GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3
gross entitlements of a person at any time, in respect of a planning activity of the person, means all amounts to which the person, or another person not dealing at arm’s length with the person, is entitled, either before or after that time and either absolutely or contingently, to receive or obtain in respect of the activity. ( droits à paiement )
Income Tax Act — I-3.3
planning activity has the same meaning as in subsection 163.2(1). ( activité de planification )
Income Tax Act — I-3.3 (a)
section 160 avoidance planning by a person, means planning activity in respect of a transaction or series of transactions that (a) is, or is part of, a section 160 avoidance transaction; and (b) one of the purposes of the transaction or series of transactions is to (i) reduce a transferee’s joint and several, or solidary, liability for tax owing under this Act by the transferor (or that would be owing by the transferor if not for a tax attribute transaction), or (ii) reduce the person’s or another person’s ability to pay any amount owing, or that may become owing, under this Act. ( planification d’évitement en vertu de l’article 160 )
Income Tax Act — I-3.3 (a)
section 160 avoidance transaction means a transaction or series of transactions in respect of which (a) the conditions set out in paragraph 160(5)(a) or (b) are met; or (b) if subsection 160(5) applied to the transaction or series of transactions, the amount determined under subparagraph 160(5)(c)(ii) would exceed the amount determined under subparagraph 160(5)(c)(i). ( opération d’évitement en vertu de l’article 160 )
Income Tax Act — I-3.3 (a)
tax attribute means a balance, pool or other amount determined under this Act that is or may be relevant in computing income or in determining a taxpayer’s liability for tax under this Act in any taxation year and includes (a) a capital loss, non-capital loss, restricted farm loss, farm loss and limited partnership loss; (b) an amount that is deductible in computing a person’s income; (c) any balance of undeducted outlays, expenses or other amounts; (d) paid-up capital in respect of a share of any class of the capital stock of a corporation; (e) cost or capital cost of a property; (f) an amount deductible from an amount otherwise payable under this Act; and (g) an amount that is deemed to have been remitted as an amount payable under this Act. ( attribut fiscal )
Income Tax Act — I-3.3
tax attribute transaction means a transaction or series of transactions in which a tax attribute – of a person that dealt at arm’s length with a transferor or transferee immediately before the transaction or series of transactions – is used, directly or indirectly, to provide a tax benefit for the transferor or transferee (or, if either the transferor or transferee is amalgamated with another corporation, the new corporation within the meaning assigned by subsection 87(1)). ( opération d’attribut fiscal )
Income Tax Act — I-3.3
tax benefit has the same meaning as in subsection 163.2(1). ( avantage fiscal )
Income Tax Act — I-3.3
transferee has the meaning assigned by subsections 160(1) and (5). ( bénéficiaire du transfert )
Income Tax Act — I-3.3
transferor has the meaning assigned by subsections 160(1) and (5). ( auteur du transfert )
Income Tax Act — I-3.3 160.1
reater certainty, the provisions in respect of interest payable) apply, with any modifications that the circumstances require, in respect of an assessment made under this section, as though it were made under section 152 in respect of taxes payable under this Part, except that no interest is payable on an amount assessed in respect of an excess referred to in subsection (1) that can reasonably be considered to arise as a consequence of the operation of section 122.5, 122.61, 122.72, 122.8 or 127.421. Where amount applied to liability (4) Where an amount is applied to a liability of a taxpayer to Her Majesty in right of Canada in excess of the amount to which the taxpayer is entitled as a refund under this Act, this section applies as though that amount had been refunded to the taxpayer on the day it was so applied. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 160.1; 1994, c. 7, Sch. II, s. 132, Sch. VII, s. 16, c. 8, s. 25; 2000, c. 12, s. 142; 2002, c. 9, s. 43; 2013, c. 34, ss. 142(E), 314 2022, c. 10, s. 18 2022, c. 13, s. 4 2023, c. 11, s. 5 2023, c. 26, s. 51 2026, c. 1, s. 5 2026, c. 3, s. 76
Income Tax Act — I-3.3 160.2
