Income Tax Act

Definition of taxation year

• 249 (1) In this Act, except as expressly otherwise provided, a taxation year is

  • (a) in the case of a corporation or Canadian resident partnership, a fiscal period;

  • (b) in the case of an individual (other than a testamentary trust), a calendar year; and

  • (c) in the case of a testamentary trust, the period for which the accounts of the trust are made up for purposes of assessment under this Act.

• Marginal note:References to calendar year

  (1.1) When a taxation year is referred to by reference to a calendar year, the reference is to the taxation year or taxation years that coincide with, or that end in, that calendar year.

• Marginal note:References to certain taxation years and fiscal periods

  (2) For the purposes of this Act,

  • (a) a reference to a taxation year ending in another year includes a reference to a taxation year ending coincidentally with that other year; and

  • (b) a reference to a fiscal period ending in a taxation year includes a reference to a fiscal period ending coincidentally with that year.

• Marginal note:Fiscal period exceeding 365 days

  (3) If a fiscal period of a corporation exceeds 365 days and for that reason the corporation does not have a taxation year that ends in a particular calendar year, for the purposes of this Act,

  • (a) the corporation’s first taxation year that would otherwise end in the immediately following calendar year is deemed to end on the last day of the particular calendar year and its next taxation year is deemed to commence on the first day of the immediately following calendar year; and

  • (b) the corporation’s first fiscal period that would otherwise end in the immediately following calendar year is deemed to end on the last day of the particular calendar year and its next fiscal period is deemed to commence on the first day of the immediately following calendar year.

• Marginal note:Year end on status change

  (3.1) If at any time a corporation becomes or ceases to be a Canadian-controlled private corporation, otherwise than because of an acquisition of control to which subsection (4) would, if this Act were read without reference to this subsection, apply,

  • (a) subject to paragraph (c), the corporation’s taxation year that would, if this Act were read without reference to this subsection, include that time is deemed to end immediately before that time;

  • (b) a new taxation year of the corporation is deemed to begin at that time;

  • (c) notwithstanding subsections (1) and (3), the corporation’s taxation year that would, if this Act were read without reference to this subsection, have been its last taxation year that ended before that time is deemed instead to end immediately before that time if

    • (i) were this Act read without reference to this paragraph, that taxation year would, otherwise than because of paragraph 128(1)(d), section 128.1 and paragraphs 142.6(1)(a) or 149(10)(a), have ended within the 7-day period that ended immediately before that time,

    • (ii) within that 7-day period no person or group of persons acquired control of the corporation, and the corporation did not become or cease to be a Canadian-controlled private corporation, and

    • (iii) the corporation elects, in its return of income under Part I for that taxation year to have this paragraph apply; and

  • (d) for the purpose of determining the corporation’s fiscal period after that time, the corporation is deemed not to have established a fiscal period before that time.

• Marginal note:Year end on change of control

  (4) Where at any time control of a corporation (other than a corporation that is a foreign affiliate of a taxpayer resident in Canada and that did not carry on a business in Canada at any time in its last taxation year beginning before that time) is acquired by a person or group of persons, for the purposes of this Act,

  • (a) subject to paragraph 249(4)(c), the taxation year of the corporation that would, but for this paragraph, have included that time shall be deemed to have ended immediately before that time;

  • (b) a new taxation year of the corporation shall be deemed to have commenced at that time;

  • (c) subject to paragraph 128(1)(d), section 128.1, and paragraphs 142.6(1)(a) and 149(10)(a) , and notwithstanding subsections 249(1) and 249(3), where the taxation year of the corporation that would, but for this subsection, have been its last taxation year that ended before that time would, but for this paragraph, have ended within the 7-day period that ended immediately before that time, that taxation year shall, except where control of the corporation was acquired by a person or group of persons within that period, be deemed to end immediately before that time where the corporation so elects in its return of income under Part I for that taxation year; and

  • (d) for the purpose of determining the corporation’s fiscal period after that time, the corporation shall be deemed not to have established a fiscal period before that time.

• Marginal note:Testamentary trusts

  (5) The period for which the accounts of a testamentary trust are made up for the purposes of an assessment under this Act may not exceed 12 months, and no change in the time when such a period ends may be made for the purposes of this Act without the concurrence of the Minister.

• Marginal note:Loss of testamentary trust status

  (6) If at a particular time after December 20, 2002 a transaction or event, described in any of paragraphs (b) to (d) of the definition testamentary trust in subsection 108(1), occurs and as a result of that occurrence a trust or estate is not a testamentary trust, the following rules apply:

  • (a) the fiscal period for a business or property of the trust or estate that would, if this Act were read without reference to this subsection and those paragraphs, have included the particular time is deemed to have ended immediately before the particular time;

  • (b) the taxation year of the trust or estate that would, if this Act were read without reference to this subsection and those paragraphs, have included the particular time is deemed to have ended immediately before the particular time;

  • (c) a new taxation year of the trust or estate is deemed to have started at the particular time; and

  • (d) in determining the fiscal period for a business or property of the trust or estate after the particular time, the trust or estate is deemed not to have established a fiscal period before that time.