GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 (a)
eligible trust , at any time, means a trust, other than a trust (a) created or maintained for charitable purposes, (b) governed by an employee benefit plan, (c) described in paragraph (a.1) of the definition trust in subsection 108(1), (d) governed by a salary deferral arrangement, (e) operated for the purpose of administering or providing superannuation, pension, retirement or employee benefits, or (f) where the amount of income or capital that any entity may receive directly from the trust at any time as a beneficiary under the trust depends on the exercise by any entity of, or the failure by any entity to exercise, a discretionary power; ( fiducie admissible )
Income Tax Act — I-3.3
entity includes an association, a corporation, a fund, a natural person, a joint venture, an organization, a partnership, a syndicate and a trust; ( entité )
Income Tax Act — I-3.3 (a)
exempt trust , at a particular time in respect of a taxpayer resident in Canada, means a trust that, at that time, is a trust under which the interest of each beneficiary under the trust is, at all times that the interest exists during the trust’s taxation year that includes the particular time, a specified fixed interest of the beneficiary in the trust, if at the particular time (a) the trust is an eligible trust, (b) there are at least 150 beneficiaries each of whom holds a specified fixed interest, in the trust, that has a fair market value of at least $500, and (c) the total of all amounts each of which is the fair market value of an interest as a beneficiary under the trust held by a specified purchaser in respect of the taxpayer is not more than 10% of the total fair market value of all interests as a beneficiary under the trust; ( fiducie exonérée )
Income Tax Act — I-3.3 (a)
foreign accrual tax applicable to any amount included under subsection 91(1) in computing a taxpayer’s income for a taxation year of the taxpayer in respect of a particular foreign affiliate of the taxpayer means, subject to subsection 91(4.1), (a) the portion of any income or profits tax that may reasonably be regarded as applicable to that amount and that is paid by (i) the particular affiliate, (ii) another foreign affiliate (in paragraph (b) referred to as the “shareholder affiliate”) of the taxpayer where (A) the other affiliate has an equity percentage in the particular affiliate, (B) the income or profits tax is paid to a country other than Canada, and (C) the other affiliate, and not the particular affiliate, is liable for that tax under the laws of that country, or (iii) another foreign affiliate of the taxpayer in respect of a dividend received, directly or indirectly, from the particular affiliate, if that other affiliate has an equity percentage in the particular affiliate, and (b) any amount prescribed in respect of the particular affiliate or the shareholder affiliate, as the case may be, to be foreign accrual tax applicable to that amount; ( impôt étranger accumulé )
Income Tax Act — I-3.3 (a)
foreign affiliate , at any time, of a taxpayer resident in Canada means a non-resident corporation in which, at that time, (a) the taxpayer’s equity percentage is not less than 1%, and (b) the total of the equity percentages in the corporation of the taxpayer and of each person related to the taxpayer (where each such equity percentage is determined as if the determinations under paragraph (b) of the definition equity percentage in subsection 95(4) were made without reference to the equity percentage of any person in the taxpayer or in any person related to the taxpayer) is not less than 10%, except that a corporation is not a foreign affiliate of a non-resident-owned investment corporation; ( société étrangère affiliée )
Income Tax Act — I-3.3 (a)
foreign bank means an entity that would be a foreign bank within the meaning assigned by the definition of that expression in section 2 of the Bank Act if (a) that definition were read without reference to the portion thereof after paragraph (g) thereof, and (b) the entity had not been exempt under section 12 of that Act from being a foreign bank; ( banque étrangère )
Income Tax Act — I-3.3 (a)
income from an active business of a foreign affiliate of a taxpayer for a taxation year includes the foreign affiliate’s income for the taxation year that pertains to or is incident to that active business but does not include (a) the foreign affiliate’s income from property for the taxation year, (b) the foreign affiliate’s income for the taxation year from a business that is deemed by subsection (2) to be a business other than an active business of the foreign affiliate, or (c) the foreign affiliate’s income from a non-qualifying business of the foreign affiliate for the taxation year; ( revenu provenant d’une entreprise exploitée activement )
Income Tax Act — I-3.3 (a)
income from a non-qualifying business of a foreign affiliate of a taxpayer resident in Canada for a taxation year includes the foreign affiliate’s income for the taxation year that pertains to or is incident to that non-qualifying business, but does not include (a) the foreign affiliate’s income from property for the taxation year, or (b) the foreign affiliate’s income for the taxation year from a business that is deemed by subsection (2) to be a business other than an active business of the foreign affiliate; ( revenu provenant d’une entreprise non admissible )
Income Tax Act — I-3.3 (a)
