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

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Regulations are current to 2019-08-28 and last amended on 2019-06-25. Previous Versions

PART IIInformation Returns (continued)

Legal Representatives and Others

  •  (1) Where a person, who is required to make a return under this Part, has died, such return shall be filed by his legal representative within 90 days of the date of death and shall be in respect of any calendar year or a portion thereof prior to the date of death for which a return has not previously been filed.

  • (2) Every trustee in bankruptcy, assignee, liquidator, curator, receiver, trustee or committee and every agent or other person administering, managing, winding-up, controlling or otherwise dealing with the property, business, estate or income of a person who has not filed a return as required by this Part shall file such return.

Ownership Certificates

  •  (1) An ownership certificate completed pursuant to section 234 of the Act shall be delivered to the debtor or encashing agent at the time the coupon, warrant or cheque referred to in that section is negotiated.

  • (2) The debtor or encashing agent to whom an ownership certificate has been delivered pursuant to subsection (1) shall forward it to the Minister on or before the 15th day of the month following the month the coupon, warrant or cheque, as the case may be, was negotiated.

  • (3) The operation of section 234 of the Act is extended to a bearer coupon or warrant negotiated by or on behalf of a non-resident person who is subject to tax under Part XIII of the Act in respect of such a coupon or warrant.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/94-686, s. 50(F)

 [Repealed, SOR/2010-93, s. 2]

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/83-866, s. 4
  • SOR/88-165, s. 31(F)
  • SOR/2010-93, s. 2

Distribution of Taxpayers Portions of Returns

  •  (1) A person who is required by section 200, 201, 202, 203, 204, 212, 214, 215, 217 or 218, subsection 223(2) or section 228, 229, 230, 232, 233 or 234 to make an information return shall forward to each taxpayer to whom the return relates two copies of the portion of the return that relates to that taxpayer.

  • (2) The copies referred to in subsection (1) shall be sent to the taxpayer at his last known address or delivered to him in person, on or before the date the return is required to be filed with the Minister.

  • (3) A person may send a document, as required under subsection (1), in an electronic format if the person has received the express consent of the taxpayer, and in that case, the person shall send a single copy to the taxpayer, on or before the date on which the return referred to in subsection (1) is to be filed with the Minister.

  • (4) In subsection (3), express consent means consent given in writing or in an electronic format.

  • (5) A person may provide a Statement of Remuneration Paid (T4) information return or a Tuition and Enrolment Certificate, as required under subsection (1), as a single document in an electronic format (instead of the two copies required under subsection (1)) to the taxpayer to whom the return relates, on or before the date on which the return is to be filed with the Minister, unless

    • (a) the specified criteria referred to in section 221.01 of the Act are not met;

    • (b) the taxpayer has requested that the information return be provided in paper format; or

    • (c) at the time the return is required to be issued,

      • (i) if the return is a T4, the taxpayer is on extended leave or is no longer an employee of the person, or

      • (ii) the taxpayer cannot reasonably be expected to have access to the information return in electronic format.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/85-160, s. 1
  • SOR/87-512, s. 1
  • SOR/89-519, s. 1
  • SOR/92-455, s. 1
  • SOR/93-527, s. 3
  • SOR/2003-5, s. 4
  • 2009, c. 2, s. 85
  • SOR/2010-93, s. 3
  • 2017, c. 20, s. 31
  • 2018, c. 27, s. 38

Tax Deduction Information

 Every person who makes a payment described in section 153 of the Act (including an amount paid that is described in subparagraph 153(1)(a)(ii) of the Act), or who pays or credits, or is deemed by any of Part I, XIII and XIII.2 of the Act to have paid or credited, an amount described in that section, Part XIII or XIII.2 of the Act, shall, on demand by registered letter from the Minister, make an information return in prescribed form containing the information required in the return and shall file the return with the Minister within such reasonable time as is stipulated in the registered letter.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/88-165, s. 31(F)
  • SOR/2011-188, s. 3
  • 2016, c. 7, s. 56

Accrued Bond Interest

  •  (1) Every financial company making a payment in respect of accrued interest by virtue of redemption, assignment or other transfer of a bond, debenture or similar security (other than an income bond, an income debenture or an investment contract in respect of which subsection 201(4) applies) shall make an information return in prescribed form.

  • (2) The return referred to in subsection (1) shall be forwarded to the Minister on or before the 15th day of the month following the month in which the payment referred to in subsection (1) is made.

  • (3) For the purposes of this section, a financial company includes a bank, an investment dealer, a stockbroker, a trust company and an insurance company.

  • (4) The provisions of subsection (1) do not apply to a payment made by one financial company to another financial company.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/88-165, s. 31(F)
  • SOR/91-123, s. 2
  • SOR/94-686, s. 52(F)

Employees Profit Sharing Plans

  •  (1) Every trustee of an employees profit sharing plan shall make an information return in prescribed form.

  • (2) Notwithstanding subsection (1), the return required under this section may be filed by the employer instead of by the trustee.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/88-165, s. 31(F)

Pooled Registered Pension Plans

 An administrator of a PRPP must file with the Minister an information return for each calendar year in prescribed form in respect of the PRPP

  • (a) if an agreement concerning annual information returns has been entered into by the Minister and an authority responsible for the supervision of the PRPP under the Pooled Registered Pension Plans Act or a similar law of a province, on or before the day on which an information return required by that authority is to be filed for the calendar year; and

  • (b) in any other case, on or before May 1 of the following calendar year.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/88-165, s. 31(F)
  • SOR/94-686, s. 79(F)
  • SOR/2010-93, s. 4
  • 2012, c. 31, s. 59

Registered Retirement Savings Plans

  •  (1) Every person who pays an amount that is required by subsection 146(8) of the Act to be included in computing the income of a taxpayer for a taxation year shall make an information return in prescribed form.

  • (2) If, in a taxation year, subsection 146(7), (9) or (10) of the Act or, in relation to a non-qualified investment, subsection 207.04(1) or (4) of the Act applies in respect of a trust governed by a registered retirement savings plan, the trustee of the plan shall make an information return in prescribed form.

  • (3) Where, in respect of an amended plan referred to in subsection 146(12) of the Act, an amount is required to be included in computing the income of a taxpayer for a taxation year, the issuer of the plan shall make an information return in prescribed form.

  • (4) Where subsection 146(8.8) of the Act deems an amount to be received by an annuitant as a benefit out of or under a registered retirement savings plan and such amount is required by subsection 146(8) of the Act to be included in computing the income of that annuitant for a taxation year, the issuer of the plan shall make an information return in prescribed form.

  • (5) If a payment or transfer of property to which paragraph 146(16)(b) of the Act applies is made from a plan, the issuer of the plan shall make an information return in prescribed form in respect of the payment or transfer.

  • (6) Where an amount may be deducted under subsection 146(8.92) of the Act in computing the income of a deceased annuitant under a registered retirement savings plan, the issuer of the plan shall make an information return in prescribed form in respect of the amount.

  • (7) In this section, annuitant and issuer have the meanings assigned by subsection 146(1) of the Act.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/80-502, s. 3
  • SOR/83-866, s. 5
  • SOR/88-165, s. 31(F)
  • SOR/92-51, s. 3
  • SOR/2001-188, s. 2
  • SOR/2003-5, s. 5
  • SOR/2005-264, s. 1
  • 2009, c. 2, s. 86
  • 2011, c. 24, s. 76
 
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