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

Regulations are current to 2013-05-26 and last amended on 2013-02-14. Previous Versions

 For the purposes of the definition “lending asset” in subsection 248(1) of the Act,

  • (a) a share owned by a bank is a prescribed share for a taxation year where it is a preferred share of the capital stock of a corporation that is dealing at arm’s length with the bank that may reasonably be considered to be, and is reported as, a substitute or alternative for a loan to the corporation, or another corporation with whom the corporation does not deal at arm’s length, in the bank’s annual report for the year to the relevant authority or, where the bank was throughout the year subject to the supervision of the relevant authority but was not required to file an annual report for the year with the relevant authority, in its financial statements for the year; and

  • (b) a property is a prescribed property for a taxation year where

    • (i) the security is a mark-to-market property (as defined in subsection 142.2(1) of the Act) for the year of a financial institution (as defined in subsection 142.2(1) of the Act),

    • (ii) the security is at any time in the year a property described in an inventory of a taxpayer, or

    • (iii) the property is a direct financing lease, or is any other financing arrangement, of a taxpayer that is reported as a loan in the taxpayer’s financial statement for the year prepared in accordance with generally accepted accounting principles and an amount is deductible under paragraph 20(1)(a) of the Act in respect of the property that is the subject of the lease or arrangement in computing the taxpayer’s income for the year.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/91-78, s. 3;
  • SOR/94-686, ss. 35(F), 79(F);
  • SOR/99-91, s. 1;
  • SOR/2009-222, s. 5.

 For the purposes of paragraph 38(a.1) of the Act, a prescribed debt obligation is a bond, debenture, note, mortgage or similar obligation

  • (a) of or guaranteed by the Government of Canada; or

  • (b) of the government of a province or an agent of that government.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/2001-187, s. 6.

PART LXIII

CHILD TAX BENEFITS

Interpretation

 In this Part, “qualified dependant” has the meaning assigned by section 122.6 of the Act.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/93-13, s. 1.

Non-Application of Presumption

  •  (1) For the purposes of paragraph (g) of the definition “eligible individual” in section 122.6 of the Act, the presumption referred to in paragraph (f) of that definition does not apply in the circumstances where

    • (a) the female parent of the qualified dependant declares in writing to the Minister that the male parent, with whom she resides, is the parent of the qualified dependant who primarily fulfils the responsibility for the care and upbringing of each of the qualified dependants who reside with both parents;

    • (b) the female parent is a qualified dependant of an eligible individual and each of them files a notice with the Minister under subsection 122.62(1) of the Act in respect of the same qualified dependant;

    • (c) there is more than one female parent of the qualified dependant who resides with the qualified dependant and each female parent files a notice with the Minister under subsection 122.62(1) of the Act in respect of the qualified dependant; or

    • (d) more than one notice is filed with the Minister under subsection 122.62(1) of the Act in respect of the same qualified dependant who resides with each of the persons filing the notices if such persons live at different locations.

  • (2) For greater certainty, a person who files a notice referred to in paragraph (1)(b), (c) or (d) includes a person who is not required under subsection 122.62(3) of the Act to file such a notice.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/93-13, s. 1;
  • SOR/99-17, s. 9.