GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 219
 year, (ii) in respect of policy reserves, the insurer’s maximum tax actuarial reserves for its 1968 taxation year for life insurance policies issued by it in the course of carrying on its life insurance business in Canada, and (iii) in respect of other assets and liabilities, the amounts thereof determined as of the end of that year for the purpose of computing its income for its 1969 taxation year; ( déficit accumulé pour 1968 ) attributed surplus of an insurer for a taxation year has the meaning assigned by regulation; ( surplus attribué ) Canadian investment fund has the meaning prescribed for that expression; ( fonds de placement canadien ) maximum tax actuarial reserves has the meaning assigned by subsection 138(12); ( provision actuarielle maximale aux fins d’impôt ) surplus funds derived from operations has the meaning assigned by subsection 138(12); ( fonds excédentaire résultant de l’activité ) tax deferred account of a qualified related corporation at any time means the amount determined by the formula A - B where A is the total of all amounts each of which is an amount in respect of which the qualified related corporation and a non-resident insurer have elected jointly before that time in accordance with subsection 219(5.2), and B is the total of all amounts each of which is the amount of a dividend deemed by subsection 219(5.3) to have been paid by the qualified related corporation before that time. ( compte d’impôt différé ) Meaning of qualified related corporation (8) For the purposes of this Part, a corporation is a qualified related corporation of a particular corporation if it is resident in Canada and all of the issued and outstanding shares (other than directors’ qualifying shares) of its capital stock (having full voting rights under all circumstances) are owned by (a) the particular corporation, (b) a subsidiary wholly-owned corporation of the particular corporation, (c) a corporation of which the particular corporation is a subsidiary wholly-owned corporation, (d) a subsidiary wholly-owned corporation of a corporation of which the particular corporation is also a subsidiary wholly-owned corporation, or (e) any combination of corporations each of which is a corporation described in paragraph 219(8)(a), 219(8)(b), 219(8)(c) or 219(8)(d), and, for the purpose of this subsection, a subsidiary wholly-owned corporation of a particular corporation includes any subsidiary wholly-owned corporation of a corporation that is a subsidiary wholly-owned corporation of the particular corporation. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 219; 1994, c. 7, Sch. II, s. 180, Sch. VIII, s. 126; 1997, c. 25, s. 65; 1998, c. 19, s.219; 2001, c. 17, s. 177; 2003, c. 15, s. 128, c. 28, s. 17; 2013, c. 34, s. 159, c. 40, s. 84
Income Tax Act — I-3.3 (a)
accumulated 1968 deficit of a life insurer means such amount as can be established by the insurer to be its deficit as of the end of its 1968 taxation year from carrying on its life insurance business in Canada on the assumption that the amounts of its assets and liabilities (including reserves of any kind) (a) as of the end of any taxation year before its 1968 taxation year, were the amounts thereof determined for the purposes of the Superintendent of Insurance for Canada or other similar officer, and (b) as of the end of its 1968 taxation year, were (i) in respect of depreciable property, the capital cost thereof as of the first day of its 1969 taxation year, (ii) in respect of policy reserves, the insurer’s maximum tax actuarial reserves for its 1968 taxation year for life insurance policies issued by it in the course of carrying on its life insurance business in Canada, and (iii) in respect of other assets and liabilities, the amounts thereof determined as of the end of that year for the purpose of computing its income for its 1969 taxation year; ( déficit accumulé pour 1968 )
Income Tax Act — I-3.3
attributed surplus of an insurer for a taxation year has the meaning assigned by regulation; ( surplus attribué )
Income Tax Act — I-3.3
Canadian investment fund has the meaning prescribed for that expression; ( fonds de placement canadien )
Income Tax Act — I-3.3
maximum tax actuarial reserves has the meaning assigned by subsection 138(12); ( provision actuarielle maximale aux fins d’impôt )
Income Tax Act — I-3.3
surplus funds derived from operations has the meaning assigned by subsection 138(12); ( fonds excédentaire résultant de l’activité )
Income Tax Act — I-3.3
tax deferred account of a qualified related corporation at any time means the amount determined by the formula A - B where A is the total of all amounts each of which is an amount in respect of which the qualified related corporation and a non-resident insurer have elected jointly before that time in accordance with subsection 219(5.2), and B is the total of all amounts each of which is the amount of a dividend deemed by subsection 219(5.3) to have been paid by the qualified related corporation before that time. ( compte d’impôt différé )
Income Tax Act — I-3.3 219.1
cular share of the capital stock of a foreign affiliate of the corporation owned by the corporation immediately before the emigration time that may reasonably be considered to relate to a share of the capital stock of a subject corporation that was previously owned by the corporation and for which the particular share was substituted, or (iii) the fair market value of a debt obligation, other than a pertinent loan or indebtedness (as defined in subsection 212.3(11)), of a subject corporation that is owned by the corporation immediately before the emigration time. Assigned meanings from section 212.3 (5) For the purposes of subsections (3) and (4), CRIC and subject corporation have the meaning assigned to those terms by subsection 212.3(1) and investment has the same meaning as in subsection 212.3(10). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 219.1; 1994, c. 21, s. 99; 1998, c. 19, s. 220; 2012, c. 31, s. 51; 2014, c. 39, s. 66 2021, c. 23, s. 54
