus of the affiliate at the end of the year referred to in subparagraph (2)(b)(i) shall be deemed not to have been reduced by any distribution described in subparagraph (i) with respect to a class of shares that is entitled to cumulative dividends to the extent that the distribution was referable to profits of a preceding taxation year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/78-913, s. 1; SOR/80-141, s. 3; SOR/94-686, s. 79(F); SOR/97-505, s. 6; 2013, c. 34, ss. 43, 83
Income Tax Regulations — 5905
e particular foreign affiliate of the corporation is of (ii) the amount determined under paragraph (10)(b) to be the net surplus of the particular affiliate in respect of the corporation at that time. (14) For the purposes of subsections (10), (11) and (13), equity percentage has the meaning that would be assigned by subsection 95(4) of the Act if the reference in paragraph (b) of the definition equity percentage in that subsection to “any corporation” were read as a reference to “any corporation other than a corporation resident in Canada”. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/80-141, s. 4; SOR/85-176, s. 3; SOR/94-686, s. 79(F); SOR/97-505, s. 7; 2013, c. 34, ss. 44, 84
Income Tax Regulations — 5907
tion exceeds (b) the amount that can reasonably be considered to be the portion of the notional income or profits tax refundable to the affiliate by the government of the particular country in relation to the loss or capital loss, as the case may be, of the affiliate from the notional actual disposition (determined on the assumptions that the notional actual disposition occurred immediately after the time that is immediately after the time of the deemed disposition and that the notional income or profits tax refundable to the affiliate by the government of the particular country in relation to the notional actual disposition is equal to the amount determined by paragraph (a)) that, because of a comprehensive agreement or convention for the elimination of double taxation on income between the government of the particular country and the government of any other country, would not have been refundable by the government of the particular country. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/78-211, s. 1; SOR/78-913, s. 2; SOR/80-141, s. 5; SOR/85-176, s. 4; SOR/88-165, s. 29(F); SOR/89-135, s. 3; SOR/94-686, ss. 31(F), 58(F); 69(F), 70(F), 78(F), 79(F); SOR/96-228, s. 2; SOR/97-505, s. 8; 2009, c. 2, s. 112; 2013, c. 34, ss. 46, 85, 401; 2014, c. 39, s. 88; 2017, c. 33, s. 97; 2018, c. 27, s. 39 2024, c. 15, s. 83 SOR/2024-231, s. 14 2026, c. 3, s. 112
Income Tax Regulations — Income Tax Regulations
active business has the meaning assigned by subsection 95(1) of the Act; ( entreprise exploitée activement )
Income Tax Regulations — Income Tax Regulations
controlled foreign affiliate has the meaning assigned by subsection 95(1) of the Act; ( société étrangère affiliée contrôlée )
Income Tax Regulations — (a)
designated person or partnership , in respect of a taxpayer at any time, means (a) the taxpayer, (b) a person or partnership that is at that time (i) a person (other than a partnership) that does not, at that time, deal at arm’s length with the taxpayer, or (ii) a partnership a member of which is, at that time, a designated person or partnership in respect of the taxpayer under this definition, and (c) if a foreign affiliate of the taxpayer is an original corporation that undergoes a division in respect of which subsection 15(1.5) of the Act applies, a new corporation in respect of the division; ( personne ou société de personnes désignée )
Income Tax Regulations — (a)
earnings of a foreign affiliate of a taxpayer resident in Canada for a taxation year of the affiliate from an active business means (a) in the case of an active business carried on by it in a country, (i) the income or profit from the active business for the year computed in accordance with the income tax law of the country in which the affiliate is resident, in any case where the affiliate is required by that law to compute that income or profit, (ii) the income or profit from the active business for the year computed in accordance with the income tax law of the country in which the business is carried on, in any case not described in subparagraph (i) where the affiliate is required by that law to compute that income or profit, and (iii) in any other case, the amount that would be the income from the active business for the year under Part I of the Act if the business were carried on in Canada, the affiliate were resident in Canada and the Act were read without reference to subsections 12.7(3), 18(4), 18.2(2), 18.4(4), 80(3) to (12), (15) and (17) and 80.01(5) to (11) and sections 80.02 to 80.04, adjusted in each case in accordance with subsections (2), (2.1), (2.2) and (2.9) and, for the purpose of this Part, to the extent that the earnings of an affiliate from an active business carried on by it cannot be attributed to a permanent establishment in any particular country, they shall be attributed to the permanent establishment in the country in which the affiliate is resident and, if the affiliate is resident in more than one country, to the permanent establishment in the country that may reasonably be regarded as the affiliate’s principal place of residence, and (b) in any other case, the total of all amounts each of which is an amount of income that would be required under paragraph 95(2)(a) or subsection 95(2.44) of the Act to be included in computing the affiliate’s income or loss from an active business for the year if that income were computed taking into account the rules in subsection (2.03); ( gains )
Income Tax Regulations — (a)
exempt deficit of a foreign affiliate of a corporation in respect of the corporation at any time means the amount, if any, by which (a) the total of all amounts each of which is an amount determined at that time under any of subparagraphs (i) to (vi) of the description of B in the definition exempt surplus in this subsection exceeds (b) the total of all amounts each of which is an amount determined at that time under any of subparagraphs (i) to (vii) of the description of A in that definition; ( déficit exonéré )
Income Tax Regulations — (a)
