GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 (a)
release or surrender means (a) a release or surrender made under the laws of a province (other than the Province of Quebec) that does not direct in any manner who is entitled to benefit therefrom, or (b) a gift inter vivos made under the laws of the Province of Quebec of an interest in, or right to property of, a succession that is made to the person or persons who would have benefited if the donor had made a renunciation of the succession that was not made in favour of any person, and that is made within the period ending 36 months after the death of the taxpayer or, where written application therefor has been made to the Minister by the taxpayer’s legal representative within that period, within such longer period as the Minister considers reasonable in the circumstances. ( abandon )
Income Tax Act — I-3.3 249
mmediately before that time, a new taxation year of the taxpayer is deemed to begin at that time and, for the purpose of determining the taxpayer’s fiscal period after that time, the taxpayer is deemed not to have established a fiscal period before that time; and (b) subject to paragraph 128(1)(d), section 128.1 and paragraphs 142.6(1)(a) and 149(10)(a), and notwithstanding subsections (1) and (3), if the taxpayer is a corporation and the taxpayer’s taxation year that would, but for this subsection, have been its last taxation year that ended before that time, would, but for this paragraph, have ended within the seven-day period that ended immediately before that time, that taxation year is, except if the taxpayer is subject to a loss restriction event within that period, deemed to end immediately before that time, provided that the taxpayer so elects in its return of income under Part I for that taxation year. Trust transition from graduated rate estate (4.1) For a particular trust that is a testamentary trust, (a) its taxation year that otherwise includes a particular time is deemed to end immediately before the particular time if (i) the particular trust is an estate and the particular time is the first time after 2015 at which the estate is not a graduated rate estate, or (ii) the particular trust is not an estate and the particular time is immediately after 2015; and (b) if the particular trust exists at the particular time, (i) a new taxation year of the particular trust is deemed to begin at the particular time, and (ii) for the purpose of determining the particular trust’s fiscal period after the particular time, the particular trust is deemed not to have established a fiscal period before that time. Graduated rate estate (5) The period for which the accounts of a graduated rate estate are made up for the purposes of an assessment under this Act may not exceed 12 months, and no change in the time when that period ends may be made for the purposes of this Act without the concurrence of the Minister. (6) [Repealed, 2014, c. 39, s. 72] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 249; 1994, c. 7, Sch. II, s. 193, c. 21, s. 110; 1995, c. 3, s. 53, c. 21, s. 60; 2007, c. 2, s. 53, c. 29, s. 29; 2013, c. 34, s. 359, c. 40, s. 90; 2014, c. 39, s. 72; 2016, c. 12, s. 64
Income Tax Act — I-3.3 249.1
d (B) on or before the day that is the earliest filing-due date of any corporation that is a member of a partnership referred to in clause (A) for the first taxation year of the corporation ending after March 22, 2011; (b) as a consequence of the election, the fiscal period of each partnership to which the election applies is 12 months or less; (c) the election was made by a corporation that has the authority to act for the members of the partnership and each member of any other partnership described in relation to the partnership in subparagraph (1)(c)(ii) to (iv); and (d) no other election is filed with the Minister to end the fiscal period of the partnership, or of any other partnership described in relation to the partnership in subparagraph (1)(c)(ii) to (iv), on a day other than the particular day referred to in subsection (8) or (9), as the case may be. Deemed multi-tier alignment election (11) For the purposes of this Act, if paragraph (1)(c) applies to end the fiscal period of a partnership on December 31, 2011, a multi-tier alignment election under subsection (9) is deemed to have been made to end the fiscal period of the partnership on December 31, 2011. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1996, c. 21, s. 61; 1998, c. 19, s. 240; 1999, c. 22, s. 81; 2001, c. 17, s. 189; 2011, c. 24, s. 73; 2013, c. 34, s. 360; 2014, c. 39, s. 73; 2017, c. 33, s. 78 2023, c. 26, s. 74(F)
