GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Application Rules — I-3.31 35
Foreign affiliates 35 (1) Section 26 does not apply in determining for the purposes of section 91 of the amended Act the amount of any taxable capital gain or allowable capital loss of a foreign affiliate of a taxpayer. Idem (2) Any corporation that was a foreign affiliate of a taxpayer on January 1, 1972 shall be deemed, for the purposes of subdivision i of Division B of Part I of the amended Act, to have become a foreign affiliate of the taxpayer on that day. Idem (4) Any corporation that was deemed to be a foreign affiliate of a taxpayer at any time prior to May 7, 1974 because of an election made by the taxpayer in accordance with subparagraph 95(1)(b)(iv) of the amended Act, as it read before being amended by chapter 26 of the Statutes of Canada 1974-75-76, shall be deemed to have been a foreign affiliate of the taxpayer at that time.
Income Tax Application Rules — I-3.31 36
Application of paras. 107(2)(b) and (d) of amended Act 36 In computing the income of a taxpayer for the taxpayer’s 1972 or any subsequent taxation year, paragraphs 107(2)(b) to (d) of the amended Act do not apply in respect of any property of a trust distributed by the trust to the taxpayer at any time before the commencement of the taxpayer’s 1972 taxation year.
Income Tax Application Rules — I-3.31 49
Tax deemed payable under amended Act 49 (1) Where, because of section 40, any tax is payable in addition to or in lieu of any amount of tax payable under Part I of the amended Act for a taxation year, that tax shall be deemed to be payable under Part I of the amended Act for that taxation year. Application of s. 13 (2) In applying section 13 to section 40, subsection 13(1) shall be read without reference to the words “subject to this Act and unless the context otherwise requires”. Computation of tax deemed payable under amended Act (3) In computing, under section 40 of this Act or any of section 39 and sections 41 to 48 of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, any tax that is payable in addition to or in lieu of any amount of tax payable under Part I of the amended Act by an individual for a taxation year, (a) a reference to section 120 of the amended Act does not include a reference to paragraph 33(1)(a) of the former Act; and (b) for the purposes of paragraph 33(1)(a) of the former Act and subsection 120(1) of the amended Act, all of the income of the individual for that or any preceding taxation year shall be deemed to have been income earned in the year in a province.
Income Tax Application Rules — I-3.31 50
Status of certain corporations 50 (1) For the purposes of the amended Act, a corporation that was, throughout that portion of its 1972 taxation year that is in 1972, a private corporation, a Canadian-controlled private corporation or a public corporation shall be deemed to have been throughout that taxation year a private corporation, a Canadian-controlled private corporation or a public corporation, as the case may be, Election to be public corporation (2) For the purposes of the definition public corporation in subsection 89(1) of the amended Act, where at any particular time before 1973 a corporation elected in the manner referred to in subparagraph (b)(i) of that definition to be a public corporation and at any time after 1971 and before the time of the election the corporation complied with the conditions referred to in that subparagraph, the corporation shall, (a) at such time after 1971 and before the particular time as is specified in the election to be the effective date thereof, or (b) where no time described in paragraph (a) is specified in the election to be the effective date thereof, at the particular time, be deemed to have elected in the manner referred to in that subparagraph to be a public corporation and to have complied with the conditions referred to therein. Designation by Minister (3) For the purposes of the definition public corporation in subsection 89(1) of the amended Act, where at any particular time before March 22, 1972 the Minister, by notice in writing to a corporation, designated the corporation to be a public corporation or not to be a public corporation, as the case may be, and at the time of the designation the corporation complied with the conditions referred to in subparagraph (b)(i) or (c)(i) of that definition, as the case may be, the corporation shall, at such time as is specified by the Minister in the notice, be deemed (a) to have been designated by the Minister, by notice in writing to the corporation, to be a public corporation or not to be a public corporation, as the case may be; and (b) to have complied with the conditions referred to in subparagraph (b)(i) or (c)(i) of that definition, as the case may be.
Income Tax Application Rules — I-3.31 57
Capital dividend account 57 (9) In computing a specified personal corporation’s capital dividend account at any time after the end of its 1972 taxation year, there shall be added to the total of the amounts described in paragraphs (a) and (b) of the definition capital dividend account in subsection 89(1) of the amended Act the total of its net capital gains (within the meaning assigned by subsection 51(3) of the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, as it read before October 29, 1985) for its 1972 taxation year and that proportion of the total of its incomes for that year, other than (a) any taxable capital gains of the corporation for the year from dispositions of property, and (b) any amounts that were, because of subsection 57(3) of the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, as it read before October 29, 1985 or under the provisions of subsection 67(1) of the former Act that applied because of subsection 57(12) of those Rules as it read before that date, required to be included in computing the income of the specified personal corporation for its 1972 taxation year, that the number of days in that portion of the 1972 taxation year that is in 1972 is of the number of days in the whole year. Meaning of specified personal corporation (11) For the purposes of this section, a corporation is a specified personal corporation if (a) part of its 1972 taxation year was before and part thereof after the beginning of 1972; and (b) during the whole of the period beginning on the earlier of June 18, 1971 and the beginning of its 1972 taxation year and ending at the end of its 1972 taxation year, it was a personal corporation within the meaning assigned by section 68 of the former Act.
