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Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Assented to 2019-06-21

PART 1Income Tax Act and Other Legislation (continued)

R.S., c. 1 (5th Supp.)Income Tax Act (continued)

  •  (1) The portion of subsection 230(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Records and books

      (2) Every qualified donee referred to in paragraphs (a) to (c) of the definition qualified donee in subsection 149.1(1) shall keep records and books of account — in the case of a qualified donee referred to in any of subparagraphs (a)(i) and (iii) and paragraphs (b), (b.1) and (c) of that definition, at an address in Canada recorded with the Minister or designated by the Minister — containing

  • (2) Subsection (1) comes into force on January 1, 2020.

  •  (1) The portion of subsection 241(3.2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Certain qualified donees

      (3.2) An official may provide to any person the following taxpayer information relating to another person (in this subsection referred to as the “registrant”) that was at any time a registered charity, registered Canadian amateur athletic association or registered journalism organization:

  • (2) Paragraph 241(3.2)(f) of the Act is replaced by the following:

    • (f) financial statements required to be filed with an information return referred to in subsection 149.1(14) or (14.1);

  • (3) Section 241 of the Act is amended by adding the following after subsection (3.3):

    • Marginal note:Information may be communicated

      (3.4) The Minister may communicate or otherwise make available to the public, in any manner that the Minister considers appropriate, the following taxpayer information:

      • (a) the names of each organization with respect to which an individual can be entitled to a deduction under subsection 118.02(2); and

      • (b) the start and, if applicable, end of the period in which paragraph (a) applies in respect of any particular organization.

  • (4) Paragraph 241(4)(d) of the Act is amended by adding the following after subparagraph (xvi):

    • (xvi.1) to a person employed or engaged in the service of an office or agency, of the Government of Canada or of a province, whose mandate includes the provision of assistance (as defined in subsection 125.6(1)) in respect of qualified Canadian journalism organizations, solely for the purpose of the administration or enforcement of the program under which the assistance is offered,

    • (xvi.2) to a body referred to in paragraph (b) of the definition qualified Canadian journalism organization in subsection 248(1), solely for the purpose of determining eligibility for designation under that paragraph,

  • (5) Subsections (1) and (2) come into force on January 1, 2020.

  •  (1) The definition passenger vehicle in subsection 248(1) of the Act is replaced by the following:

    passenger vehicle

    passenger vehicle means an automobile

    • (a) acquired after June 17, 1987, other than an automobile that is acquired after that date pursuant to an obligation in writing entered into before June 18, 1987 or that is a zero-emission vehicle, or

    • (b) leased under a lease entered into, extended or renewed after June 17, 1987; (voiture de tourisme)

  • (2) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

    qualified Canadian journalism organization

    qualified Canadian journalism organization, at any time, means a corporation, partnership or trust that

    • (a) meets the following conditions:

      • (i) in the case of a corporation,

        • (A) it is incorporated under the laws of Canada or a province,

        • (B) the chairperson or other presiding officer, and at least 3/4 of the directors or other similar officers, are citizens of Canada, and

        • (C) it is resident in Canada,

      • (ii) in the case of a partnership,

        • (A) it is formed under the laws of a province, and

        • (B) individuals who are citizens of Canada or persons, or partnerships, described in any of subparagraphs (i) to (iii) hold interests in the partnership

          • (I) representing in value at least 75% of the total value of the partnership property, and

          • (II) that result in at least 75% of each income or loss of the partnership from any source being included in the determination of their incomes,

      • (iii) in the case of a trust,

        • (A) it is formed under the laws of a province,

        • (B) it is resident in Canada, and

        • (C) if interests as a beneficiary under the trust are held by one or more persons or partnerships, at least 75% of the fair market value of all interests as a beneficiary under the trust are held by

          • (I) individuals who are citizens of Canada, or

          • (II) persons or partnerships described in any of subparagraphs (i) to (iii),

      • (iv) it operates in Canada, including that its content is edited, designed and, except in the case of digital content, published in Canada,

      • (v) it is primarily engaged in the production of original news content, which

        • (A) must be primarily focused on matters of general interest and reports of current events, including coverage of democratic institutions and processes, and