income from property of a foreign affiliate of a taxpayer for a taxation year includes the foreign affiliate’s income for the taxation year from an investment business and the foreign affiliate’s income for the taxation year from an adventure or concern in the nature of trade, but does not include (a) the foreign affiliate’s income for the taxation year from a business that is deemed by subsection (2) to be a business other than an active business of the foreign affiliate, or (b) the foreign affiliate’s income for the taxation year that pertains to or is incident to (i) an active business of the foreign affiliate, or (ii) a non-qualifying business of the foreign affiliate; ( revenu de biens )
Income Tax Act — I-3.3 (a)
r”) who is a qualifying member of that partnership, 2 a designated corporation in respect of the affiliate, or 3 a designated partnership in respect of the affiliate, if the corporations referred to in subclause (B)(I) and the designated corporations, designated partnerships, providing shareholders or providing members referred to in subclauses (B)(II) and (III) receive compensation from the operator for the services provided to the operator by those employees the value of which is not less than the cost to those corporations, partnerships, shareholders or members of the compensation paid or accruing to the benefit of those employees that performed the services during the time at which the services were performed by those employees; ( entreprise de placement )
Income Tax Act — I-3.3 (a)
investment property of a foreign affiliate of a taxpayer includes (a) a share of the capital stock of a corporation other than a share of another foreign affiliate of the taxpayer that is excluded property of the affiliate, (b) an interest in a partnership other than an interest in a partnership that is excluded property of the affiliate, (c) an interest in a trust other than an interest in a trust that is excluded property of the affiliate, (d) indebtedness or annuities, (e) commodities or commodities futures purchased or sold, directly or indirectly in any manner whatever, on a commodities or commodities futures exchange (except commodities manufactured, produced, grown, extracted or processed by the affiliate or a person to whom the affiliate is related (otherwise than because of a right referred to in paragraph 251(5)(b)) or commodities futures in respect of such commodities), (f) currency, (g) real property or immovables, (h) Canadian and foreign resource properties, (i) interests in funds or entities other than corporations, partnerships and trusts, and (j) interests in, or for civil law rights in, or options in respect of, property that is included in any of paragraphs (a) to (i); ( bien de placement )
Income Tax Act — I-3.3
lease obligation of a person includes an obligation under an agreement that authorizes the use of or the production or reproduction of property including information or any other thing; ( obligation découlant d’un bail )
Income Tax Act — I-3.3 (a)
lending of money by a person (for the purpose of this definition referred to as the “lender”) includes (a) the acquisition by the lender of trade accounts receivable (other than trade accounts receivable owing by a person with whom the lender does not deal at arm’s length) from another person or the acquisition by the lender of any interest in any such accounts receivable, (b) the acquisition by the lender of loans made by and lending assets (other than loans or lending assets owing by a person with whom the lender does not deal at arm’s length) of another person or the acquisition by the lender of any interest in such a loan or lending asset, (c) the acquisition by the lender of a foreign resource property (other than a foreign resource property that is a rental or royalty payable by a person with whom the lender does not deal at arm’s length) of another person, and (d) the sale by the lender of loans or lending assets (other than loans or lending assets owing by a person with whom the lender does not deal at arm’s length) or the sale by the lender of any interest in such loans or lending assets; and for the purpose of this definition, the definition lending asset in subsection 248(1) shall be read without the words “but does not include a prescribed property”; ( prêt d’argent )
Income Tax Act — I-3.3
licensing of property includes authorizing the use of or the production or reproduction of property including information or any other thing; ( concession d’une licence sur un bien )
Income Tax Act — I-3.3 (a)
non-qualifying business of a foreign affiliate of a taxpayer at any time means a business carried on by the foreign affiliate through a permanent establishment in a jurisdiction that, at the end of the foreign affiliate’s taxation year that includes that time, is a non-qualifying country, other than (a) an investment business of the foreign affiliate, or (b) a business that is deemed by subsection (2) to be a business other than an active business of the foreign affiliate; ( entreprise non admissible )
Income Tax Act — I-3.3 (a)
non-qualifying country , at any time, means a country or other jurisdiction (a) with which Canada neither has a tax treaty at that time nor has, before that time, signed an agreement that will, on coming into effect, be a tax treaty, (a.1) for which, if the time is after February 2014, the Convention on Mutual Administrative Assistance in Tax Matters — concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol, or other international instrument, as ratified by Canada — is at that time not in force and does not have effect, (b) with which Canada does not have a comprehensive tax information exchange agreement that is in force and has effect at that time, and (c) with which Canada has, more than 60 months before that time, either (i) begun negotiations for a comprehensive tax information exchange agreement (unless that time is before 2014 and Canada was, on March 19, 2007, in the course of negotiating a comprehensive tax information exchange agreement with that jurisdiction), or (ii) sought, by written invitation, to enter into negotiations for a comprehensive tax information exchange agreement (unless that time is before 2014 and Canada was, on March 19, 2007, in the course of negotiating a comprehensive tax information exchange agreement with that jurisdiction); ( pays non admissible )
