Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.))

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Act current to 2018-07-05 and last amended on 2018-07-01. Previous Versions

Marginal note:General reporting requirements
  •  (1) Subject to subsections (3) and (4), each reporting financial institution must report the following information to the Minister with respect to each of its reportable accounts:

    • (a) the name, address, jurisdiction of residence, TIN and date of birth (in the case of a natural person) of each reportable person that is an account holder of the account;

    • (b) in the case of any entity that is an account holder of the account and that, after applying the due diligence procedures in sections 275 to 277, is identified as having one or more controlling persons that is a reportable person,

      • (i) the name, address, jurisdiction of residence and TIN of the entity, and

      • (ii) the name, address, jurisdiction of residence, TIN and date of birth of each of those controlling persons;

    • (c) the account number (or functional equivalent in the absence of an account number) of the account;

    • (d) the name and identifying number (if any) of the reporting financial institution;

    • (e) the account balance or value (including, in the case of a cash value insurance contract or annuity contract, the cash value or surrender value)

      • (i) at the end of the relevant calendar year or other appropriate reporting period, or

      • (ii) if the account was closed during the relevant calendar year or period, on closure of the account;

    • (f) in the case of any custodial account,

      • (i) the total gross amount of interest, the total gross amount of dividends and the total gross amount of other income generated with respect to the assets held in the account, in each case paid or credited to the account (or with respect to the account) during the calendar year or other appropriate reporting period, and

      • (ii) the total gross proceeds from the sale or redemption of financial assets paid or credited to the account during the calendar year or other appropriate reporting period with respect to which the reporting financial institution acted as a custodian, broker, nominee or otherwise as an agent for the account holder;

    • (g) in the case of any depository account, the total gross amount of interest paid or credited to the account during the calendar year or other appropriate reporting period; and

    • (h) in the case of any account not described in paragraph (f) or (g), the total gross amount paid or credited to the account holder with respect to the account during the calendar year or other appropriate reporting period with respect to which the reporting financial institution is the obligor or debtor, including the aggregate amount of any redemption payments made to the account holder during the calendar year or other appropriate reporting period.

  • Marginal note:Currrency

    (2) The information reported must identify the currency in which each amount is denominated.

  • Marginal note:TIN and date of birth

    (3) With respect to each reportable account that is a preexisting account,

    • (a) notwithstanding paragraphs (1)(a) and (b), the TIN or date of birth are not required to be reported if the TIN or the date of birth (as appropriate)

      • (i) are not in the records of the reporting financial institution, and

      • (ii) are not otherwise required to be collected by the reporting financial institution under the Act; and

    • (b) a reporting financial institution is required to use reasonable efforts to obtain the TIN and the date of birth with respect to a preexisting account by the end of the second calendar year following the year in which the preexisting account is identified as a reportable account.

  • Marginal note:Exceptions

    (4) Notwithstanding paragraphs (1)(a) and (b), a TIN of a reportable person is not required to be reported if

    • (a) the relevant reportable jurisdiction does not issue TINs; or

    • (b) the domestic law of the relevant reportable jurisdiction does not require the collection of the TIN issued by such reportable jurisdiction.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 2016, c. 12, s. 71.
Marginal note:General due diligence rules
  •  (1) An account is treated as a reportable account as of the date it is identified as a reportable account under the due diligence procedures set out in this section and in sections 273 to 277.

  • Marginal note:Timing — determination of balance or value

    (2) The balance or value of an account is determined on the last day of the calendar year or other appropriate reporting period.

  • Marginal note:Determination — balance or value

    (3) For the purpose of determining whether the balance or value of an account exceeds a particular threshold on the last day of a calendar year, the balance or value must be determined on the last day of the last reporting period that ends on or before the end of the calendar year.

  • Marginal note:Service provider

    (4) A reporting financial institution may use service providers to fulfil its reporting and due diligence obligations imposed, but these obligations shall remain the responsibility of the reporting financial institution.

  • Marginal note:Optional due diligence procedures

    (5) A reporting financial institution may, either with respect to all preexisting accounts or, separately, with respect to any clearly identified group of those accounts, apply the due diligence procedures

    • (a) for new accounts to preexisting accounts (with the other rules for preexisting accounts continuing to apply); and

    • (b) for high value accounts to lower value accounts.

  • Marginal note:Documentation of due diligence procedures

    (6) Every reporting financial institution shall establish, maintain and document the due diligence procedures set out in this section and sections 273 to 277.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 2016, c. 12, s. 71.
Marginal note:Due diligence for preexisting individual accounts
  •  (1) A preexisting individual account that is a cash value insurance contract or an annuity contract is not required to be reviewed, identified or reported, if the reporting financial institution is effectively prevented by law from selling those contracts to residents of a reportable jurisdiction.

