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

Regulations are current to 2013-05-20 and last amended on 2013-02-14. Previous Versions

 [Repealed, SOR/97-505, s. 9]

Prescribed Circumstances

 For the purposes of subparagraph 94(1)(b)(i) of the Act, property shall be considered to have been acquired in prescribed circumstances where it is acquired by virtue of the repayment of a loan.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/89-135, s. 4.

PART LX

PRESCRIBED ACTIVITIES

 For the purpose of clause 122.3(1)(b)(i)(C) of the Act, a prescribed activity is an activity performed under contract with the United Nations.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/78-325, s. 4;
  • SOR/94-686, s. 81(F);
  • SOR/95-498, s. 1.

PART LXI

RELATED SEGREGATED FUND TRUSTS

 An election under subsection 138.1(4) of the Act by the trustee of a related segregated fund trust shall be made by filing with the Minister the prescribed form within 90 days from the end of the taxation year of the trust in respect of any capital property deemed to have been disposed of in that taxation year by virtue of the election.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/78-680, s. 1;
  • SOR/94-686, s. 69(F).

PART LXII

PRESCRIBED SECURITIES, SHARES AND DEBT OBLIGATIONS

[SOR/2001-187, s. 5]

Prescribed Securities

[SOR/80-130, s. 1]

 For the purposes of subsection 39(6) of the Act, a prescribed security is, with respect to the taxpayer referred to in subsection 39(4) of the Act,

  • (a) a share of the capital stock of a corporation, other than a public corporation, the value of which is, at the time it is disposed of by that taxpayer, a value that is or may reasonably be considered to be wholly or primarily attributable to

    • (i) real property, an interest therein or an option in respect thereof,

    • (ii) Canadian resource property or a property that would have been a Canadian resource property if it had been acquired after 1971,

    • (iii) foreign resource property or a property that would have been a foreign resource property if it had been acquired after 1971, or

    • (iv) any combination of properties described in subparagraphs (i) to (iii)

    owned by

    • (v) the corporation,

    • (vi) a person other than the corporation, or

    • (vii) a partnership;

  • (b) a bond, debenture, bill, note, mortgage or similar obligation, issued by a corporation, other than a public corporation, if at any time before that taxpayer disposes of the security he does not deal at arm’s length with the corporation;

  • (c) a security that is

    • (i) a share, or

    • (ii) a bond, debenture, bill, note, mortgage or similar obligation

    that was acquired by the taxpayer from a person with whom the taxpayer does not deal at arm’s length (other than from a person subject to subsection 39(4) of the Act for the person’s taxation year that includes the time of the acquisition);

  • (c.1) a security described in subparagraph (c)(i) or (ii) that was acquired by the taxpayer from a person (other than from a person subject to subsection 39(4) of the Act for the person’s taxation year that includes the time of the acquisition) in circumstances to which subsection 85(1) or (2) of the Act applied;

  • (d) a share acquired by that taxpayer under circumstances referred to in section 66.3 of the Act; or

  • (e) a security described in subparagraph (c)(i) or (ii) that was acquired by the taxpayer

    • (i) as proceeds of disposition for a security of the taxpayer to which paragraph (a), (b), (c) or (d) applied in respect of the taxpayer, or

    • (ii) as a result of one or more transactions that can reasonably be considered to have been an exchange or substitution of a security of the taxpayer to which paragraph (a), (b), (c) or (d) applied in respect of the taxpayer.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/78-946, s. 1;
  • SOR/81-724, s. 1;
  • SOR/94-686, ss. 62, 78(F), 79(F);
  • SOR/98-418, s. 1.