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Budget Implementation Act, 2016, No. 2 (S.C. 2016, c. 12)

Assented to 2016-12-15

PART 1Amendments to the Income Tax Act and to Related Legislation (continued)

R.S., c. 1 (5th Supp.)Income Tax Act (continued)

  •  (1) Paragraphs 85(1)(d) to (d.12) of the Act are repealed.

  • (2) Paragraph 85(1)(e.1) of the Act is replaced by the following:

    • (e.1) where two or more properties, each of which is a property described in paragraph (e), are disposed of at the same time, paragraph (e) applies as if each property so disposed of had been separately disposed of in the order designated by the taxpayer before the time referred to in subsection (6) for the filing of an election in respect of those properties or, if the taxpayer does not so designate any such order, in the order designated by the Minister;

  • (3) The portion of paragraph 85(1)(e.3) of the Act before subparagraph (ii) is replaced by the following:

    • (e.3) where, under any of paragraphs (c.1) and (e), the amount that the taxpayer and the corporation have agreed on in their election in respect of the property (in this paragraph referred to as the elected amount) would be deemed to be an amount that is greater or less than the amount that would be deemed, subject to paragraph (c), to be the elected amount under paragraph (b), the elected amount is deemed to be the greater of

      • (i) the amount deemed by paragraph (c.1) or (e), as the case may be, to be the elected amount, and

  • (4) Paragraph 85(1.1)(e) of the Act is repealed.

  • (5) Subsections (1) to (4) come into force or are deemed to have come into force on January 1, 2017.

  •  (1) Paragraph 87(2)(f) of the Act is repealed.

  • (2) Paragraph 87(2)(g.3) of the Act is replaced by the following:

    • (g.3) for the purposes of applying subsections 13(21.2), 18(15) and 40(3.4) to any property that was disposed of by a predecessor corporation before the amalgamation, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation;

  • (3) Subsections (1) and (2) come into force or are deemed to have come into force on January 1, 2017.

  •  (1) Paragraph 88(1)(c.1) of the Act is repealed.

  • (2) Paragraph 88(1)(d.1) of the Act is replaced by the following:

    • (d.1) subsection 84(2) and section 21 of the Income Tax Application Rules do not apply to the winding-up of the subsidiary, and subsection 13(21.2) does not apply to the winding-up of the subsidiary with respect to property acquired by the parent on the winding-up;

  • (3) Subsections (1) and (2) come into force or are deemed to have come into force on January 1, 2017.

  •  (1) Subparagraph (c.1)(i) of the definition capital dividend account in subsection 89(1) of the Act is replaced by the following:

    • (i) 1/2 of the total of all amounts each of which is an amount required by paragraph 14(1)(b) (as it read before 2017) to be included in computing the corporation’s income in respect of a business carried on by the corporation for a taxation year that is included in the period and that ended after February 27, 2000 and before October 18, 2000,

  • (2) Subparagraph (c.2)(i) of the definition capital dividend account in subsection 89(1) of the Act is replaced by the following:

    • (i) the total of all amounts each of which is an amount required by paragraph 14(1)(b) (as it read before 2017) or subparagraph 13(38)(d)(iii) to be included in computing the corporation’s income in respect of a business carried on by the corporation for a taxation year that is included in the period and that ends after October 17, 2000,

  • (3) Subparagraph (d)(iii) of the definition capital dividend account in subsection 89(1) of the Act is replaced by the following:

    • (iii) the adjusted cost basis (in this paragraph as defined in subsection 148(9)), immediately before the death, of

      • (A) if the death occurs before March 22, 2016, a policy referred to in subparagraph (i) or (ii) to the corporation, and

      • (B) if the death occurs after March 21, 2016, a policyholder’s interest in a policy referred to in subparagraph (i) or (ii),

  • (4) Paragraph (d) of the definition capital dividend account in subsection 89(1) of the Act is amended by adding the following after subparagraph (iv):

    • (v) if the death occurs after March 21, 2016, an interest in the policy was disposed of by a policyholder (other than a taxable Canadian corporation) after 1999 and before March 22, 2016 and subsection 148(7) applied to the disposition, the total of

      • (A) the amount, if any, by which the fair market value of consideration given in respect of the disposition exceeds the total of

        • (I) the greater of the amount determined under subparagraph 148(7)(a)(i) in respect of the disposition and the adjusted cost basis to the policyholder of the interest immediately before the disposition, and

        • (II) the amount by which the paid-up capital of any class of the capital stock of a corporation resulting from the disposition is reduced at the beginning of March 22, 2016 because of the application of paragraphs 148(7)(c) and (f) in respect of the disposition, and

      • (B) if the paid-up capital in respect of a class of shares of the capital stock of a corporation was increased before March 22, 2016 as described in subparagraph 148(7)(f)(iii) in respect of the disposition, the amount, if any, by which the total reduction in the paid-up capital in respect of that class — not exceeding the amount of that increase — after that increase and before March 22, 2016 (except to the extent that the amount of the reduction was deemed by subsection 84(4) or (4.1) to be a dividend received by a taxpayer) exceeds the amount determined under subparagraph 148(7)(a)(i) in respect of the disposition, or

    • (vi) if the death occurs after March 21, 2016, an interest in the policy was disposed of by a policyholder (other than a taxable Canadian corporation) after 1999 and before March 22, 2016 and subsection 148(7) applied to the disposition, the amount, if any, determined by the formula

      A − B

      where

      A
      is the amount, if any, by which the lesser of the adjusted cost basis to the policyholder of the interest immediately before the disposition and the fair market value of consideration given in respect of the disposition exceeds the amount determined under subparagraph 148(7)(a)(i) in respect of the disposition, and
      B
      is the absolute value of the negative amount, if any, that would be, in the absence of section 257, the adjusted cost basis, immediately before the death, of the interest in the policy,
  • (5) Subparagraph (b)(iii) of the definition paid-up capital in subsection 89(1) of the Act is replaced by the following:

    • (iii) if the particular time is after March 31, 1977, an amount equal to the paid-up capital in respect of that class of shares at the particular time, computed without reference to the provisions of this Act except subsections 51(3) and 66.3(2) and (4), sections 84.1 and 84.2, subsections 85(2.1), 85.1(2.1) and (8), 86(2.1), 87(3) and (9), paragraph 128.1(1)(c.3), subsections 128.1(2) and (3), section 135.2, subsections 138(11.7), 139.1(6) and (7), 148(7), 192(4.1) and 194(4.1) and sections 212.1 and 212.3,

  • (6) Subsections (1) and (2) come into force or are deemed to have come into force on January 1, 2017.

  •  (1) Paragraph 94(4)(b) of the Act is replaced by the following:

    • (b) subsections (8.1) and (8.2), paragraph (14)(a), subsections 70(6) and 73(1), the definition Canadian partnership in subsection 102(1), paragraph 107.4(1)(c), the definition qualified disability trust in subsection 122(3), paragraph (a) of the definition mutual fund trust in subsection 132(6), the definition eligible trust in subsection 135.2(1) and subparagraph (b)(i) of the definition investment fund in subsection 251.2(1);

  • (2) Subsection (1) is deemed to have come into force on March 21, 2013, except that paragraph 94(4)(b) of the Act, as enacted by subsection (1), is to be read without reference to

    • (a) before July 1, 2015, “the definition eligible trust in subsection 135.2(1)”; and

    • (b) for taxation years that end before 2016, “the definition qualified disability trust in subsection 122(3),”.

 

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