Income Tax Application Rules — I-3.31 58
reference to the provisions of section 26, exceeds the total of all amounts each of which is (e) the amount of any debt owing by the credit union or of any other obligation of the credit union to pay an amount, that was outstanding at the beginning of its 1972 taxation year, excluding, for greater certainty, any share in the credit union of any member thereof, or (f) the amount, as of the beginning of the credit union’s 1972 taxation year, of any share in the credit union of any member thereof. ( réserve pour 1971 )
Income Tax Application Rules — I-3.31
depreciable cost to a credit union of any property means the actual cost to it of the property or the amount at which it is deemed by subsection 13(7) of the amended Act to have acquired the property, as the case may be; ( coût amortissable )
Income Tax Application Rules — I-3.31
relevant percentage in relation to a prescribed class of property is the percentage prescribed in respect of that class by any regulations made under paragraph 11(1)(a) of the former Act; ( pourcentage approprié )
Income Tax Application Rules — I-3.31 (a)
1971 reserve of a credit union means the amount, if any, by which the total of all amounts each of which is (a) the amount of any money of the credit union on hand at the beginning of its 1972 taxation year, (b) an amount in respect of any property described in paragraph (1)(a) or (b), equal to the amount at which it is required by those paragraphs to be valued at the beginning of its 1972 taxation year, (c) an amount in respect of depreciable property of a prescribed class owned by the credit union on the first day of its 1972 taxation year, equal to the amount determined under paragraph (1)(d) to be the undepreciated capital cost thereof to the credit union as of that day, or (d) an amount in respect of any capital property (other than depreciable property) owned by the credit union at the beginning of its 1972 taxation year, equal to its cost to the credit union computed without reference to the provisions of section 26, exceeds the total of all amounts each of which is (e) the amount of any debt owing by the credit union or of any other obligation of the credit union to pay an amount, that was outstanding at the beginning of its 1972 taxation year, excluding, for greater certainty, any share in the credit union of any member thereof, or (f) the amount, as of the beginning of the credit union’s 1972 taxation year, of any share in the credit union of any member thereof. ( réserve pour 1971 )
Income Tax Application Rules — I-3.31 59
Non-resident-owned investment corporation 59 (2) In its application to the 1972 and subsequent taxation years of a corporation, section 133 of the amended Act shall be read as if, in respect of such portion of any period described in the definition non-resident-owned investment corporation in subsection 133(8) of that Act as ended before the beginning of the corporation’s 1976 taxation year, paragraph (a) of that definition were read as follows: “(a) at least 95% of the total value of its issued shares, and all of its bonds, debentures and other funded indebtedness, were (i) beneficially owned by non-resident persons (other than any foreign affiliate of a taxpayer resident in Canada), (ii) owned by trustees for the benefit of non-resident persons or their unborn issue, or (iii) owned by a corporation, whether incorporated in Canada or elsewhere, at least 95% of the total value of the issued shares of which and all of the bonds, debentures and other funded indebtedness of which were beneficially owned by non-resident persons or owned by trustees for the benefit of non-resident persons or their unborn issue, or by two or more such corporations,”
Income Tax Application Rules — I-3.31 60.1
Taxes payable by insurer under Part IA of former Act 60.1 For the purposes of the description of F in the definition surplus funds derived from operations in subsection 138(12) of the amended Act, the reference in that description to “this Part” shall be deemed to be a reference to “this Part and Part IA of the former Act”.
Income Tax Application Rules — I-3.31 61
Registered retirement savings plans 61 (1) For the purposes of the definition non-qualified investment in subsection 146(1) of the amended Act, property acquired after June 18, 1971 and before 1972 by a trust governed by a registered retirement savings plan shall, if owned or held by the trust on January 1, 1972, be deemed to have been acquired by the trust on January 1, 1972.