Income Tax Act — I-3.3 (a)
participating percentage of a particular share owned by a taxpayer of the capital stock of a corporation in respect of any foreign affiliate of the taxpayer that was, at the end of its taxation year, a controlled foreign affiliate of the taxpayer is (a) where the foreign accrual property income of the affiliate for that year is $5,000 or less, nil, and (b) where the foreign accrual property income of the affiliate for that year exceeds $5,000, (i) the percentage that would be the taxpayer’s equity percentage in the affiliate at the end of that taxation year on the assumption that the taxpayer owned no shares other than the particular share (but in no case shall that assumption be made for the purpose of determining whether or not a corporation is a foreign affiliate of the taxpayer) if (A) the affiliate and each corporation that is relevant to the determination of the taxpayer’s equity percentage in the affiliate have, at that time, only one class of issued shares, and (B) no foreign affiliate (referred to in this clause as the “upper-tier affiliate”) of the taxpayer that is relevant to the determination of the taxpayer’s equity percentage in the affiliate has, at that time, an equity percentage in a foreign affiliate (including, for greater certainty, the affiliate) of the taxpayer that has an equity percentage in the upper-tier affiliate, and (ii) in any other case, the percentage determined in prescribed manner; ( pourcentage de participation )
Income Tax Act — I-3.3
permanent establishment has the meaning assigned by regulation; ( établissement stable )
Income Tax Act — I-3.3 (a)
relevant tax factor , of a person or partnership for a taxation year, means (a) in the case of a corporation (other than a Canadian-controlled private corporation or a corporation that is a substantive CCPC at any time in the year), or of a partnership all the members of which, other than non-resident persons, are corporations (other than Canadian-controlled private corporations or corporations that are substantive CCPCs at any time in the year), the quotient obtained by the formula 1/(A – B) where A is the percentage set out in paragraph 123(1)(a), and B is (i) in the case of a corporation, the percentage that is the corporation’s general rate reduction percentage (as defined by section 123.4) for the taxation year, and (ii) in the case of a partnership, the percentage that would be determined under subparagraph (i) in respect of the partnership if the partnership were a corporation whose taxation year is the partnership’s fiscal period, and (b) in any other case, 1.9; ( facteur fiscal approprié )
Income Tax Act — I-3.3 (a)
specified fixed interest , at any time, of an entity in a trust, means an interest of the entity as a beneficiary under the trust if (a) the interest includes, at that time, rights of the entity as a beneficiary under the trust to receive, at or after that time and directly from the trust, income and capital of the trust, (b) the interest was issued by the trust, at or before that time, to an entity, in exchange for consideration and the fair market value, at the time at which the interest was issued, of that consideration was equal to the fair market value, at the time at which it was issued, of the interest, (c) the only manner in which any part of the interest may cease to be the entity’s is by way of a disposition (determined without reference to paragraph (i) of the definition disposition in subsection 248(1) and paragraph 248(8)(c)) by the entity of that part, and (d) no amount of income or capital of the trust that any entity may receive directly from the trust at any time as a beneficiary under the trust depends on the exercise by any entity of, or the failure by any entity to exercise, a discretionary power; ( participation fixe désignée )
Income Tax Act — I-3.3 (a)
specified person or partnership , in respect of a taxpayer, at any time means the taxpayer or a person (other than a designated acquired corporation of the taxpayer), or a partnership, that is at that time (a) a person (other than a partnership) that is resident in Canada and does not, at that time, deal at arm’s length with the taxpayer, (b) a specified predecessor corporation of the taxpayer or of a specified person or partnership in respect of the taxpayer, (c) a foreign affiliate of (i) the taxpayer, (ii) a person that is at that time a specified person or partnership in respect of the taxpayer under this definition because of paragraph (a) or (b), or (iii) a partnership that is at that time a specified person or partnership in respect of the taxpayer under this definition because of paragraph (d), or (d) a partnership a member of which is at that time a specified person or partnership in respect of the taxpayer under this definition; ( personne ou société de personnes déterminée )
Income Tax Act — I-3.3 (a)
specified predecessor corporation of a particular corporation means (a) an antecedent corporation of the particular corporation, (b) a predecessor corporation (within the meaning assigned by subsection 87(1)) in respect of an amalgamation by which the particular corporation was formed, or (c) a specified predecessor corporation of a specified predecessor corporation of the particular corporation; ( société remplacée déterminée )
Income Tax Act — I-3.3 (a)