Income Tax Act — I-3.3 250
er a person or partnership (in this subsection referred to as the “holder”) holds an eligible interest in an eligible entity in subsections (6) to (6.04), the holder is deemed to hold all of the shares or interests, as the case may be, in the eligible entity held by (a) the holder; (b) if the holder is a corporation, (i) each corporation related to the holder, and (ii) each person, other than a corporation, or partnership that is affiliated with the holder; and (c) if the holder is not a corporation, each person or partnership affiliated with the holder. Residence of inter vivos trusts (6.1) For the purposes of provisions of this Act that apply to a trust for a taxation year only where the trust has been resident in Canada throughout the year, where a particular trust ceases at any time to exist and the particular trust was resident in Canada immediately before that time, the particular trust is deemed to be resident in Canada throughout the period that begins at that time and ends at the end of the year. (7) [Repealed, 2011, c. 24, s. 74] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 250; 1994, c. 7, Sch. II, s. 194, Sch. VII, s. 22, c. 21, s. 111; 1995, c. 3, s. 54; 1998, c. 19, ss. 67, 241; 1999, c. 22, s. 82; 2000, c. 12, s. 142, c. 19, s. 68; 2001, c. 17, s. 190; 2011, c. 24, s. 74; 2014, c. 39, s. 74 2021, c. 23, s. 62 2024, c. 17, s. 76
Income Tax Act — I-3.3 (a)
eligible entity , for a taxation year, means (a) a corporation that is deemed by subsection (6) to be resident in a country other than Canada for the year; (a.1) a corporation resident in Canada (if this Act were read without reference to subsection (4)) that satisfies the conditions set out in paragraphs (6)(a) and (b); or (b) a partnership or trust, if (i) it satisfies the conditions in subparagraph (6)(a)(i) or (ii), and (ii) all or substantially all its gross revenue for the year consists of any combination of amounts described in any of subparagraphs (6)(b)(i) to (iii). ( entité admissible )
Income Tax Act — I-3.3 (a)
eligible interest means (a) in respect of a corporation, shares of the capital stock of the corporation that (i) give the holders of those shares not less than 25% of the votes that could be cast at an annual meeting of the shareholders of the corporation, and (ii) have a fair market value that is not less than 25% of the fair market value of all the issued and outstanding shares of the capital stock of the corporation; (b) in respect of a trust, an interest as a beneficiary (as defined in subsection 108(1)) under the trust with a fair market value that is not less than 25% of the fair market value of all the interests of all beneficiaries under the trust; and (c) in respect of a partnership, an interest as a member of the partnership with a fair market value that is not less than 25% of the fair market value of all the membership interests in the partnership. ( participation admissible )
Income Tax Act — I-3.3 250.1
Non-resident person’s taxation year and income 250.1 For greater certainty, unless the context requires otherwise (a) a taxation year of a non-resident person shall be determined, except as otherwise permitted by the Minister, in the same manner as the taxation year of a person resident in Canada; and (b) a person for whom income for a taxation year is determined in accordance with this Act includes a non-resident person. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2001, c. 17, s. 191
Income Tax Act — I-3.3
related group means a group of persons each member of which is related to every other member of the group; ( groupe lié )
Income Tax Act — I-3.3
unrelated group means a group of persons that is not a related group. ( groupe non lié )
Income Tax Act — I-3.3
affiliated group of persons means a group of persons each member of which is affiliated with every other member. ( groupe de personnes affiliées )
Income Tax Act — I-3.3 (a)
contributor , to a trust, means a person who has at any time made a loan or transfer of property, either directly or indirectly, in any manner whatever, to or for the benefit of the trust other than, if the person deals at arm’s length with the trust at that time and is not immediately after that time a majority-interest beneficiary of the trust, (a) a loan made at a reasonable rate of interest; or (b) a transfer made for fair market value consideration. ( cotisant )
Income Tax Act — I-3.3
controlled means controlled, directly or indirectly in any manner whatever. ( contrôlé )
Income Tax Act — I-3.3 (a)