of the amount that the annuitant or policyholder is liable to pay because of that subsection. (2.3) [Repealed, 2024, c. 15, s. 51] Assessment (3) The Minister may at any time assess a taxpayer in respect of any amount payable because of this section, and the provisions of this Division (including, for greater certainty, the provisions in respect of interest payable) apply, with any modifications that the circumstances require, in respect of an assessment made under this section as though it had been made under section 152 in respect of taxes payable under this Part. Rules applicable (4) If a taxpayer and an annuitant have, by virtue of subsection (1) or (2) become jointly and severally, or solidarily, liable in respect of part or all of a liability of the annuitant under this Act, the following rules apply: (a) a payment by the taxpayer on account of the taxpayer’s liability shall to the extent thereof discharge their liability; but (b) a payment by the annuitant on account of the annuitant’s liability discharges the taxpayer’s liability only to the extent that the payment operates to reduce the annuitant’s liability to an amount less than the amount in respect of which the taxpayer was, by subsection (1) or (2), as the case may be, made jointly and severally, or solidarily, liable. Rules applicable — qualifying trust annuity (5) If an annuitant or policyholder has, because of subsection (2.1), become jointly and severally, or solidarily, liable with a taxpayer in respect of part or all of a liability of the taxpayer under this Act, the following rules apply: (a) a payment by the annuitant on account of the annuitant’s liability, or by the policyholder on account of the policyholder’s liability, shall to the extent of the payment discharge their liability, but (b) a payment by the taxpayer on account of the taxpayer’s liability only discharges the annuitant’s and the policyholder’s liability to the extent that the payment operates to reduce the taxpayer’s liability to an amount less than the amount in respect of which the annuitant and the policyholder were, by subsection (2.1), made liable. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 160.2; 2013, c. 34, ss. 143, 315 2022, c. 19, s. 40 2024, c. 15, s. 51 2026, c. 3, s. 77
Income Tax Act — I-3.3 160.21
Joint and several liability — registered disability savings plan 160.21 (1) Where, in computing income for a taxation year, a taxpayer is required to include an amount in respect of a disability assistance payment (as defined in subsection 146.4(1)) that is deemed by subsection 146.4(10) to have been made at any particular time from a registered disability savings plan, the taxpayer and each holder (as defined in subsection 146.4(1)) of the plan immediately after the particular time are jointly and severally, or solidarily, liable to pay the part of the taxpayer’s tax under this Part for that taxation year that is equal to the amount, if any, determined by the formula A - B where A is the amount of the taxpayer’s tax under this Part for that taxation year; and B is the amount that would be the taxpayer’s tax under this Part for that taxation year if no disability assistance payment were deemed by subsection 146.4(10) to have been paid from the plan at the particular time. No limitation on liability (2) Subsection (1) limits neither (a) the liability of the taxpayer referred to in that subsection under any other provision of this Act, nor (b) the liability of any holder referred to in that subsection for the interest that the holder is liable to pay under this Act on an assessment in respect of the amount that the holder is liable to pay because of that subsection. Rules applicable — registered disability savings plans (3) Where a holder (as defined in subsection 146.4(1)) of a registered disability savings plan has, because of subsection (1), become jointly and severally, or solidarily, liable with a taxpayer in respect of part or all of a liability of the taxpayer under this Act, the following rules apply: (a) a payment by the holder on account of the holder’s liability shall to the extent of the payment discharge the holder’s liability, but (b) a payment by the taxpayer on account of the taxpayer’s liability only discharges the holder’s liability to the extent that the payment operates to reduce the taxpayer’s liability to an amount less than the amount in respect of which the holder was, by subsection (1), made liable. Assessment (4) The Minister may at any time assess a taxpayer in respect of any amount payable because of this section, and the provisions of this Division (including, for greater certainty, the provisions in respect of interest payable) apply, with any modifications that the circumstances require, in respect of an assessment made under this section as though it had been made under section 152 in respect of taxes payable under this Part. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2007, c. 35, s. 118
