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

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Regulations are current to 2021-11-17 and last amended on 2021-08-12. Previous Versions

PART XXXVGifts (continued)

[
  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/81-269, s. 1
  • 2011, c. 24, s. 80
]

Contents of Information Returns

 Every information return required to be filed under subsection 110.1(16) or 118.1(27) of the Act in respect of a transfer of property must contain

  • (a) a description of the transferred property;

  • (b) the fair market value of the transferred property at the time of the transfer;

  • (c) the date on which the property was transferred;

  • (d) the name and address of the transferee of the property including, in the case of an individual, their first name and initial; and

  • (e) if the transferor of the property, or a person not dealing at arm’s length with the transferor, issued the receipt referred to in subsection 110.1(14) or 118.1(25) of the Act, the information contained in that receipt.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • 2011, c. 24, s. 82

Employees’ Charity Trusts

[
  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/94-140, s. 9(F), SOR/94-686, s. 51(F)
]

 Where

  • (a) a registered organization

    • (i) is an employees’ charity trust, or

    • (ii) has appointed an employer as agent for the purpose of remitting, to that registered organization, donations that are collected by the employer from the employer’s employees, and

  • (b) each copy of the return required by section 200 to be filed for a year by an employer of employees who donated to the registered organization in that year shows

    • (i) the amount of each employee’s donations to the registered organization for the year collected by the employer, and

    • (ii) the registration number assigned by the Minister to the registered organization,

section 3501 shall not apply and the copy of the portion of the return, relating to each employee who made a donation to the registered organization in that year, that is required by section 209 to be distributed to the employee for filing with the employee’s income tax return shall be an official receipt.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/94-140, s. 10
  • SOR/94-686, s. 51(F)

 [Repealed, 2018, c. 12, s. 44]

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/90-411, s. 1
  • SOR/94-686, s. 51(F)
  • 2011, c. 24, s. 83
  • 2018, c. 12, s. 44

Prescribed Donees

 For the purposes of subparagraphs 110.1(2.1)(a)(ii) and 118.1(5.4)(a)(ii) of the Act, the following are prescribed donees:

  • (a) Friends of the Nature Conservancy of Canada, Inc., a charity established in the United States;

  • (b) The Nature Conservancy, a charity established in the United States; and

  • (c) American Friends of Canadian Land Trusts.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/86-488, s. 6
  • SOR/94-140, s. 11
  • SOR/94-686, s. 51(F)
  • SOR/2007-74, s. 2
  • SOR/2010-197, s. 1
  • 2013, c. 34, s. 394

Conditions

 [Repealed, 2017, c. 20, s. 32]

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • 2009, c. 2, s. 104
  • 2017, c. 20, s. 32

PART XXXVIReserves for Surveys

  •  (1) For the purposes of paragraph 20(1)(o) of the Act, the amount hereby prescribed is

    • (a) for the third taxation year preceding the taxation year during which a survey is scheduled to occur, the amount that is 1/4 of the estimate of the expenses of the survey;

    • (b) for the second taxation year preceding the taxation year during which a survey is scheduled to occur, the amount that is 1/2 of the estimate of the expenses of the survey;

    • (c) for the first taxation year preceding the taxation year during which a survey is scheduled to occur, the amount that is 3/4 of the estimate of the expenses of the survey; and

    • (d) for the taxation year during which a survey is scheduled to occur, if the quadrennial or other special surveys have not, at the end of the year, been completed to the extent that the vessel is permitted to proceed on a voyage, the amount remaining after deducting from the estimate of the expenses of the survey the amount of expenses actually incurred in the year in carrying out the survey.