majority-interest beneficiary , of a trust at any time, means a person whose interest as a beneficiary, if any, at that time (a) in the income of the trust has, together with the interests as a beneficiary in the income of the trust of all persons with whom the person is affiliated, a fair market value that is greater than 50% of the fair market value of all the interests as a beneficiary in the income of the trust; or (b) in the capital of the trust has, together with the interests as a beneficiary in the capital of the trust of all persons with whom the person is affiliated, a fair market value that is greater than 50% of the fair market value of all the interests as a beneficiary in the capital of the trust. ( bénéficiaire détenant une participation majoritaire )
Income Tax Act — I-3.3 (a)
majority-interest group of beneficiaries , of a trust at any time, means a group of persons each of whom is a beneficiary under the trust at that time such that (a) if one person held the interests as a beneficiary of all of the members of the group, that person would be a majority-interest beneficiary of the trust; and (b) if any member of the group were not a member, the test described in paragraph (a) would not be met. ( groupe de bénéficiaires détenant une participation majoritaire )
Income Tax Act — I-3.3 (a)
majority-interest group of partners of a partnership means a group of persons each of whom has an interest in the partnership such that (a) if one person held the interests of all members of the group, that person would be a majority-interest partner of the partnership; and (b) if any member of the group were not a member, the test described in paragraph (a) would not be met. ( groupe d’associés détenant une participation majoritaire )
Income Tax Act — I-3.3 251.2
 a trust being subject to a loss restriction event at any time, not to apply; and (c) if, at any time as part of a series of transactions or events a person acquires a security (as defined in subsection 122.1(1)) and it can reasonably be concluded that one of the reasons for the acquisition, or for making any agreement or undertaking in respect of the acquisition, is to cause a condition in subparagraph (b)(v) or clause (b)(vi)(D) of the definition investment fund in subsection (1) to be satisfied at a particular time in respect of a trust, the condition is deemed not to be satisfied at the particular time in respect of the trust. Trusts — time of day (6) For the purposes of this Act, if a trust is subject to a loss restriction event at a particular time during a day, the trust is deemed to be subject to the loss restriction event at the beginning of that day and not at the particular time unless the trust elects in its return of income under Part I filed for its taxation year that ends immediately before the loss restriction event to have this subsection not apply. Filing and other deadlines (7) If at any time a trust is subject to a loss restriction event, in respect of the trust for its taxation year that ends immediately before that time, (a) the reference in paragraph 132(2.1)(a) to “the day that is 90 days after the end of the year” is to be read as “the balance-due day of the trust for the year”; (b) the reference in subsection 132(6.1) to “before the 91st day after the end of” is to be read as “on or before the balance-due day of the trust for”; (c) the reference in paragraph 150(1)(c) to “within 90 days from the end of” is to be read as “on or before the balance-due day of the trust for”; (d) the reference in subsection 204.7(1) to “Within 90 days from the end of each taxation year commencing after 1980” is to be read as “On or before the balance-due day of the trust for each taxation year”; (e) the reference in subsection 210.2(5), and in subsection 221(2) of the Income Tax Regulations , to “within 90 days after the end of” is to be read as “on or before the balance-due day of the trust for”; and (f) the references in subsections 202(8) and 204(2) of the Income Tax Regulations to “within 90 days from the end of” are to be read as “on or before the balance-due day of the trust for”. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2013, c. 40, s. 92; 2014, c. 39, s. 75; 2016, c. 12, s. 65
Income Tax Act — I-3.3
beneficiary has the same meaning as in subsection 251.1(3). ( bénéficiaire )
Income Tax Act — I-3.3
equity has the same meaning as in subsection 122.1(1) read without reference to paragraph (e) of the definition equity in that subsection. ( capitaux propres )
Income Tax Act — I-3.3 (a)