specified purchaser , at any time, in respect of a particular taxpayer resident in Canada, means an entity that is, at that time, (a) the particular taxpayer, (b) an entity resident in Canada with which the particular taxpayer does not deal at arm’s length, (c) a foreign affiliate of an entity described in any of paragraphs (a) and (b) and (d) to (f), (d) a trust (other than an exempt trust) in which an entity described in any of paragraphs (a) to (c) and (e) and (f) is beneficially interested, (e) a partnership of which an entity described in any of paragraphs (a) to (d) and (f) is a member, or (f) an entity (other than an entity described in any of paragraphs (a) to (e)) with which an entity described in any of paragraphs (a) to (e) does not deal at arm’s length; ( acheteur déterminé )
Income Tax Act — I-3.3
surplus entitlement percentage , at any time, of a taxpayer in respect of a foreign affiliate has the meaning assigned by regulation; ( pourcentage de droit au surplus )
Income Tax Act — I-3.3 (a)
taxable Canadian business , at any time, of a foreign affiliate of a taxpayer resident in Canada or of a partnership of which a foreign affiliate of a taxpayer resident in Canada is a member (which foreign affiliate or partnership is referred to in this definition as the “operator”), means a business the income from which (a) is, or would be if there were income from the business for the operator’s taxation year or fiscal period that includes that time, included in computing the foreign affiliate’s taxable income earned in Canada for a taxation year under subparagraph 115(1)(a)(ii), and (b) is not, or would not be if there were income from the business for the operator’s taxation year or fiscal period that includes that time, exempt, because of a tax treaty with a country, from tax under this Part; ( entreprise canadienne imposable )
Income Tax Act — I-3.3
taxation year in relation to a foreign affiliate of a taxpayer means the period for which the accounts of the foreign affiliate have been ordinarily made up, but no such period may exceed 53 weeks; ( année d’imposition )
Income Tax Act — I-3.3
trust company includes a corporation that is resident in Canada and that is a loan company as defined in subsection 2(1) of the Canadian Payments Act . ( société de fiducie )
Income Tax Act — I-3.3
Canadian indebtedness means indebtedness (other than upstream deposits) owed by persons resident in Canada or in respect of businesses carried on in Canada. ( dettes canadiennes )
Income Tax Act — I-3.3
eligible bank affiliate , of an eligible Canadian bank at any time, means a foreign bank that, at that time, is a controlled foreign affiliate (for the purposes of section 17) of the eligible Canadian bank and is described in subparagraph (a)(i) of the definition investment business in subsection (1). ( filiale bancaire admissible )
Income Tax Act — I-3.3
eligible Canadian bank means a bank listed in Schedule I to the Bank Act . ( banque canadienne admissible )
Income Tax Act — I-3.3
eligible Canadian indebtedness , owing to an eligible bank affiliate of an eligible Canadian bank, means bonds, debentures, notes or similar obligations of the Government of Canada, the government of a province, an agent of a province, a municipality in Canada or a municipal or public body performing a function of government in Canada, that are owing to the affiliate, other than property in respect of which paragraph (2)(a.3) does not apply because of subsection (2.31). ( dettes canadiennes admissibles )
Income Tax Act — I-3.3 (a)
eligible currency hedge , of an eligible bank affiliate of an eligible Canadian bank, means an agreement that provides for the purchase, sale or exchange of currency and that (a) can reasonably be considered to have been made by the affiliate to reduce its risk of fluctuations in the value of currency with respect to eligible Canadian indebtedness and upstream deposits owing to the affiliate; and (b) cannot reasonably be considered to have been made by the affiliate to reduce its risk with respect to property other than eligible Canadian indebtedness and upstream deposits owing to the affiliate. ( couverture de change admissible )
Income Tax Act — I-3.3 (a)
excess liquidity , of an eligible bank affiliate of an eligible Canadian bank for a taxation year of the affiliate, means the amount, if any, by which (a) the average of all amounts each of which is, in respect of a month that ends in the 12-month period that begins 60 days prior to the beginning of the year — or, if the affiliate was formed after the beginning of the period, in respect of a month that ends in the year — the amount of the affiliate’s relationship deposits for the month, expressed in the affiliate’s calculating currency for the year unless the context requires otherwise, exceeds (b) the average of all amounts each of which is, in respect of a month that ends in the period — or, if the affiliate was formed after the beginning of the period, in respect of a month that ends in the year — the amount of the affiliate’s organic assets for the month, expressed in the affiliate’s calculating currency for the year unless the context requires otherwise. ( liquidités excédentaires )
Income Tax Act — I-3.3 (a)
organic assets , of an eligible bank affiliate of an eligible Canadian bank for a month, means the total of all amounts in respect of the affiliate each of which is (a) included in the amounts reported as loans in the assets section of the consolidated monthly balance sheet accepted by the Superintendent of Financial Institutions that is filed for the month by the bank, or another corporation resident in Canada that is related to the bank at the end of the month, or (b) an amount owing to the affiliate by a person that is related to the affiliate (other than an amount described in paragraph (a)) but does not include the amount of an eligible Canadian indebtedness or upstream deposit owing to the affiliate. ( actif organique )