agraph arose in the course of an active business carried on by the other foreign affiliate referred to in that subparagraph the income or loss from which is included in computing its exempt earnings or exempt loss for a taxation year, (G) income that is required to be included in computing the particular affiliate’s income or loss from an active business for the year under subparagraph 95(2)(a)(iv) of the Act to the extent that the loans or lending assets referred to in that subparagraph arose in the course of an active business carried on by the other foreign affiliate referred to in that subparagraph the income or loss from which is included in computing its exempt earnings or exempt loss for a taxation year, (H) income that is required to be included in computing the particular affiliate’s income or loss from an active business for the year under subparagraph 95(2)(a)(v) of the Act, where all or substantially all of its income, from the property described in that subparagraph, is, or would be if there were income from the property, income from an active business (which, for this purpose, includes income that would be deemed to be income from an active business by paragraph 95(2)(a) of the Act if that paragraph were read without reference to its subparagraph (v) and, for greater certainty, excludes income arising as a result of the disposition of the property) that is included in computing its exempt earnings or exempt loss for a taxation year, (I) income that is required to be included in computing the particular affiliate’s income or loss from an active business for the year under subparagraph 95(2)(a)(vi) of the Act, where the agreement for the purchase, sale or exchange of currency referred to in that subparagraph can reasonably be considered to have been made by the particular affiliate to reduce its risk with respect to an amount of income or loss that is included in computing its exempt earnings or exempt loss for a taxation year, or (J) an amount that is required to be included in computing the particular affiliate’s income from an active business for the year under subsection 95(2.44) of the Act if the amount is in respect of income that would, in the absence of paragraph 95(2)(a.3) of the Act, be income from an active business carried on by the particular affiliate in a designated treaty country, or (e) where the year is the 1976 or any subsequent taxation year of the particular affiliate, each amount that is included in the particular affiliate’s exempt earnings for the year because of subsection (10), minus the portion of any income or profits tax paid to the government of a country for the year by the particular affiliate that can reasonably be regarded as tax in respect of the earnings referred to in paragraph (c) or in subparagraph (d)(ii); ( gains exonérés )
Income Tax Regulations — (a)
of the description of A, (iv) the portion of any whole dividend paid by the subject affiliate in the period and before the particular time deemed by paragraph 5901(1)(a) to have been paid out of the subject affiliate’s exempt surplus in respect of the corporation, (v) each amount that is required under section 5902 or 5905 to be included under this subparagraph, or subparagraph (1)(d)(xii) as it applies to taxation years that end before February 22, 1994, in the period and before the particular time, or (vi) an amount, in the period and before the particular time, deducted from the exempt surplus of the subject affiliate or added to its exempt deficit under subsection (1.092), (1.1) or (1.2); ( surplus exonéré )
Income Tax Regulations — (a)
hybrid deficit , of a foreign affiliate of a corporation in respect of the corporation at any time, means the amount, if any, by which (a) the total of all amounts each of which is an amount determined at that time under any of subparagraphs (i) to (vii) of the description of B in the definition hybrid surplus exceeds (b) the total of all amounts each of which is an amount determined at that time under any of subparagraphs (i) to (v) of the description of A in that definition; ( déficit hybride )
Income Tax Regulations — (a)
hybrid underlying tax applicable , in respect of a corporation to a whole dividend paid at any time on the shares of any class of the capital stock of a foreign affiliate of the corporation by the affiliate, means the proportion of the hybrid underlying tax of the affiliate at that time in respect of the corporation that (a) the portion of the whole dividend deemed to have been paid out of the affiliate’s hybrid surplus in respect of the corporation is of (b) the affiliate’s hybrid surplus at that time in respect of the corporation; ( montant intrinsèque d’impôt hybride applicable )
Income Tax Regulations — (a)
loss , of a foreign affiliate of a taxpayer resident in Canada for a taxation year of the affiliate from an active business, means (a) in the case of an active business carried on by it in a country, the amount of its loss for the year from the active business carried on in the country computed by applying the provisions of paragraph (a) of the definition earnings respecting the computation of earnings from that active business carried on in that country, with any modifications that the circumstances require, and (b) in any other case, the total of all amounts each of which is an amount of a loss that would be required under paragraph 95(2)(a) of the Act to be included in computing the affiliate’s income or loss from an active business for the year if that loss were computed taking into account the rules in subsection (2.03); ( perte )
Income Tax Regulations — (a)
 loss , as the case may be, is the amount, if any, by which (iv) the portion of the affiliate’s taxable capital gain for the year from the particular disposition that accrued after its 1975 taxation year exceeds (v) the portion of any income or profits tax paid to the government of a country for the year by the affiliate that can reasonably be regarded as tax that was paid for the year in respect of the amount determined under subparagraph (iv); ( gains nets )
Income Tax Regulations — (a)
ndebtedness, described in clause (c.1)(ii)(B) of that definition excluded property arising in respect of the acquisition of an excluded property of the affiliate any taxable capital gain or allowable capital loss from the disposition of which would, if that excluded property were disposed of, be included under any of paragraphs (c) to (e) of this definition or of the definition net earnings , as the case may be, is the amount, if any, by which (iv) the portion of the affiliate’s allowable capital loss for the year from the particular disposition that accrued after its 1975 taxation year exceeds (v) the portion of any income or profits tax refunded by the government of a country for the year to the affiliate that can reasonably be regarded as tax that was refunded in respect of the amount determined under subparagraph (iv); ( perte nette )