fixed interest , at any time of a person in a trust, means an interest of the person as a beneficiary (in this definition, determined without reference to subsection 248(25)) under the trust provided that no amount of the income or capital of the trust to be distributed at any time in respect of any interest in the trust depends on the exercise by any person of, or the failure by any person to exercise, any discretionary power, other than a power in respect of which it is reasonable to conclude that (a) the power is consistent with normal commercial practice; (b) the power is consistent with terms that would be acceptable to the beneficiaries under the trust if the beneficiaries were dealing with each other at arm’s length; and (c) the exercise of, or failure to exercise, the power will not materially affect the value of an interest as a beneficiary under the trust relative to the value of other such interests under the trust. ( participation fixe )
Income Tax Act — I-3.3 (a)
investment fund , at any time, means a trust, if (a) at all times throughout the period that begins at the later of March 21, 2013 and the end of the calendar year in which it is created and that ends at that time, the trust has a class of units outstanding that complies with the conditions prescribed for the purposes of paragraph 132(6)(c) determined without reference to paragraph 4801(b) of the Income Tax Regulations ; and (b) at all times throughout the period that begins at the later of March 21, 2013 and the time of its creation and that ends at that time, the trust (i) is resident in Canada, (ii) has no beneficiaries who may for any reason receive directly from the trust any of the income or capital of the trust, other than beneficiaries whose interests as beneficiaries under the trust are fixed interests described by reference to units of the trust, (iii) follows a reasonable policy of investment diversification, (iv) limits its undertaking to the investing of its funds in property, (v) does not alone, or as a member of a group of persons, control a corporation, and (vi) does not hold (A) property that the trust, or a person with which the trust does not deal at arm’s length, uses in carrying on a business, (B) real or immovable property, an interest in real property or an immovable, or a real right in an immovable, (C) Canadian resource property, foreign resource property, or an interest or right in Canadian resource property or foreign resource property, or (D) more than 20% of the securities of any class of securities of a person (other than an investment fund or a mutual fund corporation that would meet the conditions in this paragraph, other than in subparagraph (ii), if it were a trust), unless at that time (I) the securities (other than liabilities) of the person held by the trust have a total fair market value that is no more than 10% of the equity value of the person, and (II) the liabilities of the person held by the trust have a total fair market value that is no more than 10% of the fair market value of all of the liabilities of the person. ( fiducie de placement déterminée )
Income Tax Act — I-3.3
majority-interest beneficiary has the same meaning as in subsection 251.1(3) read without reference to the expression “, if any,” in the definition majority-interest beneficiary in that subsection. ( bénéficiaires détenant une participation majoritaire )
Income Tax Act — I-3.3
majority-interest group of beneficiaries has the same meaning as in subsection 251.1(3). ( groupe de bénéficiaires détenant une participation majoritaire )
Income Tax Act — I-3.3
majority-interest group of partners has the same meaning as in subsection 251.1(3). ( groupe d’associés détenant une participation majoritaire )
Income Tax Act — I-3.3
portfolio investment fund [Repealed, 2016, c. 12, s. 65]
Income Tax Act — I-3.3
specified right , held at any time by a person in respect of a trust, means a right under a contract, in equity or otherwise, to acquire, either immediately or in the future and either absolutely or contingently, equity of the trust, or to cause the trust to redeem or cancel equity of the trust, unless the right is not exercisable at that time because its exercise is contingent on the death, bankruptcy or permanent disability of an individual. ( droit déterminé )
Income Tax Act — I-3.3 (a)
