VIII, s. 1341997, c. 25, s. 68
233.1(1)The definitions in this subsection apply in this section.reportable transactionreportable transactionmeans(a)in the case of(i)a reporting person for a taxation year who is not resident in Canada at any time in the year, or(ii)a reporting partnership for a fiscal period no member of which is resident in Canada in the period,a transaction or series of transactions that relate in any manner whatever to a business carried on in Canada by the reporting person or partnership in the year or period or a preceding taxation year or period; and(b)in any other case, a transaction or series of transactions that relate in any manner whatever to a business carried on by a reporting person (other than a business carried on by a reporting person as a member of a partnership) or partnership in a taxation year or fiscal period. (opération à déclarer)reporting partnershipreporting partnershipfor a fiscal period means a partnership(a)a member of which is resident in Canada in the period; or(b)that carries on a business in Canada in the period. (société de personnes déclarante)reporting personreporting personfor a taxation year means a person who, at any time in the year,(a)is resident in Canada; or(b)is non-resident and carries on a business (other than a business carried on as a member of a partnership) in Canada. (déclarant)transactiontransactionincludes an arrangement or event. (opération)Marginal note:Reporting person’s information return(2)Subject to subsection 233.1(4), a reporting person for a taxation year shall, on or before the reporting person’s filing-due date for the year, file with the Minister, in respect of each non-resident person with whom the reporting person does not deal at arm’s length in the year and each partnership of which such a non-resident person is a member, an information return for the year in prescribed form containing prescribed information in respect of the reportable transactions in which the reporting person and the non-resident person or the partnership, as the case may be, participated in the year.Marginal note:Reporting partnership’s information return(3)Subject to subsection 233.1(4), a reporting partnership for a fiscal period shall, on or before the day on or before which a return is required by section 229 of theIncome Tax Regulationsto be filed in respect of the period or would be required to be so filed if that section applied to the reporting partnership, file with the Minister, in respect of each non-resident person with whom the reporting partnership, or a member of the reporting partnership, does not deal at arm’s length in the period and each partnership of which such a non-resident person is a member, an information return for the period in prescribed form containing prescribed information in respect of the reportable transactions in which the reporting partnership and the non-resident person or the partnership, as the case may be, participated in the period.Marginal note:De minimis exception(4)A reporting person or partnership that, but for this subsection, would be required under subsection 233.1(2) or 233.1(3) to file an information return for a taxation year or fiscal period is not required to file the return unless the total of all amounts, each of which is the total fair market value of the property or services that relate to a reportable transaction in which the reporting person or partnership and any non-resident person with whom the reporting person or partnership, or a member of the reporting partnership, does not deal at arm’s length in the year or period, or a partnership of which such a non-resident person is a member, as the case may be, participated in the year or period, exceeds $1,000,000.Marginal note:Deemed member of partnership(5)For the purposes of this section, a person who is a member of a partnership that is a member of another partnership is deemed to be a member of the other partnership.
(a)in the case of(i)a reporting person for a taxation year who is not resident in Canada at any time in the year, or(ii)a reporting partnership for a fiscal period no member of which is resident in Canada in the period,a transaction or series of transactions that relate in any manner whatever to a business carried on in Canada by the reporting person or partnership in the year or period or a preceding taxation year or period; and(b)in any other case, a transaction or series of transactions that relate in any manner whatever to a business carried on by a reporting person (other than a business carried on by a reporting person as a member of a partnership) or partnership in a taxation year or fiscal period. (opération à déclarer)
(i)a reporting person for a taxation year who is not resident in Canada at any time in the year, or(ii)a reporting partnership for a fiscal period no member of which is resident in Canada in the period,
(a)a member of which is resident in Canada in the period; or(b)that carries on a business in Canada in the period. (société de personnes déclarante)
(a)is resident in Canada; or(b)is non-resident and carries on a business (other than a business carried on as a member of a partnership) in Canada. (déclarant)
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 233.11998, c. 19, s. 231
