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Income Tax Amendments Act, 2000 (S.C. 2001, c. 17)

Assented to 2001-06-14

  •  (1) Paragraph (g) of the definition “foreign property” in subsection 206(1) of the Act is replaced by the following:

    • (g) indebtedness of a non-resident person, other than

      • (i) indebtedness issued by an authorized foreign bank and payable at a branch in Canada of the bank, or

      • (ii) indebtedness issued or guaranteed by

        • (A) the International Bank for Reconstruction and Development,

        • (B) the International Finance Corporation,

        • (C) the Inter-American Development Bank,

        • (D) the Asian Development Bank,

        • (E) the Caribbean Development Bank,

        • (F) the European Bank for Reconstruction and Development,

        • (G) the African Development Bank, or

        • (H) a prescribed person,

  • (2) Subsection 206(1) of the Act is amended by adding the following in alphabetical order:

    “cost amount”

    « coût indiqué »

    “cost amount” at any time of a taxpayer’s capital interest in a trust that is foreign property is deemed to be the greater of

    • (a) the cost amount of the interest, determined without reference to this definition, and

    • (b) where that time is more than 60 days after the end of a taxation year of the trust, the amount that would be the cost amount of the interest if new units of the trust had been issued in satisfaction of each amount payable

      • (i) after 2000 and at or before the end of the taxation year, by the trust in respect of the interest,

      • (ii) to which subparagraph 53(2)(h)(i.1) applies (or would apply if that subparagraph were read without reference to clauses (A) and (B) of that subparagraph), and

      • (iii) that has not been satisfied at or before that time by the issue of new units of the trust or by a payment of an amount by the trust;

  • (3) Subsection 206(3.1) of the Act is replaced by the following:

    • Marginal note:Acquisition of qualifying security

      (3.1) For the purpose of applying subparagraph (2)(a)(iii) at or after a particular time, where a qualifying security in relation to another security is acquired at the particular time by the taxpayer referred to in subsection (3.2) in respect of the security, and the security is foreign property at that time,

      • (a) the qualifying security is deemed to have been last acquired by the taxpayer at the time the other security was last acquired by the taxpayer;

      • (b) where the other security was not foreign property immediately before the particular time, the qualifying security is deemed to have become foreign property at the particular time; and

      • (c) where the other security was foreign property immediately before the particular time, the qualifying security is deemed to have become foreign property at the time the other security became foreign property.

    • Marginal note:Qualifying security

      (3.2) For the purpose of subsection (3.1), a qualifying security in relation to another security means

      • (a) a security issued at any time by a corporation to a taxpayer

        • (i) in exchange for another security acquired before that time by the taxpayer, and

        • (ii) in the course of

          • (A) a corporate merger or reorganization of capital,

          • (B) a transaction or series of transactions in which control of the corporation that issued the other security is acquired by a person or group of persons, or

          • (C) a transaction or series of transactions in which all or substantially all of the issued and outstanding shares (other than shares held immediately before the transaction or the beginning of the series by a particular person or related group) of the corporation that issued the other security are acquired by the particular person or related group; or

      • (b) a security acquired by a taxpayer from a corporation pursuant to a distribution with respect to another security that is an eligible distribution described in subsection 86.1(2).

  • (4) Subsection 206(4) of the Act is replaced by the following:

    • Marginal note:Non-arm’s length transactions

      (4) For the purposes of this Part, where at any time a taxpayer acquires property, otherwise than pursuant to a transfer of property to which paragraph (f) or (g) of the definition “disposition” in subsection 248(1) applies, from a person with whom the taxpayer does not deal at arm’s length for no consideration or for consideration less than the fair market value of the property at that time, the taxpayer is deemed to acquire the property at that fair market value, and for those purposes, a particular trust is deemed not to deal at arm’s length with another trust if a person who is beneficially interested in the particular trust is at that time also beneficially interested in the other trust.

  • (5) Subsection (1) applies after June 27, 1999.

  • (6) Subsection (2) applies to months that end after February 2001.

  • (7) Subsection (3) applies to months that end after 1997.

  • (8) Subsection (4) applies in respect of property acquired after December 23, 1998.

  •  (1) Section 207.31 of the Act is replaced by the following:

    Marginal note:Tax payable by recipient of an ecological gift

    207.31 Any charity or municipality that at any time in a taxation year, without the authorization of the Minister of the Environment or a person designated by that Minister, disposes of or changes the use of a property described in paragraph 110.1(1)(d) or in the definition “total ecological gifts” in subsection 118.1(1) and given to the charity or municipality after February 27, 1995 shall, in respect of the year, pay a tax under this Part equal to 50% of the amount that would be determined for the purposes of section 110.1 or 118.1, if this Act were read without reference to subsections 110.1(3) and 118.1(6), to be the fair market value of the property if the property were given to the charity or municipality immediately before the disposition or change.