subsidiary , of a particular person at any time, means a corporation, partnership or trust (in this definition referred to as the “subject entity”) where (a) the particular person holds at that time property (i) that is equity of the subject entity, or (ii) that derives all or part of its fair market value, directly or indirectly, from equity of the subject entity; and (b) the total of the following amounts is at that time equal to more than 50% of the equity value of the subject entity: (i) each amount that is the fair market value at that time of equity of the subject entity that is held at that time by the particular person or a person with whom the particular person is affiliated, and (ii) each amount (other than an amount described in subparagraph (i)) that is the portion of the fair market value at that time — derived directly or indirectly from equity of the subject entity — of a property that is held at that time by the particular person or a person with whom the particular person is affiliated. ( filiale )
Income Tax Act — I-3.3 252
Extended meaning of child 252 (1) In this Act, words referring to a child of a taxpayer include (a) a person of whom the taxpayer is the legal parent; (b) a person who is wholly dependent on the taxpayer for support and of whom the taxpayer has, or immediately before the person attained the age of 19 years had, in law or in fact, the custody and control; (c) a child of the taxpayer’s spouse or common-law partner; and (d) [Repealed, 2005, c. 33, s. 12] (e) a spouse or common-law partner of a child of the taxpayer. Relationships (2) In this Act, words referring to (a) a parent of a taxpayer include a person (i) whose child the taxpayer is, (ii) whose child the taxpayer had previously been within the meaning of paragraph 252(1)(b), or (iii) who is a parent of the taxpayer’s spouse or common-law partner; (b) a brother of a taxpayer include a person who is (i) the brother of the taxpayer’s spouse or common-law partner, or (ii) the spouse or common-law partner of the taxpayer’s sister; (c) a sister of a taxpayer include a person who is (i) the sister of the taxpayer’s spouse or common-law partner, or (ii) the spouse or common-law partner of the taxpayer’s brother; (d) a grandparent of a taxpayer include a person who is (i) the grandfather or grandmother of the taxpayer’s spouse or common-law partner, or (ii) the spouse or common-law partner of the taxpayer’s grandfather or grandmother; (e) an aunt or uncle of a taxpayer include the spouse or common-law partner of the taxpayer’s aunt or uncle, as the case may be; (f) a great-aunt or great-uncle of a taxpayer include the spouse or common-law partner of the taxpayer’s great-aunt or great-uncle, as the case may be; and (g) a niece or nephew of a taxpayer include the niece or nephew, as the case may be, of the taxpayer’s spouse or common-law partner. Extended meaning of spouse and former spouse (3) For the purposes of paragraph 56(1)(b), section 56.1, paragraphs 60(b) and (j), section 60.1, subsections 70(6) and (6.1), 73(1) and (5) and 104(4) and (5.1), the definition pre-1972 spousal trust in subsection 108(1), subsection 146(16), the definition survivor in subsection 146.2(1), subparagraph 146.3(2)(f)(iv), subsection 146.3(14), section 146.5, subsections 147(19) and 147.3(5) and (7), section 147.5, subsections 148(8.1) and (8.2), the definition qualifying transfer in subsection 207.01(1), and subsections 210(1) and 248(22) and (23), spouse and former spouse of a particular individual include another individual who is a party to a void or voidable marriage with the particular individual. (4) [Repealed, 2000, c. 12, s. 141(2)] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 252; 1994, c. 7, Sch. II, s. 196, Sch. VIII, s. 140, c. 21, s. 112; 1998, c. 19, s. 244; 2000, c. 12, ss. 141, 142, c. 19, s. 69; 2003, c. 15, s. 89; 2005, c. 33, s. 12; 2008, c. 28, s. 35; 2012, c. 31, s. 56; 2013, c. 34, s. 362 2021, c. 23, s. 63
Income Tax Act — I-3.3 252.1
Union employer 252.1 All the structural units of a trade union, including each local, branch, national and international unit, shall be deemed to be a single employer and a single entity for the purposes of the provisions of this Act and the regulations relating to (a) pension adjustments and past service pension adjustments for years after 1994; (b) the determination of whether a pension plan is, in a year after 1994, a multi-employer plan or a specified multi-employer plan (within the meanings assigned by subsection 147.1(1)); (c) the determination of whether a contribution made under a plan or arrangement is a resident’s contribution (within the meaning assigned by subsection 207.6(5.1)); and (d) the deduction or withholding and the remittance of any amount as required by subsection 153(1) in respect of a contribution made after 1991 under a retirement compensation arrangement. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1994, c. 21, s. 113