Income Tax Application Rules — I-3.31 62
Assessments 62 (1) Subsections 152(4) and (5) of the amended Act apply in respect of any assessment made after December 23, 1971, except that subsection 152(5) of that Act does not apply in respect of any such assessment made in consequence of a waiver filed with the Minister before December 23, 1971 in the form and within the time referred to in subsection 152(4) of that Act. Interest (2) Subsections 161(1) and (2), 164(3) and (4), 202(5) and 227(8) and (9) of the amended Act, subsection 183(2) of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, and subsection 195(1) of that Act as it read in its application in respect of dividends paid or received before April 1, 1977, in so far as those subsections relate to the rate of interest payable thereunder, apply in respect of interest payable in respect of any period after December 23, 1971. Objections to assessment (4) Subsection 165(3) of the amended Act applies in respect of any notice of objection served on the Minister after December 23, 1971. Appeals (5) Division J of Part I of the amended Act applies in respect of any appeal or application instituted or made, as the case may be, after December 23, 1971. Appeals to Federal Court (6) Any appeal to the Federal Court instituted, within 2 years after December 23, 1971 and in accordance with Division J of Part I of the former Act and any rules made thereunder (as those rules read immediately before December 23, 1971), shall be deemed to have been instituted in the manner provided by the amended Act, and any document served on the Minister or a taxpayer in connection with an appeal so instituted in the manner provided in that Division and those rules shall be deemed to have been served in the manner provided by the amended Act.
Income Tax Application Rules — I-3.31 65
65 [Repealed, 2005, c. 30, s. 19] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 2 (5th Supp.), s. 65; 1994, c. 7, Sch. II, s. 202; 2005, c. 30, s. 19
Income Tax Application Rules — I-3.31 65.1
Part XV of amended Act 65.1 For greater certainty, (a) section 9 does not apply in respect of the repeal, by section 1 of chapter 63 of the Statutes of Canada, 1970-71-72, of Part V of the former Act and the substitution therefor, by that section, of Part XV of the amended Act, and (b) in its application in respect of any offence described in subsection 239(1) of the amended Act that was committed before December 23, 1971, paragraph 239(1)(f) of the amended Act shall be read as follows: “(f) a fine of not less than $25 and not more than $10,000 plus, in an appropriate case, an amount not exceeding double the amount of the tax that should have been shown to be payable or that was sought to be evaded, or”
Income Tax Application Rules — I-3.31 66
Part II of former Act 66 (1) For greater certainty, Part II of the former Act applies only in respect of elections made thereunder before 1972.
Income Tax Application Rules — I-3.31 67
Prescription of unpaid amounts 67 (5) Her Majesty in right of Canada is not liable, and no action shall be taken, for or in respect of any unrefunded instalment of tax paid under Part IID of the former Act or any interest thereon where (a) a repayment date with respect to the instalment was prescribed by regulation and reasonable efforts were made thereafter to locate the corporation or trust entitled to the refund; (b) at least 5 years have elapsed since publication in the Canada Gazette of the regulation referred to in paragraph (a); and (c) no claim whatever has been received by or on behalf of Her Majesty from the corporation or trust entitled to the refund.
Income Tax Application Rules — I-3.31 69
Definitions 69 In this Act and the Income Tax Act , unless the context otherwise requires, Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952 means that Act as amended by section 1 of chapter 63 of the Statutes of Canada, 1970-71-72, and by any subsequent Act that received royal assent before December, 1991; ( Loi de l’impôt sur le revenu , chapitre 148 des Statuts revisés du Canada de 1952 ) Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72 means that Act as amended by any subsequent Act that received royal assent before December, 1991. ( Règles de 1971 concernant l’application de l’impôt sur le revenu , Partie III du chapitre 63 des Statuts du Canada de 1970-71-72 )
Income Tax Application Rules — I-3.31
Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952 means that Act as amended by section 1 of chapter 63 of the Statutes of Canada, 1970-71-72, and by any subsequent Act that received royal assent before December, 1991; ( Loi de l’impôt sur le revenu , chapitre 148 des Statuts revisés du Canada de 1952 )
Income Tax Application Rules — I-3.31
Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72 means that Act as amended by any subsequent Act that received royal assent before December, 1991. ( Règles de 1971 concernant l’application de l’impôt sur le revenu , Partie III du chapitre 63 des Statuts du Canada de 1970-71-72 )
Income Tax Application Rules — I-3.31 70
Application of Income Tax Application Rules, 1971 , 1970-71-72, c. 63 70 Subject to this Act and the Income Tax Act and unless the context otherwise requires, (a) sections 7 to 9 and 12 to 68 of the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, apply with respect to taxation years that ended before December, 1991; and (b) section 10 of the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, applies with respect to amounts paid or credited before December, 1991.
Income Tax Application Rules — I-3.31 71
Application of this Act 71 Subject to this Act and the Income Tax Act and unless the context otherwise requires, (a) sections 7 to 9 and 12 to 78 of this Act apply with respect to taxation years that end after November, 1991; and (b) section 10 of this Act applies with respect to amounts paid or credited after November, 1991.
