Keeping Canada’s Economy and Jobs Growing Act (S.C. 2011, c. 24)

Marginal note:Tax payable by non-residents (credits restricted)

118.94 Sections 118 to 118.06 and 118.2, subsections 118.3(2) and (3) and sections 118.6, 118.8 and 118.9 do not apply for the purpose of computing the tax payable under this Part for a taxation year by an individual who at no time in the year is resident in Canada unless all or substantially all the individual’s income for the year is included in computing the individual’s taxable income earned in Canada for the year.

“excluded amount”

« montant exclu »

“excluded amount”, in respect of an individual for a taxation year, means an amount that is the income from, or the taxable capital gain from the disposition of, a property acquired by or for the benefit of the individual as a consequence of the death of

• Marginal note:Taxable capital gain

  (4) If a specified individual would have for a taxation year, if this Act were read without reference to this section, a taxable capital gain (other than an excluded amount) from a disposition of shares (other than shares of a class listed on a designated stock exchange or shares of a mutual fund corporation) that are transferred, either directly or indirectly, in any manner whatever, to a person with whom the specified individual does not deal at arm’s length, then the amount of that taxable capital gain is deemed not to be a taxable capital gain and twice the amount is deemed to be received by the specified individual in the year as a taxable dividend that is not an eligible dividend.

• Marginal note:Taxable capital gain of trust

  (5) If a specified individual would be, if this Act were read without reference to this section, required under paragraph 104(13)(a) or subsection 105(2) to include an amount in computing the specified individual’s income for a taxation year, then to the extent that the amount can reasonably be considered to be attributable to a taxable capital gain (other than an excluded amount) of a trust from a disposition of shares (other than shares of a class listed on a designated stock exchange or shares of a mutual fund corporation) that are transferred, either directly or indirectly, in any manner whatever, to a person with whom the specified individual does not deal at arm’s length, paragraph 104(13)(a) and subsection 105(2) do not apply in respect of the amount and twice the amount is deemed to be received by the specified individual in the year as a taxable dividend that is not an eligible dividend.

• (a) the amount deemed by that subsection to have been paid by the eligible individual during the particular month specified for the taxation year is less than $50; and

• (b) it is reasonable to conclude that the amount deemed by that subsection to have been paid by the eligible individual during each subsequent month specified for the taxation year will be less than $50.

• Marginal note:Exceptions

  (2) Notwithstanding subsection (1), if a particular month is the first month during which an overpayment that is less than $20 (or such other amount as is prescribed) is deemed under that subsection to have arisen on account of a person’s liability under this Part for the base taxation year in relation to the particular month, any such overpayment that would, but for this subsection, reasonably be expected at the end of the particular month to arise during another month in relation to which the year is the base taxation year is deemed to arise under that subsection during the particular month and not during the other month.

• Marginal note:Death of cohabiting spouse

  (5) If the cohabiting spouse or common-law partner of an eligible individual in respect of a qualified dependant dies,

  • (a) the eligible individual shall notify the Minister in prescribed form of that event before the end of the first calendar month that begins after that event; and

  • (b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the eligible individual’s adjusted income for the year is deemed to be equal to the eligible individual’s income for the year.

• Marginal note:Separation from cohabiting spouse

  (6) If a person ceases to be an eligible individual’s cohabiting spouse or common-law partner,

  • (a) the eligible individual shall notify the Minister in prescribed form of that event before the end of the first calendar month that begins after that event; and

  • (b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the eligible individual’s adjusted income for the year is deemed to be equal to the eligible individual’s income for the year.

• Marginal note:Person becoming a cohabiting spouse

  (7) If a taxpayer becomes the cohabiting spouse or common-law partner of an eligible individual,

  • (a) the eligible individual shall notify the Minister in prescribed form of that event before the end of the first calendar month that begins after that event; and

  • (b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the taxpayer is deemed to have been the eligible individual’s cohabiting spouse or common-law partner at the end of the base taxation year in relation to that month.

• Marginal note:Ordering of events

  (8) If more than one event referred to in subsections (5) to (7) occur in a calendar month, only the subsection relating to the last of those events to have occurred applies.

• (a) that is a Canadian exploration expense incurred by a corporation after March 2011 and before 2013 (including, for greater certainty, an expense that is deemed by subsection 66(12.66) to be incurred before 2013) in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition “mineral resource” in subsection 248(1),

• (c) an amount in respect of which is renounced in accordance with subsection 66(12.6) by the corporation to the taxpayer (or a partnership of which the taxpayer is a member) under an agreement described in that subsection and made after March 2011 and before April 2012, and

• (d) that is not an expense that was renounced under subsection 66(12.6) to the corporation (or a partnership of which the corporation is a member), unless that renunciation was under an agreement described in that subsection and made after March 2011 and before April 2012;

Marginal note:Basic minimum tax credit determined

127.531 An individual’s basic minimum tax credit for a taxation year is the total of all amounts that may be deducted in computing the individual’s tax payable for the year under this Part under any of subsections 118(1) and (2), sections 118.1 and 118.2, subsection 118.3(1) and sections 118.5 to 118.7 and 119.

Marginal note:Basic minimum tax credit determined

127.531 An individual’s basic minimum tax credit for a taxation year is the total of all amounts each of which is

• (a) an amount deducted under any of subsections 118(1) and (2) and 118.3(1) and sections 118.5 to 118.7 and 119 in computing the individual’s tax payable for the year under this Part; or

• (b) the amount that was claimed under section 118.1 or 118.2 in computing the individual’s tax payable for the year under this Part, determined without reference to this Division, to the extent that the amount claimed does not exceed the maximum amount deductible under that section in computing the individual’s tax payable for the year under this Part, determined without reference to this Division.

• (a) an amount deducted under any of subsections 118(1) and (2), 118.01(2) and 118.3(1) and sections 118.5 to 118.7 and 119 in computing the individual’s tax payable for the year under this Part; or

• (a) an amount deducted under any of subsections 118(1), (2) and (10), 118.01(2), 118.02(2) and 118.3(1) and sections 118.5 to 118.7 and 119 in computing the individual’s tax payable for the year under this Part; or

• (a) an amount deducted under any of subsections 118(1), (2) and (10), 118.01(2), 118.02(2), 118.03(2) and 118.3(1) and sections 118.5 to 118.7 and 119 in computing the individual’s tax payable for the year under this Part; or

• (a) an amount deducted under any of subsections 118(1), (2) and (10), sections 118.01 to 118.05, subsection 118.3(1), sections 118.5 to 118.7 and 119 and subsection 127(1) in computing the individual’s tax payable for the year under this Part; or

• (a) an amount deducted under any of subsections 118(1), (2) and (10), sections 118.01 to 118.06, subsection 118.3(1), sections 118.5 to 118.7 and 119 and subsection 127(1) in computing the individual’s tax payable for the year under this Part; or