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

Qualified Investments

• 221 (1) In this section, reporting person means

  • (a) a mutual fund corporation;

  • (b) an investment corporation;

  • (c) a mutual fund trust;

  • (d) and (e) [Repealed, SOR/2005-264, s. 4]

  • (f) a trust that would be a mutual fund trust if Part XLVIII were read without reference to paragraph 4801(b); or

  • (g) [Repealed, SOR/2005-264, s. 4]

  • (h) a small business investment trust (within the meaning assigned by subsection 5103(1)).

  • (i) [Repealed, SOR/2005-264, s. 4]

• (2) Where in any taxation year a reporting person (other than a registered investment) claims that a share of its capital stock issued by it, or an interest as a beneficiary under it, is a qualified investment under section 146, 146.1, 146.3, 146.4, 204 or 207.01 of the Act, the reporting person shall, in respect of the year and within 90 days after the end of the year, make an information return in prescribed form.

• (3) [Repealed, SOR/2005-264, s. 4]

222 The issuer of a RDSP, or the promoter of a RESP, that governs a trust shall notify the holders of the RDSP, or subscribers of the RESP, in prescribed form and manner before March of a calendar year if, at any time during the preceding calendar year,

• (a) the trust acquires or disposes of property that is a not a qualified investment for the trust; or

• (b) property held by the trust becomes or ceases to be a qualified investment for the trust.

TFSAs

• 223 (1) An issuer of a TFSA shall make an information return for each calendar year in prescribed form in respect of the TFSA.

• (2) An issuer of a TFSA who makes a payment of an amount that is required because of paragraph 146.2(9)(b) 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.

• (3) An issuer of a TFSA that governs a trust shall notify the holder of the TFSA in prescribed form and manner before March of a calendar year if, at any time during the preceding calendar year,

  • (a) the trust acquires or disposes of property that is a non-qualified investment for the trust; or

  • (b) property held by the trust becomes or ceases to be a non-qualified investment for the trust.

Canadian Home Insulation Program and Canada Oil Substitution Program

224 Where an amount has been paid to a person pursuant to a program prescribed for the purposes of paragraphs 12(1)(u), 56(1)(s) and 212(1)(s) of the Act, the payor shall

• (a) make an information return in prescribed form in respect of such payment; and

• (b) forward to the person at his latest known address on or before the date the return is required to be filed with the Minister two copies of the portion of the return relating to that person.

Certified Films and Video Tapes

• 225 (1) Where principal photography or taping of a film or tape (within the meanings assigned by subsection 1100(21)) has occurred during a year or has been completed within 60 days after the end of the year, the producer of the film or tape or production company that produced the film or tape, or an agent of the producer or production company, shall

  • (a) make an information return in prescribed form in respect of any person who owns an interest in the film or tape at the end of the year; and

  • (b) forward to the person referred to in paragraph (a) at his latest known address on or before the date the return is required to be filed with the Minister two copies of the portion of the return relating to that person.

• (2) The return required under this section shall be filed on or before March 31st and shall be in respect of the preceding calendar year.

Scientific Research Tax Credits

• 226 (1) In this section,

  administrator

  administrator has the meaning assigned by paragraph 47.1(1)(a) of the Act; (administrateur)

  designated security

  designated security means a security issued or granted by a corporation in respect of which the corporation has designated an amount pursuant to subsection 194(4) of the Act; (titre désigné)

  first purchaser

  first purchaser in relation to a designated security, means the first person (other than a trader or dealer in securities) to be the registered holder of the designated security; (premier acheteur)

  security

  security means

  • (a) a share of the capital stock of a corporation,

  • (b) a debt obligation issued by a corporation, or

  • (c) a right granted by a corporation under a scientific research financing contract; (titre)

  trader or dealer in securities

  trader or dealer in securities has the meaning assigned by paragraph 47.1(1)(l) of the Act. (négociant ou courtier en valeurs)

• (2) Each corporation that has designated an amount under subsection 194(4) of the Act in respect of a security issued or granted by it shall make an information return in prescribed form in respect of each such security.

• (3) Each trader or dealer in securities who has acquired and disposed of a designated security during the course of the primary distribution thereof pursuant to a public offering shall make an information return in prescribed form in respect of each such designated security.

• (4) Each bank, credit union and trust company that, as agent, acquired a designated security for the first purchaser thereof shall make an information return in prescribed form in respect of each such designated security.

• (5) Each trader or dealer in securities who, as administrator of an indexed security investment plan, acquired a designated security for the first purchaser thereof shall make an information return in prescribed form in respect of each such designated security.

• (6) Notwithstanting subsection 205(1), any return required to be made

  • (a) under subsection (2), in respect of a security issued by a corporation before March 1, 1984,

  • (b) under subsection (3), in respect of a designated security disposed of as described in subsection (3) before March 1, 1984, or

  • (c) under subsection (4) or (5), in respect of a designated security acquired as described in subsection (4) or (5), as the case may be, before March 1, 1984,

  shall be filed on or before March 31, 1984.

Share Purchase Tax Credits

• 227 (1) In this section,

  administrator

  administrator has the meaning assigned by paragraph 47.1(1)(a) of the Act; (administrateur)

  designated share

  designated share means a share of the capital stock of a corporation in respect of which the corporation has designated an amount pursuant to subsection 192(4) of the Act; (action désignée)

  first purchaser

  first purchaser, in relation to a designated share, means the first person (other than a trader or dealer in securities) to be the registered holder of the share; (premier acheteur)

  trader or dealer in securities

  trader or dealer in securities has the meaning assigned by paragraph 47.1(1)(l) of the Act. (négociant ou courtier en valeurs)

• (2) Each corporation that has designated an amount under subsection 192(4) of the Act in respect of a share issued by it shall make an information return in prescribed form in respect of each such share.