Income Tax Act — I-3.3 219.2
Limitation on rate of branch tax 219.2 Notwithstanding any other provision of this Act, where an agreement or convention between the Government of Canada and the government of another country that has the force of law in Canada (a) does not limit the rate of tax under this Part on corporations resident in that other country, and (b) provides that, where a dividend is paid by a corporation resident in Canada to a corporation resident in that other country that owns all of the shares of the capital stock of the corporation resident in Canada, the rate of tax imposed on the dividend shall not exceed a specified rate, any reference in section 219 to a rate of tax shall, in respect of a taxation year of a corporation to which that agreement or convention applies on the last day of that year, be read as a reference to the specified rate. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 219.2; 1994, c. 21, s. 100
Income Tax Act — I-3.3 219.3
Effect of tax treaty 219.3 For the purpose of section 219.1, where an agreement or convention between the Government of Canada and the government of another country that has the force of law in Canada provides that the rate of tax imposed on a dividend paid by a corporation resident in Canada to a corporation resident in the other country that owns all of the shares of the capital stock of the corporation resident in Canada shall not exceed a specified rate, the reference in section 219.1 to “25%” shall, in respect of a corporation that ceased to be resident in Canada and to which the agreement or convention applies at the beginning of its first taxation year after its taxation year that is deemed by paragraph 128.1(4)(a) to have ended, be read as a reference to the specified rate unless it can reasonably be concluded that one of the main reasons that the corporation became resident in the other country was to reduce the amount of tax payable under this Part or Part XIII. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1994, c. 21, s. 100; 1998, c. 19, s. 220.1
Income Tax Act — I-3.3 221.01
Providing information returns in electronic format 221.01 A person may provide an information return electronically under subsection 209(5) of the Income Tax Regulations if the criteria specified by the Minister are met. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2017, c. 20, s. 28
Income Tax Act — I-3.3 221.1
Application of interest 221.1 For greater certainty, where an amendment to this Act or an amendment or enactment that relates to this Act applies to or in respect of any transaction, event or time, or any taxation year, fiscal period or other period of time or part thereof (in this section referred to as the “application time”) occurring, or that is, before the day on which the amendment or enactment is assented to or promulgated, for the purposes of the provisions of this Act that provide for payment of, or liability to, any interest, the amendment or enactment shall, unless a contrary intention is evident, be deemed to have come into force at the beginning of the last taxation year beginning before the application time. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1994, c. 7, Sch. II, s. 183
Income Tax Act — I-3.3 221.2
Re-appropriation of amounts 221.2 (1) Where a particular amount was appropriated to an amount (in this section referred to as the “debt”) that is or may become payable by a person under any enactment referred to in paragraphs 223(1)(a) to 223(1)(d), the Minister may, on application by the person, appropriate the particular amount, or a part thereof, to another amount that is or may become payable under any such enactment and, for the purposes of any such enactment, (a) the later appropriation shall be deemed to have been made at the time of the earlier appropriation; (b) the earlier appropriation shall be deemed not to have been made to the extent of the later appropriation; and (c) the particular amount shall be deemed not to have been paid on account of the debt to the extent of the later appropriation. Re-appropriation of amounts (2) If a particular amount was appropriated to an amount (in this section referred to as the “debt”) that is or may become payable by a person under this Act, the Excise Tax Act , the Air Travellers Security Charge Act , the Excise Act, 2001 , the Underused Housing Tax Act , the Select Luxury Items Tax Act or the Global Minimum Tax Act , the Minister may, on application by the person, appropriate the particular amount, or a part of it, to another amount that is or may become payable under any of those Acts and, for the purposes of any of those Acts, (a) the later appropriation is deemed to have been made at the time of the earlier appropriation; (b) the earlier appropriation is deemed not to have been made to the extent of the later appropriation; and (c) the particular amount is deemed not to have been paid on account of the debt to the extent of the later appropriation. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1994, c. 7, Sch. VIII, s. 128; 2006, c. 4, s. 165 2022, c. 5, s. 29 2022, c. 10, s. 160 2022, c. 10, s. 173 2024, c. 15, s. 116 2024, c. 17, s. 100 2024, c. 17, s. 111 2026, c. 3, s. 146
Income Tax Act — I-3.3 222
