Income Tax Regulations (C.R.C., c. 945)

Regulations are current to 2016-04-12 and last amended on 2015-07-01. Previous Versions

Prescribed Payment Card Corporation Share not Mark-to-Market Property

 For the purpose of paragraph (b) of the definition excluded property in subsection 142.2(1) of the Act, a prescribed payment card corporation share of a taxpayer at any time means a share of the capital stock of a particular corporation if, at that time,

  • (a) the particular corporation is any one of the following

    • (i) MasterCard International Incorporated,

    • (ii) MasterCard Incorporated, or

    • (iii) Visa Inc.; and

  • (b) the share

    • (i) is of a class of shares that is not listed on a stock exchange,

    • (ii) is not convertible into or exchangeable for a share of the class of the capital stock of a corporation that is listed on a stock exchange, and

    • (iii) was issued by the particular corporation to the taxpayer or to a person related to the taxpayer.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. 2009, c. 2, s. 118.

 [Repealed, 2009, c. 2, s. 118]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. 2009, c. 2, s. 118.

Significant Interest in a Corporation

 For the purpose of paragraph 142.2(3)(c) of the Act, a share described in paragraph 9002(2)(b) is prescribed in respect of all taxpayers.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. 2009, c. 2, s. 118.

Financing Arrangement not a Specified Debt Obligation

 For the purpose of paragraph (c) of the definition specified debt obligation in subsection 142.2(1) of the Act, a property is a prescribed property throughout a taxation year if

  • (a) the property is a direct financing lease, or any other financing arrangement, of a taxpayer that is reported as a loan in the taxpayer’s financial statements for the year prepared in accordance with generally accepted accounting principles; and

  • (b) in computing the taxpayer’s income for the year, an amount is deductible under paragraph 20(1)(a) of the Act in respect of the property that is the subject of the arrangement.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/99-91, s. 8;
  • 2009, c. 2, s. 118.

PART XCIFinancial Institutions — Income from Specified Debt Obligations

Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

fixed payment obligation

fixed payment obligation, of a taxpayer, means a specified debt obligation under which

  • (a) the amount and timing of each payment (other than a fee or similar payment or an amount payable because of a default by the debtor) to be made by the debtor were fixed when the taxpayer acquired the obligation and have not been changed; and

  • (b) all payments are to be made in the same currency. (titre à paiements fixes)

primary currency

primary currency, of a specified debt obligation, means

  • (a) the currency with which the obligation is primarily connected; and

  • (b) if there is no such currency, Canadian currency. (monnaie principale)

tax basis

tax basis, of a specified debt obligation at any time to a taxpayer, has the meaning assigned by subsection 142.4(1) of the Act. (montant de base)

total return

total return, of a taxpayer from a fixed payment obligation, means the amount, measured in the primary currency of the obligation, by which

  • (a) the total of all amounts each of which is the amount of a payment (other than a fee or similar payment) required to be made by the debtor under the obligation after its acquisition by the taxpayer

exceeds

  • (b) the cost to the taxpayer of the obligation. (rendement total)

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/2009-222, s. 7.

Prescribed Inclusions and Deductions

Marginal note:Inclusion
  •  (1) For the purpose of paragraph 142.3(1)(a) of the Act, where a taxpayer holds a specified debt obligation at any time in a taxation year, the amount prescribed in respect of the obligation for the year is the total of

    • (a) the taxpayer’s accrued return from the obligation for the year,

    • (b) if the taxpayer’s accrual adjustment determined under section 9102 in respect of the obligation for the year is greater than nil, the amount of the adjustment, and

    • (c) if a foreign exchange adjustment is determined under section 9104 in respect of the obligation for the year and is greater than nil, the amount of the adjustment.

  • Marginal note:Deduction

    (2) For the purpose of paragraph 142.3(1)(b) of the Act, where a taxpayer holds a specified debt obligation at any time in a taxation year, the amount prescribed in respect of the obligation is the total of

    • (a) if the taxpayer’s accrual adjustment determined under section 9102 in respect of the obligation for the year is less than nil, the absolute value of the amount of the adjustment, and

    • (b) if a foreign exchange adjustment is determined under section 9104 in respect of the obligation for the year and is less than nil, the absolute value of the amount of the adjustment.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/2009-222, s. 7.

