GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 (a)
qualified REIT property , of a trust at any time, means a property that, at that time, is held by the trust and is (a) a real or immovable property that is capital property, an eligible resale property, an indebtedness of a Canadian corporation represented by a bankers’ acceptance, a property described by paragraph (a) or (b) of the definition qualified investment in section 204 or a deposit with a credit union; (b) a security of a subject entity all or substantially all of the gross REIT revenue of which, for its taxation year that ends in the trust’s taxation year that includes that time, is from maintaining, improving, leasing or managing real or immovable properties that are capital properties of the trust or of an entity of which the trust holds a share or an interest, including real or immovable properties that the trust, or an entity of which the trust holds a share or an interest, holds together with one or more other persons or partnerships; (c) a security of a subject entity, if the entity holds no property other than (i) legal title to real or immovable property of the trust or of another subject entity all of the securities of which are held by the trust (including real or immovable property that the trust or the other subject entity holds together with one or more other persons or partnerships), and (ii) property described in paragraph (d); or (d) ancillary to the earning by the trust of amounts described in subparagraphs (b)(i) and (iii) of the definition real estate investment trust , other than (i) an equity of an entity, or (ii) a mortgage, hypothecary claim, mezzanine loan or similar obligation. ( bien admissible de FPI )
Income Tax Act — I-3.3 (a)
real estate investment trust , for a taxation year, means a trust that is resident in Canada throughout the taxation year, if (a) at each time in the taxation year the total fair market value at that time of all non-portfolio properties that are qualified REIT properties held by the trust is at least 90% of the total fair market value at that time of all non-portfolio properties held by the trust; (b) not less than 90% of the trust’s gross REIT revenue for the taxation year is from one or more of the following: (i) rent from real or immovable properties, (ii) interest, (iii) dispositions of real or immovable properties that are capital properties, (iv) dividends, (v) royalties, and (vi) dispositions of eligible resale properties; (c) not less than 75% of the trust’s gross REIT revenue for the taxation year is from one or more of the following: (i) rent from real or immovable properties, (ii) interest from mortgages, or hypothecs, on real or immovable properties, and (iii) dispositions of real or immovable properties that are capital properties; (d) at each time in the taxation year an amount, that is equal to 75% or more of the equity value of the trust at that time, is the amount that is the total fair market value of all properties held by the trust each of which is a real or immovable property that is capital property, an eligible resale property, an indebtedness of a Canadian corporation represented by a bankers’ acceptance, a property described by paragraph (a) or (b) of the definition qualified investment in section 204 or a deposit with a credit union; and (e) investments in the trust are, at any time in the taxation year, listed or traded on a stock exchange or other public market. ( fiducie de placement immobilier )
Income Tax Act — I-3.3 (a)
real or immovable property , of a taxpayer, (a) includes (i) a security held by the taxpayer, if the security is a security of a trust that satisfies (or of any other entity that would, if it were a trust, satisfy) the conditions set out in paragraphs (a) to (d) of the definition real estate investment trust , or (ii) an interest in real property or a real right in immovables (other than a right to a rental or royalty described in paragraph (d) or (e) of the definition “Canadian resource property” in subsection 66(15)); but (b) does not include any depreciable property, other than (i) a property included, otherwise than by an election permitted by regulation, in Class 1, 3 or 31 of Schedule II to the Income Tax Regulations , (ii) a property ancillary to the ownership or utilization of a property described in subparagraph (i), or (iii) a lease in, or a leasehold interest in respect of, land or property described in subparagraph (i). ( bien immeuble ou réel )
Income Tax Act — I-3.3 (a)
regulated innovative capital means equity of a trust, where (a) since November 2006, the equity has been authorized, by the Superintendent of Financial Institutions or by a provincial regulatory authority having powers similar to those of the Superintendent, as Tier 1 or Tier 2 capital of a financial institution (as defined by subsection 181(1)); (b) the terms and conditions of the equity have not changed after August 1, 2008; (c) the trust has not issued any equity after October 31, 2006; and (d) the trust does not hold any non-portfolio property other than (i) liabilities of the financial institution, and (ii) shares of the capital stock of the financial institution that were acquired by the trust for the sole purpose of satisfying a right to require the trust to accept, as demanded by a holder of the equity, the surrender of the equity. ( capital innovateur réglementé )
Income Tax Act — I-3.3 (a)
rent from real or immovable properties (a) includes (i) rent or similar payments for the use of, or right to use, real or immovable properties, and (ii) payment for services ancillary to the rental of real or immovable properties and customarily supplied or rendered in connection with the rental of real or immovable properties; but (iii) [Repealed, 2013, c. 34, s. 258] (b) does not include (i) payment for services supplied or rendered, other than those described in subparagraph (a)(ii), to the tenants of such properties, (ii) fees for managing or operating such properties, (iii) payment for the occupation of, use of, or right to use a room in a hotel or other similar lodging facility, or (iv) rent based on profits. ( loyer de biens immeubles ou réels )
Income Tax Act — I-3.3 (a)
security of a particular entity means any right, whether absolute or contingent, conferred by the particular entity or by an entity that is affiliated with the particular entity, to receive, either immediately or in the future, an amount that can reasonably be regarded as all or any part of the capital, of the revenue or of the income of the particular entity, or as interest paid or payable by the particular entity, and for greater certainty includes (a) a liability of the particular entity; (b) if the particular entity is a corporation, (i) a share of the capital stock of the corporation, and (ii) a right to control in any manner whatever the voting rights of a share of the capital stock of the corporation; (c) if the particular entity is a trust, an income or a capital interest in the trust; (d) if the particular entity is a partnership, an interest as a member of the partnership; and (e) a right to, or to acquire, anything described in this paragraph and any of paragraphs (a) to (d). ( titre )
Income Tax Act — I-3.3 (a)
SIFT trust , being a specified investment flow-through trust, for a taxation year means a trust (other than an excluded subsidiary entity, or a real estate investment trust, for the taxation year) that meets the following conditions at any time during the taxation year: (a) the trust is resident in Canada; (b) investments in the trust are listed or traded on a stock exchange or other public market; and (c) the trust holds one or more non-portfolio properties. ( fiducie intermédiaire de placement déterminée )
Income Tax Act — I-3.3 (a)
subject entity means a person or partnership that is (a) a corporation resident in Canada; (b) a trust resident in Canada; (c) a Canadian resident partnership; or (d) a non-resident person, or a partnership that is not described in paragraph (c), the principal source of income of which is one or any combination of sources in Canada. ( entité déterminée )
Income Tax Act — I-3.3
unaffiliated publicly-traded liability , of an entity at any time means a publicly-traded liability of the entity if, at that time the total fair market value of all publicly-traded liabilities of the entity that are held at that time by persons or partnerships that are not affiliated with the entity is at least 90% of the total fair market value of all publicly-traded liabilities of the entity. ( dette non affiliée transigée publiquement )
Income Tax Act — I-3.3 122.2
122.2 [Repealed, 1994, c. 7, Sch. VII, s. 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. 122.2; 1994, c. 7, Sch. VII, s. 10; 1998, c. 19, s. 138
Income Tax Act — I-3.3 122.3