• (3) Each trader or dealer in securities who has acquired and disposed of a designated share during the course of the primary distribution thereof pursuant to a public offering shall make an information return in prescribed form in respect of each such designated share.

• (4) Each bank, credit union and trust company that, as agent, acquired a designated share for the first purchaser thereof shall make an information return in prescribed form in respect of each such designated share.

• (5) Each trader or dealer in securities who, as administrator of an indexed security investment plan, acquired a designated share for the first purchaser thereof shall make an information return in prescribed form in respect of each such designated share.

Resource Flow-Through Shares

• 228 (1) Each corporation that has renounced an amount under subsection 66(12.6), (12.601), (12.62) or (12.64) of the Act to a person shall make an information return in prescribed form in respect of the amount renounced.

• (2) The return required under subsection (1) shall be filed with the Minister together with the prescribed form required to be filed under subsection 66(12.7) of the Act in respect of the amount renounced.

Partnership Return

• 229 (1) Every member, of a partnership that carries on a business in Canada at any time in a fiscal period of the partnership (other than a member that is, because of subsection 115.2(2) of the Act, not considered to be carrying on business in Canada at that time), or of a partnership that is at any time in a fiscal period of the partnership, a Canadian partnership or a SIFT partnership, shall make for that period an information return in prescribed form containing the following information:

  • (a) the income or loss of the partnership for the fiscal period;

  • (b) in respect of each member of the partnership who is entitled to a share referred to in paragraph (c) or (d) for the fiscal period, the member’s

    • (i) name,

    • (ii) address, and

    • (iii) business number, Social Insurance Number or trust account number, as the case may be;

  • (c) the share of each member of the income or loss of the partnership for the fiscal period;

  • (d) the share of each member for the fiscal period of each deduction, credit or other amount in respect of the partnership that is relevant in determining the member’s income, taxable income, tax payable or other amount under the Act;

  • (e) the prescribed information contained in the form prescribed for the purposes of subsection 37(1) of the Act, where the partnership has made an expenditure in respect of scientific research and experimental development in the fiscal period; and

  • (f) such other information as may be required by the prescribed form.

• (2) For the purposes of subsection (1), an information return made by any member of a partnership shall be deemed to have been made by each member of the partnership.

• (3) Every person who holds an interest in a partnership as nominee or agent for another person shall make an information return in prescribed form in respect of that interest.

• (4) [Repealed, SOR/93-443, s. 1]

• (5) Subject to subsection (6), a return required by this section shall be filed with the Minister without notice or demand

  • (a) in the case of a fiscal period of a partnership all the members of which are corporations throughout the fiscal period, within five months after the end of the fiscal period;

  • (b) in the case of a fiscal period of a partnership all the members of which are individuals throughout the fiscal period, on or before the last day of March in the calendar year immediately following the calendar year in which the fiscal period ended or with which the fiscal period ended coincidentally; and

  • (c) in the case of any other fiscal period of a partnership, on or before the earlier of

    • (i) the day that is five months after the end of the fiscal period, and

    • (ii) the last day of March in the calendar year immediately following the calendar year in which the fiscal period ended or with which the fiscal period ended coincidentally.

• (6) Where a partnership discontinues its business or activity, the return required under this section shall be filed, in respect of any fiscal period or portion thereof prior to the discontinuance of the business or activity for which a return has not previously been filed under this section, on or before the earlier of

  • (a) the day that is 90 days after the discontinuance of the business or activity, and

  • (b) the day the return is required to be filed under subsection (5).

Definitions

• 229.1 (1) The definitions in this subsection apply in this section.

  public investment partnership

  public investment partnership, at any time, means a public partnership all or substantially all of the fair market value of the property of which is, at that time, attributable to the fair market value of property of the partnership that is

  • (a) units of public trusts (as defined in subsection 204.1(1));

  • (b) partnership interests in public partnerships;

  • (c) shares of the capital stock of public corporations; or

  • (d) any combination of properties referred to in paragraphs (a) to (c). (société de personnes de placement ouverte)

  public partnership

  public partnership, at any time, means a partnership the partnership interests in which are, at that time, listed on a designated stock exchange in Canada if, at that time, the partnership carries on a business in Canada or is a Canadian partnership. (société de personnes ouverte)

Required Information Disclosure

• (2) Every member of a partnership that is, at any time in a fiscal period of the partnership, a public partnership shall, within the time required by subsection (3),

  • (a) make public, in prescribed form, information in respect of the public partnership for the fiscal period by posting the prescribed form, in a manner that is accessible to the general public, on the Internet website of CDS Innovations Inc.; and

  • (b) notify the Minister in writing as to when the posting of the prescribed form, as required by paragraph (a), has been made.

Required Disclosure Time

• (3) The time required for the members of a public partnership to satisfy the requirements of subsection (2) in respect of the public partnership for a fiscal period of the public partnership is

  • (a) subject to paragraph (b), on or before the day that is the earlier of

    • (i) 60 days after the end of the calendar year in which the fiscal period ends, and

    • (ii) four months after the end of the fiscal period; and

  • (b) where the public partnership is, at any time in the fiscal period, a public investment partnership, on or before the day that is 67 days after the end of the calendar year in which the fiscal period ends.

Obligation Fulfilled by One Partner Deemed Fulfilled by All

• (4) Every member of a partnership that is required to satisfy the requirements of subsection (2) in respect of the partnership for a fiscal period of the partnership will be deemed to have satisfied those requirements if a particular member of the partnership, who has authority to act for the partnership, has satisfied those requirements in respect of the partnership for the fiscal period.