233.2(1)The definitions in this subsection apply in this section.exempt trustexempt trustmeans(a)a trust that is governed by a foreign retirement arrangement;(b)a trust that(i)is resident in a country under the laws of which an income tax is imposed,(ii)is exempt under the laws referred to in subparagraph (i) from the payment of income tax to the government of that country,(iii)is established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits, and(iv)is either(A)maintained primarily for the benefit of non-resident individuals, or(B)governed by an employees profit sharing plan; or(c)a trust(i)where the interest of each beneficiary under the trust is described by reference to units, and(ii)that complies with prescribed conditions. (fiducie exonérée)specified beneficiaryspecified beneficiary[Repealed, 2013, c. 34, s. 21]specified foreign trustspecified foreign trust[Repealed, 2013, c. 34, s. 21]Marginal note:Rule of application(2)In this section and paragraph 233.5(c.1), subsections 94(1), (2) and (10) to (13) apply, except that the reference to the expression “(other than restricted property)” in the definitionarm’s length transferin subsection 94(1) is to be read as a reference to the expression “(other than property to which paragraph 94(2)(g) applies but not including a unit of a mutual fund trust or of a trust that would be a mutual fund trust if section 4801 of theIncome Tax Regulationswere read without reference to paragraph 4801(b), a share of the capital stock of a mutual fund corporation, or a particular share of the capital stock of a corporation (other than a closely held corporation) which particular share is identical to a share that is, at the transfer time, of a class that is listed on a designated stock exchange)”.(3)[Repealed, 2013, c. 34, s. 21]Marginal note:Filing information on foreign trusts(4)A person shall file an information return in prescribed form, in respect of a taxation year of a particular trust (other than an exempt trust or a trust described in any of paragraphs (c) to (h) of the definitionexempt foreign trustin subsection 94(1)) with the Minister on or before the person’s filing-due date for the person’s taxation year in which the particular trust’s taxation year ends if(a)the particular trust is non-resident at a specified time in that taxation year of the particular trust;(b)the person is a contributor, a connected contributor or a resident contributor to the particular trust; and(c)the person(i)is resident in Canada at that specified time, and(ii)is not, at that specified time,(A)a mutual fund corporation,(B)an exempt person,(C)a mutual fund trust,(D)a trust described in any of paragraphs (a) to (e.1) of the definitiontrustin subsection 108(1),(E)a registered investment,(F)a trust in which all persons beneficially interested are persons described in clauses (A) to (E), or(G)a contributor to the particular trust by reason only of being a contributor to another trust that is resident in Canada and is described in any of clauses (B) to (F).Marginal note:Similar arrangements(4.1)In this section and sections 162, 163 and 233.5, a person’s obligations under subsection (4) (except to the extent that they are waived in writing by the Minister) are to be determined as if a contributor described in paragraph (4)(b) were any person who had transferred or loaned property, an arrangement or entity were a non-resident trust throughout the calendar year that includes the time referred to in paragraph (a) and that calendar year were a taxation year of the arrangement or entity, if(a)the person at any time, directly or indirectly, transferred or loaned the property to be held(i)under the arrangement and the arrangement is governed by the laws of a country or a political subdivision of a country other than Canada or exists, was formed or organized, or was last continued under the laws of a country or a political subdivision of a country other than Canada, or(ii)by the entity and the entity is a non-resident entity (as defined by subsection 94.1(2));(b)the transfer or loan is not an arm’s length transfer;(c)the transfer or loan is not solely in exchange for property that would be described in paragraphs (a) to (i) of the definitionspecified foreign propertyin subsection 233.3(1) if that definition were read without reference to paragraphs (j) to (q);(d)the arrangement or entity is not a trust in respect of which the person would, if this Act were read without reference to this subsection, be required to file an information return for a taxation year that includes that time; and(e)the arrangement or entity is, for a taxation year or fiscal period of the arrangement or entity that includes that time, not(i)an exempt foreign trust (as defined in subsection 94(1)),(ii)a foreign affiliate in respect of which the person is a reporting entity (within the meaning assigned by subsection 233.4(1)), or(iii)an exempt trust.Marginal note:Joint filing(5)Where information returns in respect of a trust’s taxation year would, but for this subsection, be required to be filed under subsection 4 by a particular person and another person, and the particular person identifies the other person in an election filed in writing with the Minister, for the purposes of applying this Act to the particular person(a)the information return filed by the other person shall be treated as if it had been filed by the particular person;(b)the information required to be provided with the return by the particular person shall be deemed to be the information required to be provided by the other person with the return;(c)the day on or before which the return is required to be filed by the particular person is deemed to be the later of the day on or before which(i)the return would, but for this subsection, have been required to have been filed by the particular person, and(ii)the return is required to have been filed by the other person; and(d)each act and omission of the other person in respect of the return is deemed to be an act or omission of the particular person.