  • (2) Subsection (1) applies in respect of dispositions or changes of use that occur after November 1999.

  •  (1) Paragraph 210.1(d) of the Act is replaced by the following:

    • (d) a trust described in paragraph (a), (a.1) or (c) of the definition “trust” in subsection 108(1); or

  • (2) Subsection (1) applies to the 1999 and subsequent taxation years.

  •  (1) Paragraph 210.2(2)(b) of the Act is replaced by the following:

    • (b) the only taxable capital gains and allowable capital losses referred to in paragraph 3(b) were from dispositions of taxable Canadian property; and

  • (2) Subsection (1) applies after October 1, 1996.

  •  (1) Subclause 212(1)(b)(ii)(C)(IV) of the Act is replaced by the following:

    • (IV) of a corporation, commission or association to which any of paragraphs 149(1)(d) to (d.6) applies, or

  • (2) Subparagraph 212(1)(c)(i) of the Act is replaced by the following:

    • (i) is included in computing the income of the non-resident person under subsection 104(13), except to the extent that the amount is deemed by subsection 104(21) to be a taxable capital gain of the non-resident person, or

  • (3) Section 212 of the Act is amended by adding the following after subsection 212(5):

    • Marginal note:Acting services

      (5.1) Notwithstanding any regulation made under paragraph 214(13)(c), every person who is either a non-resident individual who is an actor or that is a corporation related to such an individual shall pay an income tax of 23% on every amount paid or credited, or provided as a benefit, to or on behalf of the person for the provision in Canada of the acting services of the actor in a film or video production.

    • Marginal note:Relief from double taxation

      (5.2) Where a corporation is liable to tax under subsection (5.1) in respect of an amount for acting services of an actor (in this subsection referred to as the “corporation payment”) and the corporation pays, credits or provides as a benefit to the actor an amount for those acting services (in this subsection referred to as the “actor payment”), no tax is payable under subsection (5.1) with respect to the actor payment except to the extent that it exceeds the corporation payment.

    • Marginal note:Reduction of withholding

      (5.3) If the Minister is satisfied that the deduction or withholding otherwise required by section 215 from an amount described in subsection (5.1), would cause undue hardship, the Minister may determine a lesser amount to be deducted or withheld and that lesser amount is deemed to be the amount so required to be deducted or withheld.

  • (4) Subsection 212(13.1) of the Act is amended by striking out the word “and” at the end of paragraph (a) and by adding the following after paragraph (a):

    • (a.1) where a partnership pays, credits or provides to a non-resident person an amount described in subsection (5.1), the partnership is deemed in respect of the amount to be a person; and

  • (5) Section 212 of the Act is amended by adding the following after subsection (13.2):

    • Marginal note:Application of Part XIII to authorized foreign bank

      (13.3) An authorized foreign bank is deemed to be resident in Canada for the purposes of

      • (a) this Part, in respect of any amount paid or credited to or by the bank in respect of its Canadian banking business; and

      • (b) the application in paragraph (13.1)(b) of the definition “Canadian partnership” in respect of a partnership interest held by the bank in the course of its Canadian banking business.

  • (6) Subsection (1) applies to amounts paid or credited after 1998.

  • (7) Subsection (2) applies to amounts paid or credited after December 17, 1999.

  • (8) Subsections (3) and (4) apply to amounts paid, credited or provided after 2000.

  • (9) Subsection (5) applies after June 27, 1999.

  •  (1) Subsection 215(1) of the Act is replaced by the following:

    Marginal note:Withholding and remittance of tax
    • 215. (1) When a person pays, credits or provides, or is deemed to have paid, credited or provided, an amount on which an income tax is payable under this Part, or would be so payable if this Part were read without reference to subsection 216.1(1), the person shall, notwithstanding any agreement or law to the contrary, deduct or withhold from it the amount of the tax and forthwith remit that amount to the Receiver General on behalf of the non-resident person on account of the tax and shall submit with the remittance a statement in prescribed form.

  • (2) Subsection 215(5) of the Act is replaced by the following:

    • Marginal note:Regulations reducing deduction or withholding

      (5) The Governor in Council may make regulations in respect of any non-resident person or class of non-resident persons to whom any amount is paid or credited as, on account of, in lieu of payment of or in satisfaction of, any amount described in any of paragraphs 212(1)(h), (j) to (m) and (q) reducing the amount otherwise required by any of subsections (1) to (3) to be deducted or withheld from the amount so paid or credited.

  • (3) Subsection (1) applies to amounts paid, credited or provided after 2000.

  • (4) Subsection (2) applies after April 1997.

 

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