Income Tax Application Rules — I-3.31 72
Application of Income Tax Act , R.S.C., 1952, c. 148 72 Subject to this Act and the Income Tax Act and unless the context otherwise requires, the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, applies as follows: (a) Parts I, I.1, 1.2, 1.3, II.1, IV, IV.1, V, VI, VI.1, VII, VIII, IX, X1.3, XII, XII.1, XII.2, XII.3 and XIV of that Act apply with respect to taxation years that ended before December 1991; (b) Part III of that Act applies with respect to dividends that became payable before December, 1991; (c) Parts X, X.1, X.2, XI, XI.1 and XI.2 of that Act apply with respect to calendar years that ended before December, 1991; (d) Part XIII of that Act applies with respect to amounts paid or credited before December, 1991; and (e) Parts XV, XVI and XVII of that Act apply before December, 1991. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 2 (5th Supp.), s. 72; 1994, c. 21, s. 119
Income Tax Application Rules — I-3.31 73
Application of Income Tax Act 73 Subject to this Act and the Income Tax Act and unless the context otherwise requires, the Income Tax Act applies as follows: (a) Parts I, I.1, I.2, I.3, II.1, IV, IV.1, V, VI, VI.1, VII, VIII, IX, X1.3, XII, XII.1, XII.2, XII.3 and XIV of that Act apply with respect to taxation years that end after November 1991; (b) Part III of that Act applies with respect to dividends that become payable after November, 1991; (c) Parts X, X.1, X.2, XI, XI.1 and XI.2 of that Act apply with respect to calendar years that end after November, 1991; (d) Part XIII of that Act applies with respect to amounts paid or credited after November, 1991; and (e) Parts XV, XVI and XVII of that Act apply after November, 1991. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 2 (5th Supp.), s. 73; 1994, c. 21, s. 120
Income Tax Application Rules — I-3.31 74
Definition of provision 74 In sections 75 to 78, provision means the whole or part of a provision.
Income Tax Application Rules — I-3.31 75
Continued effect of amending and application provisions 75 For greater certainty, where an enactment passed after 1971 in amendment of the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, or of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, contains an amending, repeal, application or other provision that, immediately before the coming into force of the fifth supplement to the Revised Statutes of Canada, 1985, has any effect on, or in connection with, the application of either or both of those Acts, that provision has, on the coming into force of that supplement, the same effect on, or in connection with, the application of either this Act or the Income Tax Act or both.
Income Tax Application Rules — I-3.31 76
Application of s. 75 76 Section 75 is applicable whether or not this Act or the Income Tax Act , as the case may be, contains, or contains the tenor of or any reference to, (a) the amending, repeal, application or other provision referred to in that section; or (b) any provision of the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, or the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, expressed or intended to be the subject of or otherwise affected by that amending, repeal, application or other provision.
Income Tax Application Rules — I-3.31 77
Continued effect of repealed provisions 77 For greater certainty, where a provision of the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, or the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, was repealed at any time after 1971 but, immediately before the coming into force of the fifth supplement to the Revised Statutes of Canada, 1985, continues to be applied to any extent or otherwise to have any effect on, or in connection with, the application of either or both of those Acts, the repealed provision, on the coming into force of that supplement, continues to be so applied or to have that effect on, or in connection with, the application of either this Act or the Income Tax Act or both.
Income Tax Application Rules — I-3.31 78
Application of s. 77 78 Section 77 is applicable whether or not this Act or the Income Tax Act , as the case may be, contains any reference to the repealed provision referred to in that section or to the subject-matter of that provision.
Income Tax Application Rules — I-3.31 79
Effect of amendments on former ITA 79 (1) Where a provision of an enactment amends the Income Tax Act or affects the application of the Income Tax Act and the provision applies to or with respect to a period, transaction or event to which the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, applies, the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, shall be read as if it had been amended or its application had been affected by the provision, with such modifications as the circumstances require, to the extent of the provision’s application to or with respect to that period, transaction or event. Effect of amendments on former ITAR (2) Where a provision of an enactment amends this Act or affects the application of this Act and the provision applies to or with respect to a period, transaction or event to which the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, apply, the Income Tax Application Rules, 1971 , Part III of chapter 63 of the Statutes of Canada, 1970-71-72, shall be read as if they had been amended or their application had been affected by the provision, with such modifications as the circumstances require, to the extent of the provision’s application to or with respect to that period, transaction or event. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1994, c. 21, s. 121
Income Tax Conventions Implementation Act, 1995 — I-3.5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Income Tax Conventions Implementation Act, 1995 — I-3.5 1
Short title 1 This Act may be cited as the Income Tax Conventions Implementation Act, 1995 .
Income Tax Conventions Implementation Act, 1995 — I-3.5 2
Citation of Part I 2 This Part may be cited as the Canada-Latvia Income Tax Convention Act, 1995 .
Income Tax Conventions Implementation Act, 1995 — I-3.5 3
Definition of “Convention” 3 In this Part, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Latvia set out in Schedule I.