  • Marginal note:Lower value accounts

    (2) The following review procedures apply with respect to lower value accounts that are preexisting individual accounts:

    • (a) if the reporting financial institution has in its records the address of the individual account holder’s current residence (in this section, their current residence address) based on documentary evidence, the reporting financial institution may treat the individual account holder as being a resident for tax purposes of the jurisdiction in which the address is located for purposes of determining whether the individual account holder is a reportable person;

    • (b) if the reporting financial institution does not rely on a current residence address for the individual account holder based on documentary evidence as described in paragraph (a), the reporting financial institution must review electronically searchable data maintained by the reporting financial institution for any of the following indicia and apply paragraphs (c) to (f):

      • (i) identification of the account holder as a resident of a reportable jurisdiction,

      • (ii) current mailing or residence address (including post office box) in a reportable jurisdiction,

      • (iii) one or more telephone numbers in a reportable jurisdiction and no telephone number in the jurisdiction of the reporting financial institution,

      • (iv) standing instructions (other than with respect to a depository account) to transfer funds to an account maintained in a reportable jurisdiction,

      • (v) currently effective power of attorney or signatory authority granted to a person with an address in a reportable jurisdiction, and

      • (vi) a hold mail instruction or in-care-of address in a reportable jurisdiction if the reporting financial institution does not have any other address on file for the account holder;

    • (c) if none of the indicia listed in paragraph (b) are discovered in the electronic search, then no further review is required until the earlier of

      • (i) a change in circumstances that results in one or more of the indicia referred to in paragraph (b) being associated with the account, and

      • (ii) the account becoming a high value account;

    • (d) if any of the indicia listed in subparagraphs (b)(i) to (v) are discovered in the electronic search or if there is a change in circumstances that results in one or more of the indicia in paragraph (b) being associated with the account, then the reporting financial institution must treat the account holder as a resident for tax purposes of each reportable jurisdiction for which an indicium is identified, unless one of the exceptions in paragraph (f) applies with respect to that account;

    • (e) if a hold mail instruction or in-care-of address in a reportable jurisdiction is discovered in the electronic search and no other address and none of the other indicia listed in subparagraphs (b)(i) to (v) are identified for the account holder, then

      • (i) the reporting financial institution must do one (if the relevant information is obtained) or both (in the order most appropriate to the circumstances) of the following:

        • (A) apply the paper record search described in paragraph (3)(b), and

        • (B) seek to obtain from the account holder a self-certification or documentary evidence to establish the residence for tax purposes of the account holder, and

      • (ii) if the paper record search referred to in clause (i)(A) fails to establish an indicium and the attempt to obtain the self-certification or documentary evidence referred to in clause (i)(B) is not successful, then the reporting financial institution must report the account as an undocumented account; and

    • (f) notwithstanding the discovery of indicia under paragraph (b), a reporting financial institution is not required to treat an account holder as a resident of a reportable jurisdiction if

      • (i) both

        • (A) the account holder information contains

          • (I) a current mailing or residence address in the reportable jurisdiction,

          • (II) one or more telephone numbers in the reportable jurisdiction (and no telephone number in the jurisdiction of the reporting financial institution), or

          • (III) standing instructions (with respect to financial accounts other than depository accounts) to transfer funds to an account maintained in a reportable jurisdiction, and

        • (B) the reporting financial institution obtains, or has previously reviewed and currently maintains a record of,

          • (I) a self-certification from the account holder of the jurisdictions of residence of the account holder that does not include the reportable jurisdiction, and

          • (II) documentary evidence establishing the account holder’s non-reportable status in relation to that jurisdiction, or

      • (ii) both

        • (A) the account holder information contains a currently effective power of attorney or signatory authority granted to a person with an address in the reportable jurisdiction, and

        • (B) the reporting financial institution obtains, or has previously reviewed and currently maintains a record of,

          • (I) a self-certification from the account holder of the jurisdictions of residence of the account holder that does not include the reportable jurisdiction, or

          • (II) documentary evidence establishing the account holder’s non-reportable status in relation to that jurisdiction.

