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

Regulations are current to 2016-05-12 and last amended on 2016-02-26. Previous Versions

PART XXPolitical Contributions

Contents of Receipts

  •  (1) Every official receipt issued by a particular person who is a registered agent of a registered party or an electoral district agent of a registered association, to an individual who makes a monetary contribution to the registered party or registered association, as the case may be, shall contain a statement that it is an official receipt for income tax purposes and shall, in a manner that cannot readily be altered, show clearly

    • (a) the name of the registered party or registered association, as the case may be;

    • (b) the serial number of the receipt;

    • (c) the name of the particular person, as recorded in the registry maintained by the Chief Electoral Officer under section 374 or 403.08 of the Canada Elections Act;

    • (d) the date on which the receipt is issued;

    • (e) the date on which the monetary contribution is received;

    • (f) the individual’s name and address;

    • (g) the amount of the monetary contribution;

    • (h) a description of the advantage, if any, in respect of the monetary contribution and the amount of that advantage; and

    • (i) the eligible amount of the monetary contribution.

  • (2) Subject to subsection (3), every official receipt issued by an official agent of a candidate to an individual who makes a monetary contribution to the candidate shall contain a statement that it is an official receipt for income tax purposes and shall, in a manner that cannot readily be altered, show clearly

    • (a) the name of the candidate, as it appears in the candidate’s nomination papers;

    • (b) the serial number of the receipt;

    • (c) the name of the official agent;

    • (d) the date on which the receipt is issued;

    • (e) the date on which the monetary contribution is received;

    • (f) the polling day;

    • (g) the individual’s name and address;

    • (h) the amount of the monetary contribution;

    • (i) a description of the advantage, if any, in respect of the monetary contribution and the amount of that advantage; and

    • (j) the eligible amount of the monetary contribution.

  • (3) The information required by paragraph (2)(f) may be shown by use of a code on an official receipt form issued by the Chief Electoral Officer, provided that the Minister is advised of the meaning of the code used.

  • (4) For the purposes of subsections (1) and (2), an official receipt issued to replace an official receipt previously issued shall show clearly that it replaces the original receipt and, in addition to its own serial number, shall show the serial number of the receipt originally issued.

  • (5) A spoiled official receipt form shall be marked “cancelled” and, together with its duplicate, shall be filed by the electoral district agent, the official agent or the registered agent, as the case may be, together with the information return required to be filed with the Minister under subsection 230.1(2) of the Act.

  • (6) An official receipt form on which any of the following is incorrectly or illegibly entered is to be regarded as spoiled:

    • (a) the date on which the monetary contribution is received;

    • (b) the amount of the monetary contribution;

    • (c) a description of the advantage, if any, in respect of the monetary contribution and the amount of that advantage; and

    • (d) the eligible amount of the monetary contribution.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. 2013, c. 34, s. 388.

 [Repealed, 2013, c. 34, s. 389]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. 2013, c. 34, s. 389.

Interpretation

  •  (1) The following definitions apply in this Part.

    Chief Electoral Officer

    directeur général des élections

    Chief Electoral Officer means the person named as chief electoral officer or substitute chief electoral officer under section 13 or 14 of the Canada Elections Act. (directeur général des élections)

    nomination paper

    acte de candidature

    nomination paper means, in respect of a candidate, a nomination paper filed in respect of the candidate under the Canada Elections Act, with the corrections, if any, made under that Act to the nomination paper after its filing. (acte de candidature)

    official receipt

    reçu officiel

    official receipt means a receipt issued for the purposes of subsection 127(3) of the Act containing the information that is required under that subsection. (reçu officiel)

    official receipt form

    formulaire de reçu officiel

    official receipt form means

    • (a) in the case of an official receipt issued by an electoral district agent or a registered agent under subsection 2000(1), any printed form that an electoral district agent or a registered agent, as the case may be, has that is capable of being completed, or that originally was intended to be completed, as an official receipt of the electoral district agent or registered agent; and

    • (b) in the case of an official receipt issued by an official agent under subsection 2000(2), the official form prescribed under section 477 of the Canada Elections Act. (formulaire de reçu officiel)

  • (2) In this Part, official agent,polling day and registered agent have the meanings assigned to them by the Canada Elections Act.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. 2013, c. 34, s. 390.

PART XXIElections in Respect of Surpluses

Reduction of Tax-Paid Undistributed Surplus on Hand or 1971 Capital Surplus on Hand

 Any election under subsection 83(1) of the Act in respect of a dividend payable before 1979 by a Canadian corporation shall be made by filing with the Minister the following documents:

  • (a) the form prescribed by the Minister;

  • (b) where the directors of the corporation are legally entitled to administer the affairs of the corporation, a certified copy of their resolution authorizing the election to be made;

  • (c) where the directors of the corporation are not legally entitled to administer the affairs of the corporation, a certified copy of the authorization of the making of the election by the person or persons legally entitled to administer the affairs of the corporation;

  • (d) where paragraph (e) is not applicable, schedules showing the computation of the amount, immediately before the election, of the corporation’s

    • (i) tax-paid undistributed surplus on hand, if any,

    • (ii) 1971 capital surplus on hand, if any, and

    • (iii) 1971 undistributed income on hand, if any; and

  • (e) where subsection 83(3) of the Act is applicable, schedules showing the computation of the amount, immediately before the dividend became payable, of the corporation’s

    • (i) tax-paid undistributed surplus on hand, if any,

    • (ii) 1971 capital surplus on hand, if any, and

    • (iii) 1971 undistributed income on hand, if any.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/80-140, s. 2;
  • SOR/83-268, s. 2;
  • SOR/88-165, s. 11;
  • SOR/94-686, s. 79(F).

Capital Dividends and Life Insurance Capital Dividends Payable by Private Corporations

[SOR/94-686, s. 79(F)]

 Any election under subsection 83(2) of the Act in respect of a dividend payable by a private corporation shall be made by filing with the Minister the following documents:

  • (a) the form prescribed by the Minister;

  • (b) where the directors of the corporation are legally entitled to administer the affairs of the corporation, a certified copy of their resolution authorizing the election to be made;

  • (c) where the directors of the corporation are not legally entitled to administer the affairs of the corporation, a certified copy of the authorization of the making of the election by the person or persons legally entitled to administer the affairs of the corporation;

  • (d) where the election has been made under subsection 83(2) of the Act and paragraph (e) is not applicable, schedules showing the computation of the amount, immediately before the election, of the corporation’s

    • (i) capital dividend account, and

    • (ii) 1971 undistributed income on hand, if any, if the dividend was payable on or prior to March 31, 1977; and

  • (e) where the election has been made under subsection 83(2) of the Act and subsection 83(3) of the Act is applicable, schedules showing the computation of the amount, immediately before the dividend became payable, of the corporation’s

    • (i) capital dividend account, and

    • (ii) 1971 undistributed income on hand, if any, if the dividend was payable on or prior to March 31, 1977.

  • (f) and (g) [Repealed, SOR/88-165, s. 12]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/78-604, s. 1;
  • SOR/83-268, s. 3;
  • SOR/84-948, s. 10;
  • SOR/88-165, s. 12;
  • SOR/94-686, s. 79(F).
 
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