        • (B) must not be primarily focused on a particular topic such as industry-specific news, sports, recreation, arts, lifestyle or entertainment,

      • (vi) it regularly employs two or more journalists who deal at arm’s length with the organization in the production of its content,

      • (vii) it is not significantly engaged in the production of content

        • (A) to promote the interests, or report on the activities, of an organization, an association or its members,

        • (B) for a government, Crown corporation or government agency, or

        • (C) to promote goods or services, and

      • (viii) it is not a Crown corporation, municipal corporation or government agency, and

    • (b) is designated at that time by the Minister and, for this purpose, the Minister shall take into account any recommendations of a body established for the purpose of this definition; (organisation journalistique canadienne qualifiée)

  • (3) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

    registered journalism organization

    registered journalism organization means a qualifying journalism organization (as defined in subsection 149.1(1)) that has applied to the Minister in prescribed form for registration, that has been registered and whose registration has not been revoked; (organisation journalistique enregistrée)

  • (4) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

    zero-emission passenger vehicle

    zero-emission passenger vehicle, of a taxpayer, means an automobile of the taxpayer that is included in Class 54 of Schedule II to the Income Tax Regulations; (voiture de tourisme zéro émission)

    zero-emission vehicle

    zero-emission vehicle, of a taxpayer, means a motor vehicle that

    • (a) is a plug-in hybrid that meets prescribed conditions or is fully

      • (i) electric, or

      • (ii) powered by hydrogen,

    • (b) is acquired, and becomes available for use, by the taxpayer after March 18, 2019 and before 2028, and

    • (c) is not a vehicle

      • (i) that has been used, or acquired for use, for any purpose before it was acquired by the taxpayer, or

      • (ii) in respect of which

        • (A) the taxpayer has, at any time, made an election under subsection 1103(2j) of the Income Tax Regulations,

        • (B) assistance has been paid by the Government of Canada under a prescribed program, or

        • (C) an amount has been deducted under paragraph 20(1)(a) or subsection 20(16) by another person or partnership. (véhicule zéro émission)

  • (5) Subsections 248(17) and (17.1) of the Act are replaced by the following:

    • Marginal note:Application of subsection (16) to certain vehicles and aircraft

      (17) If the input tax credit of a taxpayer under Part IX of the Excise Tax Act in respect of a passenger vehicle, zero-emission passenger vehicle or aircraft is determined with reference to subsection 202(4) of that Act, subparagraphs (16)(a)(i) to (iii) are to be read as they apply in respect of the vehicle or aircraft, as the case may be, as follows:

      • (i) at the beginning of the first taxation year or fiscal period of the taxpayer commencing after the end of the taxation year or fiscal period, as the case may be, in which the goods and services tax in respect of such property was considered for the purposes of determining the input tax credit to be payable, if the tax was considered for the purposes of determining the input tax credit to have become payable in the reporting period, or

      • (ii) if no such tax was considered for the purposes of determining the input tax credit to have become payable in the reporting period, at the end of the reporting period; or

    • Marginal note:Application of subsection (16.1) to certain vehicles and aircraft

      (17.1) If the input tax refund of a taxpayer under An Act respecting the Québec sales tax, R.S.Q., c. T-0.1, in respect of a passenger vehicle, zero-emission passenger vehicle or aircraft is determined with reference to section 252 of that Act, subparagraphs (16.1)(a)(i) to (iii) are to be read as they apply in respect of the vehicle or aircraft, as the case may be, as follows:

      • (i) at the beginning of the first taxation year or fiscal period of the taxpayer that begins after the end of the taxation year or fiscal period, as the case may be, in which the Quebec sales tax in respect of such property was considered for the purposes of determining the input tax refund to be payable, if the tax was considered for the purposes of determining the input tax refund to have become payable in the reporting period, or

      • (ii) if no such tax was considered for the purposes of determining the input tax refund to have become payable in the reporting period, at the end of the reporting period; or

  • (6) Subsections (1), (4) and (5) are deemed to have come into force on March 19, 2019.

  • (7) Subsection (2) is deemed to have come into force on January 1, 2019.

  • (8) Subsection (3) comes into force on January 1, 2020.

 

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