(a)a trust that is governed by a foreign retirement arrangement;(b)a trust that(i)is resident in a country under the laws of which an income tax is imposed,(ii)is exempt under the laws referred to in subparagraph (i) from the payment of income tax to the government of that country,(iii)is established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits, and(iv)is either(A)maintained primarily for the benefit of non-resident individuals, or(B)governed by an employees profit sharing plan; or(c)a trust(i)where the interest of each beneficiary under the trust is described by reference to units, and(ii)that complies with prescribed conditions. (fiducie exonérée)
(i)is resident in a country under the laws of which an income tax is imposed,(ii)is exempt under the laws referred to in subparagraph (i) from the payment of income tax to the government of that country,(iii)is established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits, and(iv)is either(A)maintained primarily for the benefit of non-resident individuals, or(B)governed by an employees profit sharing plan; or
(A)maintained primarily for the benefit of non-resident individuals, or(B)governed by an employees profit sharing plan; or
(i)where the interest of each beneficiary under the trust is described by reference to units, and(ii)that complies with prescribed conditions. (fiducie exonérée)
(a)the particular trust is non-resident at a specified time in that taxation year of the particular trust;(b)the person is a contributor, a connected contributor or a resident contributor to the particular trust; and(c)the person(i)is resident in Canada at that specified time, and(ii)is not, at that specified time,(A)a mutual fund corporation,(B)an exempt person,(C)a mutual fund trust,(D)a trust described in any of paragraphs (a) to (e.1) of the definitiontrustin subsection 108(1),(E)a registered investment,(F)a trust in which all persons beneficially interested are persons described in clauses (A) to (E), or(G)a contributor to the particular trust by reason only of being a contributor to another trust that is resident in Canada and is described in any of clauses (B) to (F).
(i)is resident in Canada at that specified time, and(ii)is not, at that specified time,(A)a mutual fund corporation,(B)an exempt person,(C)a mutual fund trust,(D)a trust described in any of paragraphs (a) to (e.1) of the definitiontrustin subsection 108(1),(E)a registered investment,(F)a trust in which all persons beneficially interested are persons described in clauses (A) to (E), or(G)a contributor to the particular trust by reason only of being a contributor to another trust that is resident in Canada and is described in any of clauses (B) to (F).
(A)a mutual fund corporation,(B)an exempt person,(C)a mutual fund trust,(D)a trust described in any of paragraphs (a) to (e.1) of the definitiontrustin subsection 108(1),(E)a registered investment,(F)a trust in which all persons beneficially interested are persons described in clauses (A) to (E), or(G)a contributor to the particular trust by reason only of being a contributor to another trust that is resident in Canada and is described in any of clauses (B) to (F).
(a)the person at any time, directly or indirectly, transferred or loaned the property to be held(i)under the arrangement and the arrangement is governed by the laws of a country or a political subdivision of a country other than Canada or exists, was formed or organized, or was last continued under the laws of a country or a political subdivision of a country other than Canada, or(ii)by the entity and the entity is a non-resident entity (as defined by subsection 94.1(2));(b)the transfer or loan is not an arm’s length transfer;(c)the transfer or loan is not solely in exchange for property that would be described in paragraphs (a) to (i) of the definitionspecified foreign propertyin subsection 233.3(1) if that definition were read without reference to paragraphs (j) to (q);(d)the arrangement or entity is not a trust in respect of which the person would, if this Act were read without reference to this subsection, be required to file an information return for a taxation year that includes that time; and(e)the arrangement or entity is, for a taxation year or fiscal period of the arrangement or entity that includes that time, not(i)an exempt foreign trust (as defined in subsection 94(1)),(ii)a foreign affiliate in respect of which the person is a reporting entity (within the meaning assigned by subsection 233.4(1)), or(iii)an exempt trust.
(i)under the arrangement and the arrangement is governed by the laws of a country or a political subdivision of a country other than Canada or exists, was formed or organized, or was last continued under the laws of a country or a political subdivision of a country other than Canada, or(ii)by the entity and the entity is a non-resident entity (as defined by subsection 94.1(2));
(i)an exempt foreign trust (as defined in subsection 94(1)),(ii)a foreign affiliate in respect of which the person is a reporting entity (within the meaning assigned by subsection 233.4(1)), or(iii)an exempt trust.
