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

Regulations are current to 2014-08-05 and last amended on 2014-06-19. Previous Versions

PART XXVIIIELECTIONS IN RESPECT OF ACCUMULATING INCOMES OF TRUSTS

  •  (1) Any election under subsection 104(14) of the Act in respect of a taxation year shall be made by filing with the Minister a written statement

    • (a) in which the election in respect of the year is made;

    • (b) in which is designated the part of the accumulating income in respect of which the election is being made; and

    • (c) that is signed by the preferred beneficiary and a trustee having the authority to make the election.

  • (2) The statement shall be filed within 90 days after the end of the trust’s taxation year in respect of which the election referred to in subsection (1) is made.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/2001-164, s. 1;
  • SOR/2007-116, s. 8.

PART XXIXSCIENTIFIC RESEARCH AND EXPERIMENTAL DEVELOPMENT

Interpretation

  •  (1) [Repealed, SOR/2000-296, s. 1]

  • (2) For the purposes of clause 37(8)(a)(i)(B) and subclause 37(8)(a)(ii)(A)(II) of the Act, the following expenditures are directly attributable to the prosecution of scientific research and experimental development:

    • (a) the cost of materials consumed or transformed in such prosecution;

    • (b) where an employee directly undertakes, supervises or supports such prosecution, the portion of the amount incurred for salary or wages of the employee that can reasonably be considered to be in respect of such prosecution; and

    • (c) other expenditures, or those portions of other expenditures, that are directly related to such prosecution and that would not have been incurred if such prosecution had not occurred.

  • (3) For the purposes of subclause 37(8)(a)(ii)(A)(II) of the Act, the following expenditures are directly attributable to the provision of premises, facilities or equipment for the prosecution of scientific research and experimental development:

    • (a) the cost of the maintenance and upkeep of such premises, facilities or equipment; and

    • (b) other expenditures, or those portions of other expenditures, that are directly related to that provision and that would not have been incurred if those premises or facilities or that equipment had not existed.

  • (4) For the purposes of the definition “qualified expenditure” in subsection 127(9) of the Act, the prescribed proxy amount of a taxpayer for a taxation year, in respect of a business, in respect of which the taxpayer elects under clause 37(8)(a)(ii)(B) of the Act is 55% of the total of all amounts each of which is that portion of the amount incurred in the year by the taxpayer in respect of salary or wages of an employee of the taxpayer who is directly engaged in scientific research and experimental development carried on in Canada that can reasonably be considered to relate to the scientific research and experimental development having regard to the time spent by the employee on the scientific research and experimental development.

  • (5) Subject to subsections (6) to (8), where in subsection (4) the portion of an expenditure is all or substantially all of the expenditure, that portion shall be replaced by the amount of the expenditure.

  • (6) The amount determined under subsection (4) as the prescribed proxy amount of a taxpayer for a taxation year in respect of a business shall not exceed the amount, if any, by which

    • (a) the total of all amounts deducted in computing the taxpayer’s income for the year from the business,

    exceeds the total of all amounts each of which is

    • (b) an amount deducted in computing the income of the taxpayer for the year from the business under any of sections 20, 24, 26, 30, 32, 37, 66 to 66.8 and 104 of the Act, or

    • (c) an amount incurred by the taxpayer in the year in respect of any outlay or expense made or incurred for the use of, or the right to use, a building other than a special-purpose building.

  • (7) In determining the prescribed proxy amount of a taxpayer for a taxation year, the portion of the amount incurred in the year by the taxpayer in respect of salary or wages of a specified employee of the taxpayer that is included in computing the total described in subsection (4) shall not exceed the lesser of

    • (a) 75% of the amount incurred by the taxpayer in the year in respect of salary or wages of the employee, and

    • (b) the amount determined by the formula

      2.5 × A × B / 365

      where

      A 
      is the Year’s Maximum Pensionable Earnings (as determined under section 18 of the Canada Pension Plan) for the calendar year in which the taxation year ends, and
      B 
      is the number of days in the taxation year in which the employee is an employee of the taxpayer.
  • (8) Where

    • (a) a taxpayer is a corporation,

    • (b) the taxpayer employs in a taxation year ending in a calendar year an individual who is a specified employee of the taxpayer,

    • (c) the taxpayer is associated with another corporation (referred to as the “associated corporation”) in a taxation year of the associated corporation ending in the calendar year, and

    • (d) the individual is an employee of the associated corporation in the taxation year of the associated corporation ending in the calendar year,

    the total of all amounts that may be included in computing the total described in subsection (4) in respect of salaries or wages of the individual by the taxpayer in its taxation year ending in the calendar year and by all associated corporations in their taxation years ending in the calendar year shall not exceed the amount that is 2.5 times the Year’s Maximum Pensionable Earnings (as determined under section 18 of the Canada Pension Plan) for the calendar year.

  • (9) For the purposes of subsections (4) and (7), an amount incurred in respect of salary or wages of an employee in a taxation year does not include

    • (a) an amount described in section 6 or 7 of the Act;

    • (b) an amount deemed under subsection 78(4) of the Act to have been incurred;

    • (c) bonuses; or

    • (d) remuneration based on profits.

  • (10) For the purpose of subsection (8),

    • (a) an individual related to a particular corporation, and

    • (b) a partnership any member of which is an individual related to a particular corporation or is a corporation associated with a particular corporation,

    shall be deemed to be a corporation associated with the particular corporation.

  • (11) The depreciable property of a taxpayer that is prescribed for the purposes of the definition “first term shared-use-equipment” in subsection 127(9) of the Act is

    • (a) a building of the taxpayer;

    • (b) a leasehold interest of the taxpayer in a building;

    • (c) a property of the taxpayer if, at the time it was acquired by the taxpayer, the taxpayer or a person related to the taxpayer intended that it would be used in the prosecution of scientific research and experimental development during the assembly, construction or commissioning of a facility, plant or line for commercial manufacturing, commercial processing or other commercial purposes (other than scientific research and experimental development) and intended

      • (i) that it would be used during its operating time in its expected useful life primarily for purposes other than scientific research and experimental development, or

      • (ii) that its value would be consumed primarily in activities other than scientific research and experimental development; and

    • (d) part of a property of the taxpayer if, at the time the part was acquired by the taxpayer, the taxpayer or a person related to the taxpayer intended that the part would be used in the prosecution of scientific research and experimental development during the assembly, construction or commissioning of a facility, plant or line for commercial manufacturing, commercial processing or other commercial purposes (other than scientific research and experimental development), and intended

      • (i) that it would be used during its operating time in its expected useful life primarily for purposes other than scientific research and experimental development, or

      • (ii) that its value would be consumed primarily in activities other than scientific research and experimental development.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/78-749, s. 1;
  • SOR/86-1136, ss. 3, 4;
  • SOR/94-686, s. 53(F);
  • SOR/95-63, s. 1;
  • SOR/2000-296, s. 1;
  • 2012, c. 31, s. 62.