fore effect (10) Notwithstanding any order or judgment made after March 3, 2004 that declares a tax debt not to be payable by a taxpayer, or that orders the Minister to reimburse to a taxpayer a tax debt collected by the Minister, because a limitation period that applied to the collection of the tax debt ended before royal assent to any measure giving effect to this section, the tax debt is deemed to have become payable on March 4, 2004. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 222; 2004, c. 22, s. 50; 2010, c. 25, s. 65
Income Tax Act — I-3.3
action means an action to collect a tax debt of a taxpayer and includes a proceeding in a court and anything done by the Minister under subsection 129(2), 131(3), 132(2) or 164(2), section 203 or any provision of this Part. ( action )
Income Tax Act — I-3.3
tax debt means any amount payable by a taxpayer under this Act. ( dette fiscale )
Income Tax Act — I-3.3 222.1
Court costs 222.1 Where an amount is payable by a person to Her Majesty because of an order, judgment or award of a court in respect of the costs of litigation relating to a matter to which this Act applies, subsections 220(4) and 220(4.2) and sections 223, 224 to 225 and 226 apply to the amount as if the amount were a debt owing by the person to Her Majesty on account of tax payable by the person under this Act. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1998, c. 19, s. 223
Income Tax Act — I-3.3 223
ing interest if the Minister’s consent had been given at the time the process was issued or the charge, lien, priority or binding interest was created, as the case may be, shall be bound, seized, attached, charged or otherwise affected as it would be if that consent had been given at the time the process was issued or the charge, lien, priority or binding interest was created, as the case may be. Completion of notices, etc. (10) If information required to be set out by any sheriff or other person in a minute, notice or document required to be completed for any purpose cannot, by reason of subsection 223(9), be so set out, the sheriff or other person shall complete the minute, notice or document to the extent possible without that information and, when the consent of the Minister is given under that subsection, a further minute, notice or document setting out all the information shall be completed for the same purpose, and the sheriff or other person having complied with this subsection is deemed to have complied with the Act, regulation or rule requiring the information to be set out in the minute, notice or document. Application for an order (11) A sheriff or other person who is unable, by reason of subsection 223(9) or 223(10), to comply with any law or rule of court is bound by any order made by a judge of the Federal Court, on an ex parte application by the Minister, for the purpose of giving effect to the proceeding, charge, lien, priority or binding interest. Deemed security (11.1) When a charge, lien, priority or binding interest created under subsection 223(6) by filing, registering or otherwise recording a memorial under subsection 223(5) is registered in accordance with subsection 87(1) of the Bankruptcy and Insolvency Act , it is deemed (a) to be a claim that is secured by a security and that, subject to subsection 87(2) of that Act, ranks as a secured claim under that Act; and (b) to also be a claim referred to in paragraph 86(2)(a) of that Act. Details in certificates and memorials (12) Notwithstanding any law of Canada or of a province, in any certificate made under subsection 223(2) in respect of a debtor, in any memorial evidencing the certificate or in any writ or document issued for the purpose of collecting an amount certified, it is sufficient for all purposes (a) to set out, as the amount payable by the debtor, the total of amounts payable by the debtor without setting out the separate making up that total; and (b) to refer to the rate of interest to be charged on the separate amounts making up the amount payable in general terms as interest at the rate prescribed under this Act applicable from time to time on amounts payable to the Receiver General without indicating the specific rates of interest to be charged on each of the separate amounts or to be charged for any particular period of time. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 223; 1994, c. 7, Sch. VIII, s. 129; 1996, c. 23, s. 187; 1998, c. 19, s. 224; 2000, c. 30, s. 175(E); 2013, c. 34, s. 160 2024, c. 17, s. 69
Income Tax Act — I-3.3 223.1
Application of ss. 223(1) to (8) and (12) 223.1 (1) Subsections 223(1) to 223(8) and 223(12) are applicable with respect to certificates made under section 223 or section 223 of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, after 1971 and documents evidencing such certificates that were issued by the Federal Court and that were filed, registered or otherwise recorded after 1977 under the laws of a province, except that, where any such certificate or document was the subject of an action pending in a court on February 10, 1988 or the subject of a court decision given on or before that date, section 223 shall be read, for the purposes of applying it with respect to that certificate or document, as section 223 of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, read at the time the certificate was registered or the document was issued, as the case may be. Application of ss. 223(9) to (11) (2) Subsections 223(9) to 223(11) are applicable with respect to certificates made under section 223, or section 223 of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, after September 13, 1988. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1988, c. 55, s. 168
Income Tax Act — I-3.3