om the individual’s employment by an employer (a) if (i) the employer carries on a business of providing services and does not employ in the business throughout the year more than five full-time employees, (ii) the individual (A) does not deal at arm’s length with the employer, or is a specified shareholder of the employer, or (B) where the employer is a partnership, does not deal at arm’s length with a member of the partnership, or is a specified shareholder of a member of the partnership, and (iii) but for the existence of the employer, the individual would reasonably be regarded as being an employee of a person or partnership that is not a specified employer; or (b) if at any time in that portion of the qualifying period that is in the taxation year (i) the employer provides the services of the individual to a corporation, partnership or trust with which the employer does not deal at arm’s length, and (ii) the fair market value of all the issued shares of the capital stock of the corporation or of all interests in the partnership or trust, as the case may be, that are held, directly or indirectly, by persons who are resident in Canada is less than 10% of the fair market value of all those shares or interests. Definitions (2) In subsection 122.3(1), specified employer means (a) a person resident in Canada, (b) a partnership in which interests that exceed in total value 10% of the fair market value of all interests in the partnership are owned by persons resident in Canada or corporations controlled by persons resident in Canada, or (c) a corporation that is a foreign affiliate of a person resident in Canada; ( employeur déterminé ) tax otherwise payable under this Part for the year means the amount that, but for this section, sections 120 and 120.2, subsection 120.4(2) and sections 121, 126, 127 and 127.4, would be the tax payable under this Part for the year. ( impôt qu’il est par ailleurs tenu de payer pour l’année en vertu de la présente partie ) [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 122.3; 1994, c. 7, Sch. II, s. 99, c. 21, s. 56; 1997, c. 25, s. 31; 2000, c. 19, s. 31; 2001, c. 17, s. 106; 2002, c. 9, s. 37; 2012, c. 31, s. 26; 2013, c. 34, s. 259; 2017, c. 20, s. 21
Income Tax Act — I-3.3 (a)
specified employer means (a) a person resident in Canada, (b) a partnership in which interests that exceed in total value 10% of the fair market value of all interests in the partnership are owned by persons resident in Canada or corporations controlled by persons resident in Canada, or (c) a corporation that is a foreign affiliate of a person resident in Canada; ( employeur déterminé )
Income Tax Act — I-3.3
tax otherwise payable under this Part for the year means the amount that, but for this section, sections 120 and 120.2, subsection 120.4(2) and sections 121, 126, 127 and 127.4, would be the tax payable under this Part for the year. ( impôt qu’il est par ailleurs tenu de payer pour l’année en vertu de la présente partie )
Income Tax Act — I-3.3 122.5
d month. (5.1) [Repealed, 2002, c. 9, s. 38(2)] Exception re qualified dependant (6) If a person would, if this Act were read without reference to this subsection, be the qualified dependant of two or more individuals, in relation to a month specified for a taxation year, (a) the person is deemed to be a qualified dependant, in relation to that month, of the one of those individuals on whom those individuals agree; (b) in the absence of an agreement referred to in paragraph (a), the person is deemed to be, in relation to that month, a qualified dependant of the individuals, if any, who are, at the beginning of that month, eligible individuals (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of that person; and (c) in any other case, the person is deemed to be, in relation to that month, a qualified dependant only of the individual that the Minister designates. Notification to Minister (6.1) An individual shall notify the Minister of the occurrence of any of the following events before the end of the month following the month in which the event occurs: (a) the individual ceases to be an eligible individual; (b) a person becomes or ceases to be the individual’s qualified relation; and (c) a person ceases to be a qualified dependant of the individual, otherwise than because of attaining the age of 19 years. Non-residents and part-year residents (6.2) For the purpose of this section, the income of a person who is non-resident at any time in a taxation year is deemed to be equal to the amount that would, if the person were resident in Canada throughout the year, be the person’s income for the year. Effect of bankruptcy (7) For the purpose of this section, if in a taxation year an individual becomes bankrupt, the individual’s income for the taxation year shall include the individual’s income for the taxation year that begins on January 1 of the calendar year that includes the date of bankruptcy. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 122.5; 1994, c. 7, Sch. VII, s. 11, Sch. VIII, s. 60, c. 21, s. 57; 1997, c. 25, s. 32; 1998, c. 19, s. 139; 1999, c. 26, s. 37; 2000, c. 12, s. 142, c. 14, s. 38; 2001, c. 17, s. 107; 2002, c. 9, s. 38; 2006, c. 4, s. 175; 2007, c. 35, s. 111; 2010, c. 25, s. 23; 2011, c. 24, s. 37; 2013, c. 34, s. 260; 2014, c. 20, s. 17; 2018, c. 12, s. 15 2020, c. 5, s. 2 2022, c. 10, s. 8 2022, c. 13, s. 2 2023, c. 11, s. 3 2026, c. 1, s. 3
