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Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

Assented to 2017-06-22

PART 1Amendments to the Income Tax Act and to Related Legislation (continued)

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

  •  (1) Paragraph 149(1)(t) of the Act is repealed.

  • (2) Subsections 149(4.1) to (4.3) of the Act are repealed.

  • (3) The portion of subsection 149(10) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Becoming or ceasing to be exempt

      (10) If at any time (in this subsection referred to as that time), a person — that is a corporation or, if that time is after September 12, 2013, a trust — becomes or ceases to be exempt from tax under this Part on its taxable income, the following rules apply:

  • (4) Subsections (1) to (3) apply to taxation years that begin after 2018.

  •  (1) Subsection 149.1(15) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

  • (2) Subsection (1) applies in respect of gifts made after March 21, 2017.

  •  (1) Subsection 182(1) of the Act is replaced by the following:

    Marginal note:Surtax

    • 182 (1) Every corporation shall pay a tax under this Part for the corporation’s taxation year equal to the amount determined by the formula

      0.5A(B/C)

      where

      A
      is the corporation’s Part I tax on tobacco manufacturing profits for the year;
      B
      is the number of days in the year that are before March 23, 2017; and
      C
      is the number of days in the year.
  • (2) Subsection (1) applies to taxation years that include March 22, 2017.

  •  (1) Part II of the Act, as amended by subsection 26(1), is repealed.

  • (2) Subsection (1) applies to taxation years that begin after March 22, 2017.

  •  (1) The Act is amended by adding the following after section 221:

    Marginal note:Providing information returns in electronic format

    221.01 A person may provide an information return electronically under subsection 209(5) of the Income Tax Regulations if the criteria specified by the Minister are met.

  • (2) Subsection (1) comes into force on January 1, 2018.

2016, c. 7Budget Implementation Act, 2016, No. 1

 Subsection 29(9) of the Budget Implementation Act, 2016, No. 1 is replaced by the following:

  • (9) Subsections (2) to (5) come into force on July 1, 2018.

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

  •  (1) Section 209 of the Income Tax Regulations is amended by adding the following after subsection (4):

    • (5) A person may provide a Statement of Remuneration Paid (T4) information return, as required under subsection (1), as a single document in an electronic format (instead of the two copies required under subsection (1)) to the taxpayer to whom the return relates, on or before the date on which the return is to be filed with the Minister, unless

      • (a) the specified criteria referred to in section 221.01 of the Act are not met;

      • (b) the taxpayer has requested that the information return be provided in paper format; or

      • (c) at the time the return is required to be issued,

        • (i) the taxpayer is on extended leave or is no longer an employee of the person, or

        • (ii) the taxpayer cannot reasonably be expected to have access to the information return in electronic format.

  • (2) Subsection (1) applies in respect of information returns that are required to be filed after 2017.

  •  (1) Section 3505 of the Regulations is repealed.

  • (2) Subsection (1) applies in respect of gifts made after March 21, 2017.

  •  (1) Subsection 4802(2) of the Regulations is repealed.

  • (2) Subsection (1) applies to taxation years that begin after 2018.

Coordinating Amendments

Marginal note:2016, c. 7

  •  (1) In this section, other Act means the Budget Implementation Act, 2016, No. 1.

  • (2) If subsection 29(9) of the other Act produces its effects before section 30 of this Act comes into force, then

    • (a) that section 30 is deemed never to have come into force and is repealed;

    • (b) the following amendments are deemed to have come into force on July 1, 2017:

      • (i) the first formula in subsection 122.61(1) of the Income Tax Act is replaced by the following:

        (A + C + M)/12

      • (ii) the formula in the description of A in subsection 122.61(1) of the Income Tax Act is replaced by the following:

        E − Q − R

      • (iii) subsection 122.61(1) of the Income Tax Act is amended by adding the following after the description of A:

        C
        is the amount determined by the formula

        F – (G × H)

        where

        F
        is, if the person is, at the beginning of the month, an eligible individual in respect of
        • (a) only one qualified dependant, $2,308, and

        • (b) two or more qualified dependants, the total of

          • (i) $2,308 for the first qualified dependant,

          • (ii) $2,042 for the second qualified dependant, and

          • (iii) $1,943 for each of the third and subsequent qualified dependants,

        G
        is the amount determined by the formula

        J – [K – (L/0.122)]

        where

        J
        is the person’s adjusted income for the year,
        K
        is $45,282, and
        L
        is the amount referred to in paragraph (a) of the description of F, and
        H
        is
        • (a) if the person is an eligible individual in respect of only one qualified dependant, 12.2%, and

        • (b) if the person is an eligible individual in respect of two or more qualified dependants, the fraction (expressed as a percentage rounded to the nearest one-tenth of one per cent) of which

          • (i) the numerator is the total that would be determined under the description of F in respect of the eligible individual if that description were applied without reference to the fourth and subsequent qualified dependants in respect of whom the person is an eligible individual, and

          • (ii) the denominator is the amount referred to in paragraph (a) of the description of F, divided by 0.122; and

      • (iv) the description of A in subsection 122.61(1) of the Income Tax Act is amended by striking out “and” at the end of the description of E, by adding “and” at the end of the description of Q and by adding the following after the description of Q:

        R
        is the amount determined for C;
    • (c) the following amendments come into force on July 1, 2018:

      • (i) the first formula in subsection 122.61(1) of the Income Tax Act is replaced by the following:

        (A + M)/12

      • (ii) the formula in the description of A in subsection 122.61(1) of the Income Tax Act is replaced by the following:

        E − Q

      • (iii) the description of C in subsection 122.61(1) of the Income Tax Act is repealed, and

      • (iv) the description of A in subsection 122.61(1) of the Income Tax Act is amended by striking out “and” at the end of the description of Q, by adding “and” at the end of the description of E and by repealing the description of R.

  • (3) If this Act receives royal assent on July 1, 2017, then section 30 of this Act is deemed to have come into force before subsection 29(9) of the other Act has produced its effects.

 

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