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

Regulations are current to 2013-04-29 and last amended on 2013-02-14. Previous Versions

2103. [Repealed, SOR/78-604, s. 2]

Capital Gains Dividends Payable by Mutual Fund Corporations, Investment Corporations and Mortgage Investment Corporations

[SOR/94-686, s. 18(F)]

2104. Any election under subsection 131(1) of the Act in respect of a dividend payable by a mutual fund corporation or an investment corporation shall be made by filing with the Minister the following documents:

  • (a) the form prescribed by the Minister;

  • (b) where the directors of the corporation are legally entitled to administer the affairs of the corporation, a certified copy of their resolution authorizing the election to be made;

  • (c) where the directors of the corporation are not legally entitled to administer the affairs of the corporation, a certified copy of the authorization of the making of the election by the person or persons legally entitled to administer the affairs of the corporation;

  • (d) where paragraph (f) is not applicable, a schedule showing the computation of the amount, immediately before the election, of the corporation’s capital gains dividend account; and

  • (e) [Repealed, SOR/88-165, s. 13]

  • (f) where subsection 131(1.1) of the Act is applicable, a schedule showing the computation of the amount, immediately before the earlier of

    • (i) the date the dividend became payable, and

    • (ii) the first day on which any part of the dividend was paid,

    of the corporation’s capital gains dividend account.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/81-704, s. 1;
  • SOR/83-268, s. 5;
  • SOR/88-165, s. 13;
  • SOR/94-686, ss. 71(F), 79(F).

2104.1 Any election under subsection 130.1(4) of the Act in respect of a dividend payable by a mortgage investment corporation shall be made by filing with the Minister the following documents:

  • (a) the documents referred to in paragraphs 2104(a) to (c); and

  • (b) a schedule showing the computation of the capital gains dividend in accordance with paragraph 130.1(4)(a) of the Act.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/88-165, s. 14;
  • SOR/94-686, ss. 72(F), 79(F).

Capital Gains Dividends Payable by Non-Resident-Owned Investment Corporations

[SOR/94-686, s. 79(F)]

2105. Any election under subsection 133(7.1) of the Act in respect of a dividend payable by a non-resident-owned investment corporation shall be made by filing with the Minister the following documents:

  • (a) the form prescribed by the Minister;

  • (b) where the directors of the corporation are legally entitled to administer the affairs of the corporation, a certified copy of their resolution authorizing the election to be made;

  • (c) where the directors of the corporation are not legally entitled to administer the affairs of the corporation, a certified copy of the authorization of the making of the election by the person or persons legally entitled to administer the affairs of the corporation;

  • (d) where paragraph (e) is not applicable, a schedule showing the computation of the amount, immediately before the election, of the corporation’s capital gains dividend account; and

  • (e) where subsection 133(7.3) of the Act is applicable, a schedule showing the computation of the amount, immediately before the earlier of

    • (i) the date the dividend became payable, and

    • (ii) the first day on which any part of the dividend was paid,

    of the corporation’s capital gains dividend account.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/81-704, ss. 2, 3;
  • SOR/83-268, s. 6;
  • SOR/94-686, s. 79(F).