Income Tax Act — I-3.3 (a)
adjusted income , of an individual for a taxation year in relation to a month specified for the taxation year, means the total of the individual’s income for the taxation year and the income for the taxation year of the individual’s qualified relation, if any, in relation to the specified month, both calculated as if in computing that income no amount were (a) included (i) under paragraph 56(1)(q.1) or subsection 56(6), (ii) in respect of any gain from a disposition of property to which section 79 applies, or (iii) in respect of a gain described in subsection 40(3.21); or (b) deductible under paragraph 20(1)(ww) or 60(y) or (z). ( revenu rajusté )
Income Tax Act — I-3.3
cohabiting spouse or common-law partner of an individual at any time has the meaning assigned by section 122.6. ( époux ou conjoint de fait visé )
Income Tax Act — I-3.3 (a)
eligible individual , in relation to a month specified for a taxation year, means an individual (other than a trust) who (a) has, before the specified month, attained the age of 19 years; or (b) was, at any time before the specified month, (i) a parent who resided with their child, or (ii) married or in a common-law partnership. ( particulier admissible )
Income Tax Act — I-3.3 (a)
qualified dependant of an individual, in relation to a month specified for a taxation year, means a person who at the beginning of the specified month (a) is the individual’s child or is dependent for support on the individual or on the individual’s cohabiting spouse or common-law partner; (b) resides with the individual; (c) is under the age of 19 years; (d) is not an eligible individual in relation to the specified month; and (e) is not a qualified relation of any individual in relation to the specified month. ( personne à charge admissible )
Income Tax Act — I-3.3
qualified relation of an individual, in relation to a month specified for a taxation year, means the person, if any, who, at the beginning of the specified month, is the individual’s cohabiting spouse or common-law partner. ( proche admissible )
Income Tax Act — I-3.3 (a)
return of income , in respect of a person for a taxation year, means (a) for a person who is resident in Canada at the end of the taxation year, the person’s return of income (other than a return of income under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) that is required to be filed for the taxation year or that would be required to be filed if the person had tax payable under this Part for the taxation year; and (b) in any other case, a prescribed form containing prescribed information that is filed for the taxation year with the Minister. ( déclaration de revenu )
Income Tax Act — I-3.3 122.51
Definitions 122.51 (1) The definitions in this subsection apply in this section. adjusted income of an individual for a taxation year has the meaning assigned by section 122.6. ( revenu modifié ) eligible individual for a taxation year means an individual (other than a trust) (a) who is resident in Canada throughout the year (or, if the individual dies in the year, throughout the portion of the year before the individual’s death); (b) who, before the end of the year, has attained the age of 18 years; and (c) the total of whose incomes for the year from the following sources is at least $2,500: (i) offices and employments (computed without reference to paragraph 6(1)(f)), (ii) businesses each of which is a business carried on by the individual either alone or as a partner actively engaged in the business, and (iii) the program established under the Wage Earner Protection Program Act . ( particulier admissible ) Deemed payment on account of tax (2) Where a return of income (other than a return of income filed under subsection 70(2), paragraph 104(23)(d) or 128(2)(e) or subsection 150(4)) is filed in respect of an eligible individual for a particular taxation year that ends at the end of a calendar year, there is deemed to be paid at the end of the particular year on account of the individual’s tax payable under this Part for the particular year the amount determined by the formula A - B where A is the lesser of (a) $1000, and (b) the total of (i) the amount determined by the formula (0.25/C) × D where C is the appropriate percentage for the particular taxation year, and D is the total of all amounts each of which is the amount determined by the formula in subsection 118.2(1) for the purpose of computing the individual’s tax payable under this Part for a taxation year that ends in the calendar year, and (ii) 25% of the total of all amounts each of which is the amount deductible under section 64 in computing the individual’s income for a taxation year that ends in the calendar year; and B is 5% of the amount, if any, by which (a) the total of all amounts each of which is the individual’s adjusted income for a taxation year that ends in the calendar year exceeds (b) $21,663. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1998, c. 19, s. 32; 2000, c. 14, s. 39, c. 19, s. 32; 2001, c. 17, s. 108; 2005, c. 19, s. 26, c. 30, s. 7; 2006, c. 4, s. 70; 2007, c. 2, s. 31; 2009, c. 2, s. 37; 2017, c. 33, s. 47