General Accrual Rules

Marginal note:Fixed payment obligation not in default
  •  (1) For the purpose of paragraph 9101(1)(a), a taxpayer’s accrued return for a taxation year from a fixed payment obligation, under which each payment required to be made before the end of the year was made by the debtor when it was required to be made, shall be determined in accordance with the following rules:

    • (a) determine, in the primary currency of the obligation, the portion of the taxpayer’s total return from the obligation that is allocated to each day in the year using

      • (i) the level-yield method described in subsection (2), or

      • (ii) any other reasonable method that is substantially similar to the level-yield method;

    • (b) if the primary currency of the obligation is not Canadian currency, translate to Canadian currency the amount allocated to each day in the year, using a reasonable method of translation; and

    • (c) determine the total of all amounts each of which is the Canadian currency amount allocated to a day, in the year, at the beginning of which the taxpayer holds the obligation.

  • Marginal note:Level-yield method

    (2) For the purpose of subsection (1), the level-yield method for allocating a taxpayer’s total return from a fixed payment obligation is the method that allocates, to each particular day in the period that begins on the day following the day on which the taxpayer acquired the obligation and that ends on the day on which the obligation matures, the amount determined by the formula

    (A + B - C) × D

    where

    A 
    is the cost of the obligation to the taxpayer (expressed in the primary currency of the obligation);
    B 
    is the total of all amounts each of which is the portion of the taxpayer’s total return from the obligation that is allocated to a day before the particular day;
    C 
    is the total of all payments required to be made under the obligation after it was acquired by the taxpayer and before the particular day; and
    D 
    is the rate of interest per day that, if used in computing the present value (as of the end of the day on which the taxpayer acquired the obligation and based on daily compounding) of all payments to be made under the obligation after it was acquired by the taxpayer, produces a present value equal to the cost to the taxpayer of the obligation (expressed in the primary currency of the obligation).
  • Marginal note:Other specified debt obligations

    (3) For the purpose of paragraph 9101(1)(a), a taxpayer’s accrued return for a taxation year from a specified debt obligation, other than an obligation to which subsection (1) applies, shall be determined

    • (a) using a reasonable method that,

      • (i) taking into account the extent to which the obligation differs from fixed payment obligations, is consistent with the principles implicit in the methods that can be used under subsection (1) for fixed payment obligations, and

      • (ii) is in accordance with generally accepted accounting practice for the measurement of profit from debt obligations; and

    • (b) on the basis of reasonable assumptions with respect to the timing and amount of any payments to be made by the debtor under the obligation that are not fixed in their timing or amount (expressed in the primary currency of the obligation).

  • Marginal note:Accrual adjustment nil

    (4) For the purposes of paragraphs 9101(1)(b) and (2)(a), if subsection 142.3(1) of the Act applies to a taxpayer for a particular taxation year in respect of a specified debt obligation and either the subsection did not apply in respect of the obligation for the taxpayer’s immediately preceding taxation year or the taxpayer did not own the obligation at the end of that immediately preceding taxation year, the taxpayer’s accrual adjustment in respect of the obligation for the particular taxation year is nil.

  • Marginal note:Accrual adjustment

    (5) For the purposes of paragraphs 9101(1)(b) and (2)(a), if subsection (4) does not apply to determine a taxpayer’s accrual adjustment in respect of a specified debt obligation for a particular taxation year, the taxpayer’s accrual adjustment is the positive or negative amount determined by the formula

    A - B

    where

    A 
    is the total of all amounts each of which is the amount that would be the taxpayer’s accrued return from the obligation for a taxation year, before the particular taxation year, for which subsection 142.3(1) of the Act applied to the taxpayer in respect of the obligation if the accrued return were redetermined on the basis of
    • (a) the information available at the end of the particular taxation year, and

    • (b) the assumptions, if any, with respect to the timing and amount of payments to be made under the obligation after the particular taxation year that were used for the purpose of determining the taxpayer’s accrued return from the obligation for the particular taxation year; and

    B 
    is the total of
    • (a) the amount included under paragraph 9101(1)(a) as the taxpayer’s accrued return from the obligation for the taxation year immediately preceding the particular taxation year, and

    • (b) if the taxpayer’s accrual adjustment in respect of the obligation for that immediately preceding taxation year was determined under this subsection, the value of A for the purpose of determining that accrual adjustment.

  • Marginal note:Special cases and transition

    (6) The rules in this section for determining accrued returns and accrual adjustments are subject to section 9103.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/2009-222, s. 7.
 
Date modified: