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

Regulations are current to 2017-11-06 and last amended on 2017-07-01. Previous Versions

Marginal note:Prescribed property

 For the purpose of paragraph (b) of the definition tax shelter in subsection 237.1(1) of the Act, prescribed property, in relation to a tax shelter, means property that is a registered pension plan, a registered retirement savings plan, a deferred profit sharing plan, a registered retirement income fund, a registered education savings plan or a property in respect of which paragraph 40(2)(i) of the Act applies.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/2011-188, s. 16.

PART XXXII[Repealed, SOR/2011-188, s. 17]

 [Repealed, 2007, c. 35, s. 74]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/80-129, s. 1;
  • SOR/80-682, s. 1;
  • SOR/81-725, s. 2;
  • SOR/84-948, s. 12;
  • SOR/85-696, ss. 7, 8;
  • SOR/88-165, s. 16;
  • SOR/89-409, s. 1;
  • SOR/94-140, s. 6;
  • SOR/2001-187, s. 3;
  • SOR/2003-395, s. 1;
  • 2007, c. 35, s. 74.

 [Repealed, 2007, c. 35, s. 74]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/81-725, s. 3;
  • SOR/86-488, s. 4;
  • SOR/88-165, s. 17;
  • SOR/89-102, s. 1;
  • SOR/89-409, s. 2;
  • SOR/92-660, s. 1;
  • SOR/94-126, s. 1;
  • SOR/94-140, s. 7;
  • SOR/97-408, s. 1;
  • SOR/2001-187, s. 4;
  • SOR/2005-15, s. 1;
  • 2007, c. 35, s. 74.

 [Repealed, SOR/2011-188, s. 17]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/85-696, s. 9;
  • SOR/2011-188, s. 17.

PART XXXIIITax Transfer Payments

 For the purposes of subsection 154(2) of the Act, a rate of 45% is prescribed.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/99-17, s. 8;
  • SOR/2006-1, s. 1.

PART XXXIVInternational Development Assistance Programs

 For the purposes of paragraphs 122.3(1)(a) and 250(1)(d) of the Act, each international development assistance program of the Canadian International Development Agency that is financed with funds (other than loan assistance funds) provided under External Affairs Vote 30a, Appropriation Act No. 3, 1977-78, or another vote providing for such financing, is hereby prescribed as an international development assistance program of the Government of Canada.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/78-127, s. 1;
  • SOR/78-349, s. 1;
  • SOR/85-696, s. 10.

PART XXXVGifts

[SOR/81-269, s. 1; 2011, c. 24, s. 80]

Interpretation

 In this Part,

employees’ charity trust

employees’ charity trust means a registered charity that is organized for the purpose of remitting, to other registered charities, donations that are collected from employees by an employer; (fuducie de bienfaisance d’employés)

official receipt

official receipt means a receipt for the purposes of subsection 110.1(2) or (3) or 118.1(2), (6) or (7) of the Act, containing information as required by section 3501 or 3502; (reçu officiel)

official receipt form

official receipt form means any printed form that a registered organization or other recipient of a gift has that is capable of being completed, or that originally was intended to be completed, as an official receipt by it; (formule de reçu officiel)

other recipient of a gift

other recipient of a gift means a person, to whom a gift is made by a taxpayer, referred to in any of paragraphs (a) and (d) of the definition qualified donee in subsection 149.1(1), paragraph 110.1(1)(c) and subparagraph 110.1(3)(a)(ii) of the Act; (autre bénéficiaire d’un don)

registered organization

registered organization means a registered charity, a registered Canadian amateur athletic association or a registered national arts service organization. (organisation enregistrée)

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/81-269, s. 2;
  • SOR/86-488, s. 5;
  • SOR/88-165, s. 18;
  • SOR/94-140, s. 8;
  • SOR/94-686, s. 51(F);
  • 2011, c. 24, s. 81.

Contents of Receipts

  •  (1) Every official receipt issued by a registered organization shall contain a statement that it is an official receipt for income tax purposes and shall show clearly in such a manner that it cannot readily be altered,

    • (a) the name and address in Canada of the organization as recorded with the Minister;

    • (b) the registration number assigned by the Minister to the organization;

    • (c) the serial number of the receipt;

    • (d) the place or locality where the receipt was issued;

    • (e) where the gift is a cash gift, the date on which or the year during which the gift was received;

    • (e.1) where the gift is of property other than cash

      • (i) the date on which the gift was received,

      • (ii) a brief description of the property, and

      • (iii) the name and address of the appraiser of the property if an appraisal is done;

    • (f) the date on which the receipt was issued;

    • (g) the name and address of the donor including, in the case of an individual, the individual’s first name and initial;

    • (h) the amount that is

      • (i) the amount of a cash gift, or

      • (ii) if the gift is of property other than cash, the amount that is the fair market value of the property at the time that the gift is made;

    • (h.1) a description of the advantage, if any, in respect of the gift and the amount of that advantage;

    • (h.2) the eligible amount of the gift;

    • (i) the signature, as provided in subsection (2) or (3), of a responsible individual who has been authorized by the organization to acknowledge gifts; and

    • (j) the name and Internet website of the Canada Revenue Agency.

  • (1.1) Every official receipt issued by another recipient of a gift shall contain a statement that it is an official receipt for income tax purposes and shall show clearly in such a manner that it cannot readily be altered,

    • (a) the name and address of the other recipient of the gift;

    • (b) the serial number of the receipt;

    • (c) the place or locality where the receipt was issued;

    • (d) where the gift is a cash gift, the date on which the gift was received;

    • (e) where the gift is of property other than cash

      • (i) the date on which the gift was received,

      • (ii) a brief description of the property, and

      • (iii) the name and address of the appraiser of the property if an appraisal is done;

    • (f) the date on which the receipt was issued;

    • (g) the name and address of the donor including, in the case of an individual, the individual’s first name and initial;

    • (h) the amount that is

      • (i) the amount of a cash gift, or

      • (ii) if the gift is of property other than cash, the amount that is the fair market value of the property at the time that the gift was made;

    • (h.1) a description of the advantage, if any, in respect of the gift and the amount of that advantage;

    • (h.2) the eligible amount of the gift;

    • (i) the signature, as provided in subsection (2) or (3.1), of a responsible individual who has been authorized by the other recipient of the gift to acknowledge donations; and

    • (j) the name and Internet website of the Canada Revenue Agency.

  • (2) Except as provided in subsection (3) or (3.1), every official receipt shall be signed personally by an individual referred to in paragraph (1)(i) or (1.1)(i).

  • (3) Where all official receipt forms of a registered organization are

    • (a) distinctively imprinted with the name, address in Canada and registration number of the organization,

    • (b) serially numbered by a printing press or numbering machine, and

    • (c) kept at the place referred to in subsection 230(2) of the Act until completed as an official receipt,

    the official receipts may bear a facsimile signature.

  • (3.1) Where all official receipt forms of another recipient of the gift are

    • (a) distinctively imprinted with the name and address of the other recipient of the gift,

    • (b) serially numbered by a printing press or numbering machine, and

    • (c) if applicable, kept at a place referred to in subsection 230(1) of the Act until completed as an official receipt,

    the official receipts may bear a facsimile signature.

  • (4) An official receipt issued to replace an official receipt previously issued shall show clearly that it replaces the original receipt and, in addition to its own serial number, shall show the serial number of the receipt originally issued.

  • (5) A spoiled official receipt form shall be marked “cancelled” and such form, together with the duplicate thereof, shall be retained by the registered organization or the other recipient of a gift as part of its records.

  • (6) Every official receipt form on which any of the following is incorrectly or illegibly entered is deemed to be spoiled:

    • (a) the date on which the gift is received;

    • (b) the amount of the gift, in the case of a cash gift;

    • (c) a description of the advantage, if any, in respect of the gift and the amount of that advantage; and

    • (d) the eligible amount of the gift.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/81-269, s. 3;
  • SOR/2007-74, s. 1;
  • 2013, c. 34, s. 393.
 
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