Income Tax Act — I-3.3
adjusted income of an individual for a taxation year has the meaning assigned by section 122.6. ( revenu modifié )
Income Tax Act — I-3.3 (a)
eligible individual for a taxation year means an individual (other than a trust) (a) who is resident in Canada throughout the year (or, if the individual dies in the year, throughout the portion of the year before the individual’s death); (b) who, before the end of the year, has attained the age of 18 years; and (c) the total of whose incomes for the year from the following sources is at least $2,500: (i) offices and employments (computed without reference to paragraph 6(1)(f)), (ii) businesses each of which is a business carried on by the individual either alone or as a partner actively engaged in the business, and (iii) the program established under the Wage Earner Protection Program Act . ( particulier admissible )
Income Tax Act — I-3.3 122.6
ceipt of a social assistance amount that is payable under a program of the Government of Canada, the government of a province or an Indigenous governing body (as defined in section 2 of the Children’s Special Allowances Act ) for the benefit of the other individual; ( particulier admissible ) qualified dependant at any time means a person who at that time (a) has not attained the age of 18 years, (b) is not a person in respect of whom an amount was deducted under paragraph (a) of the description of B in subsection 118(1) in computing the tax payable under this Part by the person’s spouse or common-law partner for the base taxation year in relation to the month that includes that time, and (c) is not a person in respect of whom a special allowance under the Children’s Special Allowances Act is payable for the month that includes that time; ( personne à charge admissible ) return of income filed by an individual for a taxation year means (a) where the individual was resident in Canada throughout the year, the individual’s return of income (other than a return of income filed under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) that is filed or required to be filed under this Part for the year, and (b) in any other case, a prescribed form containing prescribed information, that is filed with the Minister; ( déclaration de revenu ) shared-custody parent in respect of a qualified dependant at a particular time means, where the presumption referred to in paragraph (f) of the definition eligible individual does not apply in respect of the qualified dependant, an individual who is one of the two parents of the qualified dependant who (a) are not at that time cohabiting spouses or common-law partners of each other, (b) reside with the qualified dependant either (i) at least 40% of the time in the month in which the particular time occurs, or (ii) on an approximately equal basis, and (c) primarily fulfil the responsibility for the care and upbringing of the qualified dependant when residing with the qualified dependant, as determined in consideration of prescribed factors. ( parent ayant la garde partagée ) [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1994, c. 7, Sch. VII, s. 12; 1996, c. 11, s. 95; 1998, c. 19, s. 140, c. 21, s. 92; 1999, c. 22, s. 44; 2000, c. 12, s. 142; 2001, c. 17, s. 109, c. 27, s. 254; 2006, c. 4, s. 176; 2007, c. 35, s. 112; 2010, c. 25, s. 24; 2016, c. 7, s. 28; 2018, c. 12, s. 16, c. 27, s. 11 2021, c. 23, s. 21 2022, c. 10, s. 9 2024, c. 17, s. 30(E)
Income Tax Act — I-3.3
adjusted earned income [Repealed, 1998, c. 21, s. 92]
Income Tax Act — I-3.3 (a)
adjusted income , of an individual for a taxation year, means the total of all amounts each of which would be the income for the year of the individual or of the person who was the individual’s cohabiting spouse or common-law partner at the end of the year if in computing that income no amount were (a) included (i) under paragraph 56(1)(q.1) or subsection 56(6), (ii) in respect of any gain from a disposition of property to which section 79 applies, or (iii) in respect of a gain described in subsection 40(3.21), or (b) deductible under paragraph 20(1)(ww) or 60(y) or (z); ( revenu modifié )