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

Regulations are current to 2017-10-13 and last amended on 2017-07-01. Previous Versions

Contents of Information Returns

 Every information return required to be filed under subsection 110.1(16) or 118.1(27) of the Act in respect of a transfer of property must contain

  • (a) a description of the transferred property;

  • (b) the fair market value of the transferred property at the time of the transfer;

  • (c) the date on which the property was transferred;

  • (d) the name and address of the transferee of the property including, in the case of an individual, their first name and initial; and

  • (e) if the transferor of the property, or a person not dealing at arm’s length with the transferor, issued the receipt referred to in subsection 110.1(14) or 118.1(25) of the Act, the information contained in that receipt.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. 2011, c. 24, s. 82.

Employees’ Charity Trusts

[SOR/94-140, s. 9(F), SOR/94-686, s. 51(F)]

 Where

  • (a) a registered organization

    • (i) is an employees’ charity trust, or

    • (ii) has appointed an employer as agent for the purpose of remitting, to that registered organization, donations that are collected by the employer from the employer’s employees, and

  • (b) each copy of the return required by section 200 to be filed for a year by an employer of employees who donated to the registered organization in that year shows

    • (i) the amount of each employee’s donations to the registered organization for the year collected by the employer, and

    • (ii) the registration number assigned by the Minister to the registered organization,

section 3501 shall not apply and the copy of the portion of the return, relating to each employee who made a donation to the registered organization in that year, that is required by section 209 to be distributed to the employee for filing with the employee’s income tax return shall be an official receipt.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/94-140, s. 10;
  • SOR/94-686, s. 51(F).

Universities Outside Canada

 For the purposes of subparagraph (a)(iv) of the definition qualified donee in subsection 149.1(1) of the Act, the universities outside Canada named in Schedule VIII are prescribed to be universities the student body of which ordinarily includes students from Canada.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/90-411, s. 1;
  • SOR/94-686, s. 51(F);
  • 2011, c. 24, s. 83.

Prescribed Donees

 For the purposes of subparagraphs 110.1(2.1)(a)(ii) and 118.1(5.4)(a)(ii) of the Act, the following are prescribed donees:

  • (a) Friends of the Nature Conservancy of Canada, Inc., a charity established in the United States;

  • (b) The Nature Conservancy, a charity established in the United States; and

  • (c) American Friends of Canadian Land Trusts.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/86-488, s. 6;
  • SOR/94-140, s. 11;
  • SOR/94-686, s. 51(F);
  • SOR/2007-74, s. 2;
  • SOR/2010-197, s. 1;
  • 2013, c. 34, s. 394.

Conditions

 [Repealed, 2017, c. 20, s. 32]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. 2009, c. 2, s. 104;
  • 2017, c. 20, s. 32.

PART XXXVIReserves for Surveys

  •  (1) For the purposes of paragraph 20(1)(o) of the Act, the amount hereby prescribed is

    • (a) for the third taxation year preceding the taxation year during which a survey is scheduled to occur, the amount that is 1/4 of the estimate of the expenses of the survey;

    • (b) for the second taxation year preceding the taxation year during which a survey is scheduled to occur, the amount that is 1/2 of the estimate of the expenses of the survey;

    • (c) for the first taxation year preceding the taxation year during which a survey is scheduled to occur, the amount that is 3/4 of the estimate of the expenses of the survey; and

    • (d) for the taxation year during which a survey is scheduled to occur, if the quadrennial or other special surveys have not, at the end of the year, been completed to the extent that the vessel is permitted to proceed on a voyage, the amount remaining after deducting from the estimate of the expenses of the survey the amount of expenses actually incurred in the year in carrying out the survey.

  • (2) In this section,

    classification society

    classification society means a society or association for the classification and registry of shipping approved by the Minister of Transport under the Canada Shipping Act; (société de classification)

    estimate of the expenses of survey

    estimate of the expenses of survey means a fair and reasonable estimate, made by a taxpayer at the time of filing his return of income for the third taxation year preceding the taxation year in which a quadrennial survey is scheduled to occur, of the costs, charges and expenses which might be expected to be necessarily incurred by him by reason of that survey and in respect of which he does not have or possess nor is he likely to have or possess any right of reimbursement, recoupment, recovery or indemnification from any other person or source; (évaluation des dépenses d’expertise)

    inspector

    inspector means a steamship inspector appointed under Part VIII of the Canada Shipping Act; (inspecteur)

    quadrennial survey

    quadrennial survey means a periodical survey, not being an annual survey nor a survey coinciding as to time with the construction of a vessel, in accordance with the rules of a classification society or, an extended inspection, not being an annual inspection nor an inspection coinciding as to time with the construction of a vessel, pursuant to the provisions of the Canada Shipping Act, and the regulations thereunder; (expertise quadriennale)

    survey

    survey means the drydocking of a vessel, the examination and inspection of its hull, boilers, machinery, engines and equipment by an inspector or a surveyor and everything done to such vessel, its hull, boilers, machinery, engines and equipment pursuant to an order, requirement or recommendation given or made by the inspector or surveyor as the result of the examination and inspection so that a safety and inspection certificate might be issued in respect of the vessel pursuant to the provisions of the Canada Shipping Act, and the regulations thereunder or, as the case may be, so that the vessel might be entitled to retain the character assigned to it in the registry book of a classification society; (expertise)

    surveyor

    surveyor means a surveyor to a classification society. (expert)

PART XXXVIIRegistered Charities

[SOR/94-686, s. 51(F)]

 [Repealed, 2010, c. 25, s. 83]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/87-632, s. 1;
  • SOR/94-686, ss. 51(F), 73(F);
  • 2007, c. 35, s. 75;
  • 2010, c. 25, s. 83.

Disbursement Quota

  •  (1) For the purposes of the description of B in the definition disbursement quota in subsection 149.1(1) of the Act, the prescribed amount for a taxation year of a registered charity is determined as follows:

    • (a) choose a number, not less than two and not more than eight, of equal and consecutive periods that total twenty-four months and that end immediately before the beginning of the year;

    • (b) aggregate for each period chosen under paragraph (a) all amounts, each of which is the value, determined in accordance with section 3702, of a property, or a portion of a property, owned by the registered charity, and not used directly in charitable activities or administration, on the last day of the period;

    • (c) aggregate all amounts, each of which is the aggregate of values determined for each period under paragraph (b); and

    • (d) divide the aggregate amount determined under paragraph (c) by the number of periods chosen under paragraph (a).

  • (2) For the purposes of subsection (1) and subject to subsection (3),

    • (a) the number of periods chosen by a registered charity under paragraph (1)(a) shall, unless otherwise authorized by the Minister, be used for the taxation year and for all subsequent taxation years; and

    • (b) a registered charity is deemed to have existed on the last day of each of the periods chosen by it.

  • (3) The number of periods chosen under paragraph (1)(a) may be changed by the registered charity for its first taxation year commencing after 1986 and the new number shall, unless otherwise authorized by the Minister, be used for that taxation year and all subsequent taxation years.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/87-632, s. 1;
  • SOR/94-686, s. 51(F);
  • 2010, c. 25, s. 84.
 
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