Income Tax Act

Version of section 80.3 from 2004-08-31 to 2009-12-14:

Marginal note:Definitions
  •  (1) In this section,

    breeding animals

    animaux reproducteurs

    breeding animals means

    • (a) horses that are over 12 months of age and are kept for breeding in the commercial production of pregnant mares’ urine, and

    • (b) deer, elk and other similar grazing ungulates, bovine cattle, bison, goats and sheep that are over 12 months of age and are kept for breeding; (animaux reproducteurs)

    breeding herd

    troupeau reproducteur

    breeding herd of a taxpayer at any time means the number determined by the formula

    A - (B - C)

    where

    A
    is the total number of the taxpayer’s breeding animals held in the course of carrying on a farming business at that time,
    B
    is the total number of the taxpayer’s breeding animals held in the business at that time that are female bovine cattle that have not given birth to calves, and
    C
    is the lesser of the number determined as the value of B and one-half the total number of the taxpayer’s breeding animals held in the business at that time that are female bovine cattle that have given birth to calves.
  • Marginal note:Income deferral from the destruction of livestock

    (2) Where a particular amount in respect of the forced destruction of livestock under statutory authority in a taxation year of a taxpayer is included in computing the income of the taxpayer for the year from a farming business, there may be deducted in computing that income such amount as the taxpayer claims not exceeding the particular amount.

  • Marginal note:Inclusion of deferred amount

    (3) The amount deducted under subsection (2) in computing the income of a taxpayer from a farming business for a taxation year shall be deemed to be income of the taxpayer from the business for the taxpayer’s immediately following taxation year.

  • Marginal note:Income deferral for sales in prescribed drought region

    (4) Where in a taxation year a taxpayer carries on a farming business in a region that is a prescribed drought region at any time in the year and the taxpayer’s breeding herd at the end of the year in respect of the business does not exceed 85% of the taxpayer’s breeding herd at the beginning of the year in respect of the business, there may be deducted in computing the taxpayer’s income from the business for the year such amount as the taxpayer claims, not exceeding the amount, if any, determined by the formula

    (A - B) × C

    where

    A
    is the amount by which
    • (a) the total of all amounts included in computing the taxpayer’s income for the year from the business in respect of the sale of breeding animals in the year

    exceeds

    • (b) the total of all amounts deducted under paragraph 20(1)(n) in computing the taxpayer’s income from the business for the year in respect of an amount referred to in paragraph (a) of this description;

    B
    is the total of all amounts deducted in computing the taxpayer’s income from the business for the year in respect of the acquisition of breeding animals; and
    C
    is
    • (a) 30% where the taxpayer’s breeding herd at the end of the year in respect of the business exceeds 70% of the taxpayer’s breeding herd at the beginning of the year in respect of the business, and

    • (b) 90% where the taxpayer’s breeding herd at the end of the year in respect of the business does not exceed 70% of the taxpayer’s breeding herd at the beginning of the year in respect of the business.

  • Marginal note:Inclusion of deferred amount

    (5) The amount deducted under subsection (4) in computing the income of a taxpayer for a particular taxation year from a farming business carried on in a prescribed drought region may, to the extent that the taxpayer so elects, be included in computing the taxpayer’s income from the business for a taxation year ending after the particular taxation year, and shall, except to the extent that the amount has been included under this subsection in computing the taxpayer’s income from the business for a preceding taxation year after the particular year, be deemed to be income of the taxpayer from the business for the taxation year of the taxpayer that is the earliest of

    • (a) the first taxation year beginning after the end of the period or series of continuous periods, as the case may be, for which the region is a prescribed drought region,

    • (b) the first taxation year, following the particular taxation year, at the end of which the taxpayer is

      • (i) non-resident, and

      • (ii) not carrying on business through a fixed place of business in Canada, and

    • (c) the taxation year in which the taxpayer dies.

  • Marginal note:Where ss. (2) and (4) do not apply

    (6) Subsections 80.3(2) and (4) do not apply to a taxpayer in respect of a farming business for a taxation year

    • (a) in which the taxpayer died; or

    • (b) where at the end of the year the taxpayer is non-resident and not carrying on the business through a fixed place of business in Canada.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 80.3;
  • 1994, c. 7, Sch. II, s. 59, Sch. VIII, s. 31.
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