(a)the information return filed by the other person shall be treated as if it had been filed by the particular person;(b)the information required to be provided with the return by the particular person shall be deemed to be the information required to be provided by the other person with the return;(c)the day on or before which the return is required to be filed by the particular person is deemed to be the later of the day on or before which(i)the return would, but for this subsection, have been required to have been filed by the particular person, and(ii)the return is required to have been filed by the other person; and(d)each act and omission of the other person in respect of the return is deemed to be an act or omission of the particular person.
(i)the return would, but for this subsection, have been required to have been filed by the particular person, and(ii)the return is required to have been filed by the other person; and
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1997, c. 25, s. 691998, c. 19, s. 2322013, c. 34, s. 21
233.3(1)The definitions in this subsection apply in this section.reporting entityreporting entityfor a taxation year or fiscal period means a specified Canadian entity for the year or period where, at any time (other than a time when the entity is non-resident) in the year or period, the total of all amounts each of which is the cost amount to the entity of a specified foreign property of the entity exceeds $100,000. (déclarant)specified Canadian entityspecified Canadian entityfor a taxation year or fiscal period means(a)a taxpayer resident in Canada in the year that is not(i)a mutual fund corporation,(ii)a non-resident-owned investment corporation,(iii)a person (other than a trust) all of whose taxable income for the year is exempt from tax under Part I,(iv)a trust all of the taxable income of which for the year is exempt from tax under Part I,(v)a mutual fund trust,(vi)a trust described in any of paragraphs (a) to (e.1) of the definitiontrustin subsection 108(1),(vii)a registered investment, nor(viii)a trust in which all persons beneficially interested are persons described in subparagraphs (i) to (vii); and(b)a partnership (other than a partnership all the members of which are taxpayers referred to in any of subparagraphs i) to (viii)) where the total of all amounts, each of which is a share of the partnership’s income or loss for the period of a non-resident member, is less than 90% of the income or loss of the partnership for the period, and, where the income and loss of the partnership are nil for the period, the income of the partnership for the period is deemed to be $1,000,000 for the purpose of determining a member’s share of the partnership’s income for the purpose of this paragraph. (entité canadienne déterminée)specified foreign propertyspecified foreign propertyof a person or partnership means any property of the person or the partnership that is(a)funds or intangible property, or for civil law incorporeal property, situated, deposited or held outside Canada,(b)tangible property, or for civil law corporeal property, situated outside Canada,(c)a share of the capital stock of a non-resident corporation,(d)an interest in a non-resident trust,(e)an interest in a partnership that owns or holds specified foreign property,(f)an interest in, or right with respect to, an entity that is non-resident,(g)indebtedness owed by a non-resident person,(h)an interest in, or for civil law a right in, or a right — under a contract in equity or otherwise either immediately or in the future and either absolutely or contingently — to, any property (other than any property owned by a corporation or trust that is not the person) that is specified foreign property, and(i)property that, under the terms or conditions thereof or any agreement relating thereto, is convertible into, is exchangeable for or confers a right to acquire, property that is specified foreign property,but does not include(j)property that is used or held exclusively in the course of carrying on an active business of the person or partnership (determined as if the person or partnership were a corporation resident in Canada),(k)a share of the capital stock or indebtedness of a non-resident corporation that is a foreign affiliate of the person or partnership for the purpose of section 233.4,(l)an interest in, or indebtedness of, a non-resident trust that is a foreign affiliate of the person or partnership for the purpose of section 233.4,(m)an interest in a non-resident trust that was not acquired for consideration by either the person or partnership or a person related to the person or partnership,(n)an interest in a trust described in paragraph (a) or (b) of the definitionexempt trustin subsection 233.2(1),(o)an interest in a partnership that is a specified Canadian entity,(o.1)a right with respect to, or indebtedness of, an authorized foreign bank that is issued by, and payable or otherwise enforceable at, a branch in Canada of the bank,(p)personal-use property of the person or partnership, and(q)an interest in, or for civil law a right in, or a right to acquire, a property that is described in any of paragraphs (j) to (p). (bien étranger déterminé)Marginal note:Application to members of partnerships(2)For the purpose of this section, a person who is a member of a partnership that is a member of another partnership(a)is deemed to be a member of the other partnership; and(b)the person’s share of the income or loss of the other partnership is deemed to be equal to the amount of that income or loss to which the person is directly or indirectly entitled.Marginal note:Returns respecting foreign property(3)A reporting entity for a taxation year or fiscal period shall file with the Minister for the year or period a return in prescribed form on or before the day that is(a)where the entity is a partnership, the day on or before which a return is required by section 229 of theIncome Tax Regulationsto be filed in respect of the fiscal period of the partnership or would be required to be so filed if that section applied to the partnership; and(b)where the entity is not a partnership, the entity’s filing-due date for the year.