  • (2) In this section,

    classification society

    classification society means a society or association for the classification and registry of shipping approved by the Minister of Transport under the Canada Shipping Act; (société de classification)

    estimate of the expenses of survey

    estimate of the expenses of survey means a fair and reasonable estimate, made by a taxpayer at the time of filing his return of income for the third taxation year preceding the taxation year in which a quadrennial survey is scheduled to occur, of the costs, charges and expenses which might be expected to be necessarily incurred by him by reason of that survey and in respect of which he does not have or possess nor is he likely to have or possess any right of reimbursement, recoupment, recovery or indemnification from any other person or source; (évaluation des dépenses d’expertise)

    inspector

    inspector means a steamship inspector appointed under Part VIII of the Canada Shipping Act; (inspecteur)

    quadrennial survey

    quadrennial survey means a periodical survey, not being an annual survey nor a survey coinciding as to time with the construction of a vessel, in accordance with the rules of a classification society or, an extended inspection, not being an annual inspection nor an inspection coinciding as to time with the construction of a vessel, pursuant to the provisions of the Canada Shipping Act, and the regulations thereunder; (expertise quadriennale)

    survey

    survey means the drydocking of a vessel, the examination and inspection of its hull, boilers, machinery, engines and equipment by an inspector or a surveyor and everything done to such vessel, its hull, boilers, machinery, engines and equipment pursuant to an order, requirement or recommendation given or made by the inspector or surveyor as the result of the examination and inspection so that a safety and inspection certificate might be issued in respect of the vessel pursuant to the provisions of the Canada Shipping Act, and the regulations thereunder or, as the case may be, so that the vessel might be entitled to retain the character assigned to it in the registry book of a classification society; (expertise)

    surveyor

    surveyor means a surveyor to a classification society. (expert)

PART XXXVIIRegistered Charities

[
  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/94-686, s. 51(F)
]

 [Repealed, 2010, c. 25, s. 83]

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/87-632, s. 1
  • SOR/94-686, ss. 51(F), 73(F)
  • 2007, c. 35, s. 75
  • 2010, c. 25, s. 83

Disbursement Quota

  •  (1) For the purposes of the description of B in the definition disbursement quota in subsection 149.1(1) of the Act, the prescribed amount for a taxation year of a registered charity is determined as follows:

    • (a) choose a number, not less than two and not more than eight, of equal and consecutive periods that total twenty-four months and that end immediately before the beginning of the year;

    • (b) aggregate for each period chosen under paragraph (a) all amounts, each of which is the value, determined in accordance with section 3702, of a property, or a portion of a property, owned by the registered charity, and not used directly in charitable activities or administration, on the last day of the period;

    • (c) aggregate all amounts, each of which is the aggregate of values determined for each period under paragraph (b); and

    • (d) divide the aggregate amount determined under paragraph (c) by the number of periods chosen under paragraph (a).

  • (2) For the purposes of subsection (1) and subject to subsection (3),

    • (a) the number of periods chosen by a registered charity under paragraph (1)(a) shall, unless otherwise authorized by the Minister, be used for the taxation year and for all subsequent taxation years; and

    • (b) a registered charity is deemed to have existed on the last day of each of the periods chosen by it.

  • (3) The number of periods chosen under paragraph (1)(a) may be changed by the registered charity for its first taxation year commencing after 1986 and the new number shall, unless otherwise authorized by the Minister, be used for that taxation year and all subsequent taxation years.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/87-632, s. 1
  • SOR/94-686, s. 51(F)
  • 2010, c. 25, s. 84

Determination of Value

  •  (1) For the purposes of subsection 3701(1), the value of a property, or a portion of a property, owned by a registered charity, and not used directly in charitable activities or administration, on the last day of a period is determined as of that day to be

    • (a) in the case of a non-qualified investment of a private foundation, the greater of its fair market value on that day and its cost amount to the private foundation;

    • (b) subject to paragraph (c), in the case of property other than a non-qualified investment that is

      • (i) a share of a corporation that is listed on a designated stock exchange, the closing price or the average of the bid and asked prices of that share on that day or, if there is no closing price or bid and asked prices on that day, on the last preceding day for which there was a closing price or bid and asked prices,

      • (ii) a share of a corporation that is not listed on a designated stock exchange, the fair market value of that share on that day,

      • (iii) an interest in real property or a real right in an immovable, the fair market value on that day of the interest or right less the amount of any debt of the registered charity incurred in respect of the acquisition of the interest or right and secured by the interest or right, where the debt bears a reasonable rate of interest,

      • (iv) a contribution that is the subject of a pledge, nil,

      • (v) an interest, or for civil law a right, in property where the registered charity does not have the present use or enjoyment of the interest or right, nil,

      • (vi) a life insurance policy, other than an annuity contract, that has not matured, nil, and