Income Tax Act — I-3.3 160.3
Liability in respect of amounts received out of or under RCA trust 160.3 (1) If an amount required to be included in the income of a taxpayer because of paragraph 56(1)(x) is received by a person with whom the taxpayer is not dealing at arm’s length, that person is jointly and severally, or solidarily, liable with the taxpayer to pay a part of the taxpayer’s tax under this Part for the taxation year in which the amount is received equal to the amount by which the taxpayer’s tax for the year exceeds the amount that would be the taxpayer’s tax for the year if the amount had not been received, but nothing in this subsection limits the liability of the taxpayer under any other provision of this Act or of the person for the interest that the person is liable to pay under this Act on an assessment in respect of the amount that the person is liable to pay because of this subsection. Assessment (2) The Minister may at any time assess a person in respect of any amount payable because of this section, and the provisions of this Division (including, for greater certainty, the provisions in respect of interest payable) apply, with any modifications that the circumstances require, in respect of an assessment made under this section as though it had been made under section 152 in respect of taxes payable under this Part. Rules applicable (3) If a taxpayer and another person have, by virtue of subsection (1), become jointly and severally, or solidarily, liable in respect of part or all of a liability of the taxpayer under this Act, the following rules apply: (a) a payment by the other person on account of the other person’s liability shall to the extent thereof discharge their liability; but (b) a payment by the taxpayer on account of the taxpayer’s liability discharges the other person’s liability only to the extent that the payment operates to reduce the taxpayer’s liability to an amount less than the amount in respect of which the other person was, by subsection (1), made jointly and severally, or solidarily, liable. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 160.3; 2013, c. 34, ss. 144, 316
Income Tax Act — I-3.3 160.5
Definitions 160.5 (1) The following definitions apply in this section. designated financial institution has the same meaning as in subsection 153(6). ( institution financière désignée ) electronic payment means any payment or remittance to the Receiver General that is made through electronic services offered by a designated financial institution or by any electronic means specified by the Minister. ( paiement électronique ) Requirement – electronic payments (2) The remittance or payment of an amount to the Receiver General must be made as an electronic payment if the amount of the remittance or payment exceeds $10,000, unless the payor or remitter cannot reasonably remit or pay the amount in that manner. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2023, c. 26, s. 52
Income Tax Act — I-3.3
designated financial institution has the same meaning as in subsection 153(6). ( institution financière désignée )
Income Tax Act — I-3.3
electronic payment means any payment or remittance to the Receiver General that is made through electronic services offered by a designated financial institution or by any electronic means specified by the Minister. ( paiement électronique )
Income Tax Act — I-3.3 161
ax payable under this Part by a taxpayer for a taxation year, the amount so deducted shall be deemed to have been paid by the taxpayer (a) in the case of a taxpayer who has filed a return of income under this Part for the year as required by section 150, on the last day of the year; and (b) in any other case, on the day on which the taxpayer filed the taxpayer’s return of income under this Part for the year. Interest on penalties (11) Where a taxpayer is required to pay a penalty, the taxpayer shall pay the penalty to the Receiver General together with interest thereon at the prescribed rate computed, (a) in the case of a penalty payable under section 162, 163 or 235, from the day on or before which (i) the taxpayer’s return of income for a taxation year in respect of which the penalty is payable was required to be filed, or would have been required to be filed if tax under this Part were payable by the taxpayer for the year, or (ii) the information return, return, ownership certificate or other document in respect of which the penalty is payable was required to be made, as the case may be, to the day of payment; (b) in the case of a penalty payable for a taxation year because of section 