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Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Assented to 2019-06-21

PART 1Income Tax Act and Other Legislation (continued)

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

  •  (1) Subsection 149(1) of the Act is amended by adding the following after paragraph (g):

    • Marginal note:Registered journalism organizations

      (h) a registered journalism organization;

  • (2) Subsection (1) comes into force on January 1, 2020.

  •  (1) The definition qualified donee in subsection 149.1(1) of the Act is amended by adding the following after paragraph (b):

    • (b.1) a registered journalism organization,

  • (2) Subsection 149.1(1) of the Act is amended by adding the following in alphabetical order:

    qualifying journalism organization

    qualifying journalism organization means a corporation or trust that meets the following conditions:

    • (a) it is a qualified Canadian journalism organization,

    • (b) it is constituted and operated for purposes exclusively related to journalism,

    • (c) any business activities it carries on are related to its purposes,

    • (d) it has trustees or a board of directors, each of whom deals at arm’s length with each other,

    • (e) it is not controlled, directly or indirectly in any manner whatever, by a person or by a group of persons that do not deal with each other at arm’s length,

    • (f) it may not, in a taxation year, receive gifts from any one source that represent more than 20% of its total revenues (including donations) for the taxation year, other than a gift

      • (i) made by way of bequest,

      • (ii) made within 12 months after the time the organization is first registered, or

      • (iii) approved, on a case-by-case basis, by the Minister, and

    • (g) no part of its income is payable to, or otherwise available for the personal benefit of, any proprietor, member, shareholder, director, trustee, settlor or like individual; (organisation journalistique admissible)

  • (3) Subsection 149.1(4.3) of the Act is replaced by the following:

    • Marginal note:Revocation of a qualified donee

      (4.3) The Minister may, in the manner described in section 168, revoke the registration of a qualified donee referred to in paragraph (a) or (b.1) of the definition qualified donee in subsection (1) for any reason described in subsection 168(1).

  • (4) Section 149.1 of the Act is amended by adding the following after subsection (14):

    • Marginal note:Information returns

      (14.1) Every registered journalism organization shall, within six months from the end of each taxation year of the organization without notice or demand, file with the Minister both an information return and a public information return for the year in prescribed form and containing prescribed information including, for the public information return, for each donor whose total gifts to the organization in the year exceed $5,000, the name of the donor and the total amount donated.

  • (5) Paragraphs 149.1(15)(a) and (b) of the Act are replaced by the following:

    • (a) the information contained in a public information return referred to in subsection 149.1(14) or (14.1) shall be communicated or otherwise made available to the public by the Minister in such manner as the Minister deems appropriate;

    • (b) the Minister may make available to the public in any manner that the Minister considers appropriate, in respect of each registered, or previously registered, charity, Canadian amateur athletic association, journalism organization and qualified donee referred to in paragraph (a) of the definition qualified donee in subsection (1),

      • (i) its name, address and date of registration,

      • (ii) in the case of a registered, or previously registered, charity, Canadian amateur athletic association or journalism organization, its registration number, and

      • (iii) the effective date of any revocation, annulment or termination of registration; and

  • (6) Subsection 149.1(22) of the Act is replaced by the following:

    • Marginal note:Refusal to register

      (22) The Minister may, by registered mail, give notice to a person that the application of the person for registration as a registered charity, registered Canadian amateur athletic association, registered journalism organization or qualified donee referred to in subparagraph (a)(i) or (iii) of the definition qualified donee in subsection (1) is refused.

  • (7) Subsections (1) to (6) come into force on January 1, 2020.

  •  (1) Paragraph 152(1)(b) of the Act is replaced by the following:

    • (b) the amount of tax, if any, deemed by subsection 120(2) or (2.2), 122.5(3), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3), 125.5(3), 125.6(2), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year.

  • (2) Paragraph 152(4.2)(b) of the Act is replaced by the following:

    • (b) redetermine the amount, if any, deemed by subsection 120(2) or (2.2), 122.5(3), 122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year or deemed by subsection 122.61(1) to be an overpayment on account of the taxpayer’s liability under this Part for the year.

  • (3) Subsections (1) and (2) are deemed to have come into force on January 1, 2019.

  •  (1) Section 153 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Amounts paid in error

      (3.1) For the purposes of this Act, an amount (referred to in this subsection as the “excess amount”) is deemed to not have been deducted or withheld under subsection (1) by a person if

      • (a) the excess amount was, absent the application of this subsection, deducted or withheld by the person under subsection (1);

      • (b) the excess amount is in respect of an excess payment (referred to in this subsection as the “total excess payment”) of an individual’s salary, wages or other remuneration by the person to the individual in a particular year, that was paid as a result of a clerical, administrative or system error;

      • (c) before the end of the third year after the calendar year in which the excess amount is deducted or withheld,

        • (i) the person elects in prescribed manner to have this subsection apply in respect of the excess amount, and

        • (ii) the individual has repaid, or made an arrangement to repay, the total excess payment less the excess amount;

      • (d) an information return correcting for the total excess payment has not been issued by the person to the individual prior to the making of the election in subparagraph (c)(i); and

      • (e) any additional criteria specified by the Minister have been met.

  • (2) Subsection (1) applies in respect of excess payments of salary, wages or other remuneration made after 2015.

  •  (1) Paragraph 157(3)(e) of the Act is replaced by the following:

    • (e) 1/12 of the total of the amounts each of which is deemed by subsection 125.4(3), 125.5(3), 125.6(2), 127.1(1) or 127.41(3) to have been paid on account of the corporation’s tax payable under this Part for the year.

  • (2) Paragraph 157(3.1)(c) of the Act is replaced by the following:

    • (c) 1/4 of the total of the amounts each of which is deemed by subsection 125.4(3), 125.5(3), 125.6(2), 127.1(1) or 127.41(3) to have been paid on account of the corporation’s tax payable under this Part for the taxation year.

  • (3) Subsections (1) and (2) are deemed to have come into force on January 1, 2019.

 

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