      • (vii) a property not described in any of subparagraphs (i) to (vi), the fair market value of the property on that day; and

    • (c) in the case of any property described in paragraph (b) that is owned in connection with the charitable activities of the registered charity and is a share of a limited-dividend housing company referred to in paragraph 149(1)(n) of the Act or a loan, that has ceased to be used for charitable purposes and is being held pending disposition or for use in charitable activities, or that has been acquired for use in charitable activities, the lesser of the fair market value of the property on that day and an amount determined by the formula

      (A / 0.035) x (12 / B)

      where

      A
      is the income earned on the property in the period, and
      B
      is the number of months in the period.
  • (2) For the purposes of subsection (1), a method that the Minister may accept for the determination of the fair market value of property or a portion thereof on the last day of a period is an independent appraisal made

    • (a) in the case of property described in subparagraph (1)(b)(ii) or (iii), not more than three years before that day; and

    • (b) in the case of property described in paragraph (1)(a), subparagraph (1)(b)(vii) or paragraph (1)(c), not more than one year before that day.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/87-632, s. 1
  • SOR/94-686, ss. 22(F), 51(F), 73(F), 79(F)
  • 2007, c. 35, s. 76
  • 2010, c. 25, s. 85

PART XXXVIIISocial Insurance Number Applications

 Every individual who is required by subsection 237(1) of the Act to apply to the Minister of National Health and Welfare for assignment to him of a Social Insurance Number shall do so by delivering or mailing to the local office of the Canada Employment and Immigration Commission nearest to the individual’s residence, a completed application in the form prescribed by the Minister for that purpose.

PART XXXIXMining Taxes

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

    income

    income of a taxpayer for a taxation year from mining operations in a province means the income, for the taxation year, that is derived from mining operations in the province as computed under the laws of the province that impose an eligible tax described in subsection (3). (revenu)

    mine

    mine includes any work or undertaking in which a mineral ore is extracted or produced and includes a quarry. (mine)

    mineral ore

    mineral ore includes an unprocessed mineral or mineral-bearing substance. (minerai)

    mining operations

    mining operations means

    • (a) the extraction or production of mineral ore from or in a mine;

    • (b) the transportation of mineral ore to the point of egress from the mine; and

    • (c) the processing of

      • (i) mineral ore (other than iron ore) to the prime metal stage or its equivalent, and

      • (ii) iron ore to a stage that is not beyond the pellet stage or its equivalent. (exploitation minière)

    non-Crown royalty

    non-Crown royalty means a royalty contingent on production of a mine or computed by reference to the amount or value of production from mining operations in a province but does not include a royalty that is payable to the Crown in right of Canada or a province. (redevance non gouvernementale)

    processing

    processing includes all forms of beneficiation, smelting and refining. (transformation)

  • (2) For the purpose of paragraph 20(1)(v) of the Act, the amount allowed in respect of taxes on income from mining operations of a taxpayer for a taxation year is the total of all amounts each of which is an eligible tax paid or payable by the taxpayer

    • (a) on the income of the taxpayer for the taxation year from mining operations; or

    • (b) on a non-Crown royalty included in computing the income of the taxpayer for the taxation year.

  • (3) An eligible tax referred to in subsection (2) is

    • (a) a tax, on the income of a taxpayer for a taxation year from mining operations in a province, that is

      • (i) levied under a law of the province,

      • (ii) imposed only on persons engaged in mining operations in the province, and

      • (iii) paid or payable to

        • (A) the province,

        • (B) an agent of Her Majesty in right of the province, or

        • (C) a municipality in the province, in lieu of taxes on property or on any interest, or for civil law any right, in property (other than in lieu of taxes on residential property or on any interest, or for civil law any right, in residential property); and

    • (b) a tax, on an amount received or receivable by a person as a non-Crown royalty, that is

      • (i) levied under a law of a province,

      • (ii) imposed specifically on persons who hold a non-crown royalty on mining operations in the province, and

      • (iii) paid or payable to the province or to an agent of Her Majesty in right of the province.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/78-377, s. 12
  • SOR/94-686, s. 23(F)
  • SOR/2006-207, s. 1
  • SOR/2007-212, s. 1
 
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