163.1, from the taxpayer’s balance-due day for the year to the day of payment of the penalty; (b.1) in the case of a penalty under subsection 237.1(7.4), 237.3(8), 237.4(12) or 237.5(5), from the day on which the taxpayer became liable to the penalty to the day of payment; and (c) in the case of a penalty payable by reason of any other provision of this Act, from the day of sending of the notice of original assessment of the penalty to the day of payment. (12) [Repealed, 2000, c. 19, s. 47(3)] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 161; 1994, c. 7, Sch. II, s. 133, Sch. VI, s. 8, Sch. VIII, s. 96, c. 21, s. 79; 1996, c. 21, s. 42; 1997, c. 25, s. 50, c. 26, s. 85; 1998, c. 19, s. 187; 1999, c. 22, s. 64; 2000, c. 19, s. 47; 2001, c. 17, s. 155; 2003, c. 15, s. 116; 2007, c. 35, s. 52; 2010, c. 25, s. 40; 2012, c. 19, s. 11; 2013, c. 34, ss. 35, 318; 2014, c. 39, s. 58 2022, c. 19, s. 41 2023, c. 26, s. 53
Income Tax Act — I-3.3 161.1
led, or applied for leave to appeal, from an assessment referred to in subparagraph (i) or (ii) to a court of competent jurisdiction, the day on which the court dismisses the application, the application or appeal is discontinued or final judgment is pronounced in the appeal, and (v) the day of sending of the first notice to the corporation indicating that the Minister has determined any portion of the corporation’s overpayment amount to which the application relates, if the overpayment amount has not been determined as a result of a notice of assessment sent before that day. Reallocation (4) The amount to be reallocated that is specified under paragraph (3)(a) by a corporation is deemed to have been refunded to the corporation and paid on account of the accumulated underpayment amount on the date specified under paragraph (3)(b) by the corporation. Repayment of refund (5) If an application in respect of a period is made under subsection (2) by a corporation and a portion of the amount to be reallocated has been refunded to the corporation, the following rules apply: (a) a particular amount equal to the total of (i) the portion of the amount to be reallocated that was refunded to the corporation, and (ii) refund interest paid or credited to the corporation in respect of that portion is deemed to have become payable by the corporation on the day on which the portion was refunded; and (b) the corporation shall pay to the Receiver General interest at the prescribed rate on the particular amount from the day referred to in paragraph (a) to the date of payment. Consequential reallocations (6) If a particular reallocation of an accumulated overpayment amount under subsection (4) results in a new accumulated overpayment amount of the corporation for a period, the new accumulated overpayment amount shall not be reallocated under this section unless the corporation so applies in its application for the particular reallocation. Assessments (7) Notwithstanding subsections 152(4), (4.01) and (5), the Minister shall assess or reassess interest and penalties payable by a corporation in respect of any taxation year as necessary in order to take into account a reallocation of amounts under this section. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2000, c. 19, s. 48; 2010, c. 25, s. 41
Income Tax Act — I-3.3
accumulated overpayment amount , of a corporation for a period, means the overpayment amount of the corporation for the period together with refund interest (including, for greater certainty, compound interest) that accrued with respect to the overpayment amount before the date specified under paragraph (3)(b) by the corporation in its application for the period. ( trop-payé accumulé )
Income Tax Act — I-3.3
accumulated underpayment amount , of a corporation for a period, means the underpayment amount of the corporation for the period together with arrears interest (including, for greater certainty, compound interest) that accrued with respect to the underpayment amount before the date specified under paragraph (3)(b) by the corporation in its application for the period. ( moins-payé accumulé )
Income Tax Act — I-3.3
arrears interest means interest computed under paragraph (5)(b), 129(2.2)(b), 131(3.2)(b), 132(2.2)(b), 133(7.02)(b) or 160.1(1)(b), subsection 161(1) or (11), paragraph 164(3.1)(b) or (4)(b) or subsection 187(2). ( intérêts débiteurs )
Income Tax Act — I-3.3
overpayment amount , of a corporation for a period, means the amount referred to in subparagraph (2)(a)(i) that is refunded to the corporation, or the amount referred to in subparagraph (2)(a)(ii) to which the corporation is entitled. ( trop-payé )
Income Tax Act — I-3.3
