Income Tax Act

Version of section 31 from 2004-08-31 to 2013-12-11:

Marginal note:Loss from farming where chief source of income not farming
  •  (1) Where a taxpayer’s chief source of income for a taxation year is neither farming nor a combination of farming and some other source of income, for the purposes of sections 3 and 111 the taxpayer’s loss, if any, for the year from all farming businesses carried on by the taxpayer shall be deemed to be the total of

    • (a) the lesser of

      • (i) the amount by which the total of the taxpayer’s losses for the year, determined without reference to this section and before making any deduction under section 37 or 37.1, from all farming businesses carried on by the taxpayer exceeds the total of the taxpayer’s incomes for the year, so determined from all such businesses, and

      • (ii) $2,500 plus the lesser of

        • (A) 1/2 of the amount by which the amount determined under subparagraph 31(1)(a)(i) exceeds $2,500, and

        • (B) $6,250, and

    • (b) the amount, if any, by which

      • (i) the amount that would be determined under subparagraph 31(1)(a)(i) if it were read as though the words “and before making any deduction under section 37 or 37.1” were deleted,

      exceeds

      • (ii) the amount determined under subparagraph 31(1)(a)(i).

  • Marginal note:Restricted farm loss

    (1.1) For the purposes of this Act, a taxpayer’s “restricted farm loss” for a taxation year is the amount, if any, by which

    • (a) the amount determined under subparagraph 31(1)(a)(i) in respect of the taxpayer for the year

    exceeds

    • (b) the total of the amount determined under subparagraph 31(1)(a)(ii) in respect of the taxpayer for the year and all amounts each of which is an amount by which the taxpayer’s restricted farm loss for the year is required to be reduced because of section 80.

  • Marginal note:Determination by Minister

    (2) For the purpose of this section, the Minister may determine that a taxpayer’s chief source of income for a taxation year is neither farming nor a combination of farming and some other source of income.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 31;
  • 1995, c. 21, s. 8.
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