  • Marginal note:Enhanced review procedure – high value accounts

    (3) The following enhanced review procedures apply with respect to high value accounts that are preexisting individual accounts:

    • (a) the reporting financial institution must review electronically searchable data maintained by the reporting financial institution for any of the indicia described in paragraph (2)(b);

    • (b) subject to paragraph (c), the reporting financial institution must review for any of the indicia described in paragraph (2)(b)

      • (i) the current customer master file, and

      • (ii) the following documents associated with the account, and obtained by the reporting financial institution within the last five years, to the extent that they are not contained in the current customer master file:

        • (A) the most recent documentary evidence collected with respect to the account,

        • (B) the most recent account opening contract or documentation,

        • (C) the most recent documentation obtained by the reporting financial institution in accordance with AML/KYC procedures or for other regulatory purposes,

        • (D) any power of attorney or signature authority forms currently in effect, and

        • (E) any standing instructions (other than with respect to a depository account) to transfer funds currently in effect;

    • (c) a reporting financial institution is not required to perform the paper record search described in paragraph (b) to the extent that the reporting financial institution’s electronically searchable information includes the following:

      • (i) the account holder’s residence status,

      • (ii) the account holder’s residence address and mailing address currently on file with the reporting financial institution,

      • (iii) the account holder’s telephone number currently on file, if any, with the reporting financial institution,

      • (iv) in the case of financial accounts other than depository accounts, whether there are standing instructions to transfer funds in the account to another account (including an account at another branch of the reporting financial institution or at another financial institution),

      • (v) whether there is a hold mail instruction or current in-care-of address for the account holder, and

      • (vi) whether there is any power of attorney or signatory authority for the account;

    • (d) in addition to the electronic and paper record searches described in paragraphs (a) to (c), the reporting financial institution must treat as a reportable account any high value account assigned to a relationship manager (including any financial accounts aggregated with that high value account under section 277) if the relationship manager has actual knowledge that the account holder is a reportable person;

    • (e) with respect to the enhanced review of high value accounts described in paragraphs (a) to (d),

      • (i) if none of the indicia listed in paragraph (2)(b) are discovered in the enhanced review and the account is not identified as being held by a reportable person in paragraph (d), then further action is not required until there is a change in circumstances that results in one or more indicia being associated with the account,

      • (ii) if any of the indicia listed in subparagraphs (2)(b)(i) through (v) are discovered in the enhanced review, or if there is a subsequent change in circumstances that results in one or more indicia being associated with the account, then the reporting financial institution must treat the account as a reportable account with respect to each reportable jurisdiction for which an indicium is identified unless one of the exceptions in paragraph (2)(f) applies with respect to that account, and

      • (iii) if a hold mail instruction or in-care-of address is discovered in the enhanced review and no other address or other indicia listed in subparagraphs (2)(b)(i) to (v) are identified for the account holder, then the reporting financial institution must

        • (A) obtain from the account holder a self-certification or documentary evidence to establish the residence for tax purposes of the account holder, and

        • (B) if the reporting financial institution cannot obtain a self-certification or documentary evidence, report the account as an undocumented account;

    • (f) if a preexisting individual account is not a high value account on June 30, 2017, but becomes a high value account as of the last day of a subsequent calendar year,

      • (i) the reporting financial institution must complete the enhanced review procedures described in this subsection with respect to the account within the calendar year following the year in which the account becomes a high value account, and

      • (ii) if the account is identified as a reportable account based on the review in subparagraph (i), the reporting financial institution must report the required information about the account with respect to the year in which it is identified as a reportable account (and subsequent years on an annual basis, unless the account holder ceases to be a reportable person);

    • (g) if a reporting financial institution applies the enhanced review procedures described in this subsection to a high value account in a year, then the reporting financial institution is not required to reapply those procedures – other than the relationship manager inquiry described in paragraph (d) – to the same high value account in any subsequent year unless the account is undocumented, in which case the reporting financial institution must re-apply them annually until the account ceases to be undocumented;

    • (h) if there is a change of circumstances with respect to a high value account that results in one or more indicia described in paragraph (2)(b) being associated with the account, then the reporting financial institution must treat the account as a reportable account with respect to each reportable jurisdiction for which an indicium is identified unless one of the exceptions in paragraph (2)(f) applies with respect to that account; and

    • (i) a reporting financial institution must implement procedures to ensure that a relationship manager identifies any change in circumstances of an account.

  • Marginal note:Timing of review

    (4) Each preexisting individual account must be reviewed in accordance with subsection (2) or (3) before

    • (a) 2019, if the account is a high value account; or

    • (b) 2020, if the account is a lower value account.

  • Marginal note:Reportable preexisting individual accounts

    (5) Any preexisting individual account that has been identified as a reportable account under this section must be treated as a reportable account in all subsequent years, unless the account holder ceases to be a reportable person.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 2016, c. 12, s. 71.
 
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