refund interest means interest computed under subsection 129(2.1), 131(3.1), 132(2.1), 133(7.01) or 164(3) or (3.2). ( intérêts créditeurs )
Income Tax Act — I-3.3
underpayment amount , of a corporation for a period, means the amount referred to in paragraph (2)(b) payable by the corporation on which arrears interest is computed. ( moins-payé )
Income Tax Act — I-3.3 161.2
Period where interest not payable 161.2 Notwithstanding any other provision of this Act, if the Minister notifies a taxpayer that the taxpayer is required to pay a specified amount under this Act and the taxpayer pays the specified amount in full before the end of the period that the Minister specifies with the notice, interest is not payable on the specified amount for the period. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2003, c. 15, s. 117
Income Tax Act — I-3.3 161.3
Interest and penalty amounts of $25 or less 161.3 If, at any time, a person pays an amount not less than the total of all amounts, other than interest and penalty, owing at that time to Her Majesty in right of Canada under this Act for a taxation year of the person and the total amount of interest and penalty payable by the person under this Act for that year is not more than $25.00, the Minister may cancel the interest and penalty. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2003, c. 15, s. 117
Income Tax Act — I-3.3 161.4
Taxpayer 161.4 (1) If the Minister determines, at any time, that the total of all amounts owing by a person to Her Majesty in right of Canada under this Act does not exceed two dollars, those amounts are deemed to be nil. Minister (2) If, at any time, the total of all amounts payable by the Minister to a person under this Act does not exceed two dollars, the Minister may apply those amounts against any amount owing, at that time, by the person to Her Majesty in right of Canada. However, if the person, at that time, does not owe any amount to Her Majesty in right of Canada, those amounts payable are deemed to be nil. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2003, c. 15, s. 117; 2006, c. 4, s. 162
Income Tax Act — I-3.3 162
artnership were a taxpayer resident in Canada. Application to non-resident trusts (10.4) For the purposes of this subsection, paragraph (f) of the description of A in subsection 162(10.1) and subsection 162(10.2), (a) a non-resident trust is deemed to be a controlled foreign affiliate of each beneficiary of which the trust is a controlled foreign affiliate for the purpose of section 233.4; (b) the trust is deemed to be a non-resident corporation having a capital stock of a single class divided into 100 issued shares; (c) each beneficiary under the trust is deemed to own at any time the number of the issued shares of the corporation that is equal to the proportion of 100 that (i) the fair market value at that time of the beneficiary’s beneficial interest in the trust is of (ii) the fair market value at that time of all beneficial interests in the trust; and (d) the cost amount to a beneficiary at any time of a share of the corporation is deemed to be equal to the amount determined by the formula A/B where A is the fair market value at that time of the beneficiary’s beneficial interest in the trust, and B is the number of shares deemed under paragraph 162(10.4)(c) to be owned at that time by the beneficiary in respect of the corporation. Effect of subsequent events (11) For the purpose of computing a penalty under subsection 162(1) or 162(2) in respect of a person’s return of income for a taxation year, the person’s tax payable under this Part for the year shall be determined before taking into consideration the specified future tax consequences for the year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 162; 1994, c. 7, Sch. II, ss. 134, 245, c. 21, s. 80; 1997, c. 25, s. 51; 1998, c. 19, s. 188; 1999, c. 22, s. 65; 2009, c. 2, s. 60; 2012, c. 19, s. 12; 2013, c. 34, ss. 17, 319(F), c. 40, s. 70; 2014, c. 20, s. 100; 2016, c. 12, s. 56; 2018, c. 12, s. 27 2023, c. 26, s. 54
Income Tax Act — I-3.3
claim preparer , of an SR&ED form, means a person or partnership who agrees to accept consideration to prepare, or assist in the preparation of, the form but does not include an employee who prepares, or assists in the preparation of, the form in the course of performing their duties of employment. ( préparateur )
Income Tax Act — I-3.3 (a)
claim preparer information means prescribed information regarding (a) the identity of the claim preparer, if any, of an SR&ED form, and (b) the arrangement under which the claim preparer agrees to accept consideration in respect of the preparation of the form. ( renseignements relatifs au préparateur )