secured creditor means a person who has a security interest in the property of another person or who acts for or on behalf of that person with respect to the security interest and includes a trustee appointed under a trust deed relating to a security interest, a receiver or receiver-manager appointed by a secured creditor or by a court on the application of a secured creditor, a sequestrator or any other person performing a similar function; ( créancier garanti )
Income Tax Act — I-3.3
security interest means any interest in, or for civil law any right in, property that secures payment or performance of an obligation and includes an interest, or for civil law a right, created by or arising out of a debenture, mortgage, hypothec, lien, pledge, charge, deemed or actual trust, assignment or encumbrance of any kind whatever, however or whenever arising, created, deemed to arise or otherwise provided for; ( garantie )
Income Tax Act — I-3.3
similar provision means a provision, similar to subsection 227(10.1), of any Act of a province that imposes a tax similar to the tax imposed under this Act, where the province has entered into an agreement with the Minister of Finance for the collection of the taxes payable to the province under that Act. ( disposition semblable )
Income Tax Act — I-3.3 224.1
Recovery by deduction or set-off 224.1 Where a person is indebted to Her Majesty under this Act or under an Act of a province with which the Minister of Finance has entered into an agreement for the collection of the taxes payable to the province under that Act, the Minister may require the retention by way of deduction or set-off of such amount as the Minister may specify out of any amount that may be or become payable to the person by Her Majesty in right of Canada. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1979, c. 5, s. 64; 1980-81-82-83, c. 48, s. 104
Income Tax Act — I-3.3 224.2
Acquisition of debtor’s property 224.2 For the purpose of collecting debts owed by a person to Her Majesty under this Act or under an Act of a province with which the Minister of Finance has entered into an agreement for the collection of taxes payable to the province under that Act, the Minister may purchase or otherwise acquire any interest in, or for civil law any right in, the person’s property that the Minister is given a right to acquire in legal proceedings or under a court order or that is offered for sale or redemption and may dispose of any interest or right so acquired in such manner as the Minister considers reasonable. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 224.2; 2013, c. 34, s. 162
Income Tax Act — I-3.3 224.3
Payment of moneys seized from tax debtor 224.3 (1) Where the Minister has knowledge or suspects that a particular person is holding moneys that were seized by a police officer in the course of administering or enforcing the criminal law of Canada from another person (in this section referred to as the “tax debtor”) who is liable to make a payment under this Act or under an Act of a province with which the Minister of Finance has entered into an agreement for the collection of taxes payable to the province under that Act and that are restorable to the tax debtor, the Minister may in writing require the particular person to turn over the moneys otherwise restorable to the tax debtor in whole or in part to the Receiver General on account of the tax debtor’s liability under this Act or under the Act of the province, as the case may be. Receipt of Minister (2) The receipt of the Minister for moneys turned over as required by this section is a good and sufficient discharge of the requirement to restore the moneys to the tax debtor to the extent of the amount so turned over. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 224.3; 1994, c. 21, s. 102
Income Tax Act — I-3.3 225
Seizure of goods, chattels or movable property 225 (1) If a person has failed to pay an amount as required by this Act, the Minister may give 30 days notice to the person by registered mail addressed to the person’s latest known address of the Minister’s intention to direct that the person’s goods and chattels, or movable property, be seized and sold, and, if the person fails to make the payment before the expiration of the 30 days, the Minister may issue a certificate of the failure and direct that the person’s goods and chattels, or movable property, be seized. Sale of seized property (2) Property seized under this section shall be kept for 10 days at the cost and charges of the owner and, if the owner does not pay the amount owing together with the costs and charges within the 10 days, the property seized shall be sold by public auction. Notice of sale (3) Except in the case of perishable goods, notice of the sale setting out the time and place thereof, together with a general description of the property to be sold shall, a reasonable time before the goods are sold, be published at least once in one or more newspapers of general local circulation. Surplus returned to owner (4) Any surplus resulting from the sale after deduction of the amount owing and all costs and charges shall be paid or returned to the owner of the property seized. Exemptions from seizure (5) Goods and chattels, or movable property, of any person in default that would be exempt from seizure under a writ of execution issued out of a superior court of the province in which the seizure is made are exempt from seizure under this section. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 225; 2013, c. 34, s. 163
Income Tax Act — I-3.3 225.2
ive such direction with regard thereto as, in the opinion of the judge, is appropriate. No appeal from review order (13) No appeal lies from an order of a judge made pursuant to subsection 225.2(11). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1985, c. 45, s. 116; 1988, c. 55, s. 170