(a)a taxpayer resident in Canada in the year that is not(i)a mutual fund corporation,(ii)a non-resident-owned investment corporation,(iii)a person (other than a trust) all of whose taxable income for the year is exempt from tax under Part I,(iv)a trust all of the taxable income of which for the year is exempt from tax under Part I,(v)a mutual fund trust,(vi)a trust described in any of paragraphs (a) to (e.1) of the definitiontrustin subsection 108(1),(vii)a registered investment, nor(viii)a trust in which all persons beneficially interested are persons described in subparagraphs (i) to (vii); and(b)a partnership (other than a partnership all the members of which are taxpayers referred to in any of subparagraphs i) to (viii)) where the total of all amounts, each of which is a share of the partnership’s income or loss for the period of a non-resident member, is less than 90% of the income or loss of the partnership for the period, and, where the income and loss of the partnership are nil for the period, the income of the partnership for the period is deemed to be $1,000,000 for the purpose of determining a member’s share of the partnership’s income for the purpose of this paragraph. (entité canadienne déterminée)
(i)a mutual fund corporation,(ii)a non-resident-owned investment corporation,(iii)a person (other than a trust) all of whose taxable income for the year is exempt from tax under Part I,(iv)a trust all of the taxable income of which for the year is exempt from tax under Part I,(v)a mutual fund trust,(vi)a trust described in any of paragraphs (a) to (e.1) of the definitiontrustin subsection 108(1),(vii)a registered investment, nor(viii)a trust in which all persons beneficially interested are persons described in subparagraphs (i) to (vii); and
(a)funds or intangible property, or for civil law incorporeal property, situated, deposited or held outside Canada,(b)tangible property, or for civil law corporeal property, situated outside Canada,(c)a share of the capital stock of a non-resident corporation,(d)an interest in a non-resident trust,(e)an interest in a partnership that owns or holds specified foreign property,(f)an interest in, or right with respect to, an entity that is non-resident,(g)indebtedness owed by a non-resident person,(h)an interest in, or for civil law a right in, or a right — under a contract in equity or otherwise either immediately or in the future and either absolutely or contingently — to, any property (other than any property owned by a corporation or trust that is not the person) that is specified foreign property, and(i)property that, under the terms or conditions thereof or any agreement relating thereto, is convertible into, is exchangeable for or confers a right to acquire, property that is specified foreign property,
(j)property that is used or held exclusively in the course of carrying on an active business of the person or partnership (determined as if the person or partnership were a corporation resident in Canada),(k)a share of the capital stock or indebtedness of a non-resident corporation that is a foreign affiliate of the person or partnership for the purpose of section 233.4,(l)an interest in, or indebtedness of, a non-resident trust that is a foreign affiliate of the person or partnership for the purpose of section 233.4,(m)an interest in a non-resident trust that was not acquired for consideration by either the person or partnership or a person related to the person or partnership,(n)an interest in a trust described in paragraph (a) or (b) of the definitionexempt trustin subsection 233.2(1),(o)an interest in a partnership that is a specified Canadian entity,(o.1)a right with respect to, or indebtedness of, an authorized foreign bank that is issued by, and payable or otherwise enforceable at, a branch in Canada of the bank,(p)personal-use property of the person or partnership, and(q)an interest in, or for civil law a right in, or a right to acquire, a property that is described in any of paragraphs (j) to (p). (bien étranger déterminé)
(a)is deemed to be a member of the other partnership; and(b)the person’s share of the income or loss of the other partnership is deemed to be equal to the amount of that income or loss to which the person is directly or indirectly entitled.
(a)where the entity is a partnership, the day on or before which a return is required by section 229 of theIncome Tax Regulationsto be filed in respect of the fiscal period of the partnership or would be required to be so filed if that section applied to the partnership; and(b)where the entity is not a partnership, the entity’s filing-due date for the year.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1997, c. 25, s. 692001, c. 17, s. 1842013, c. 34, ss. 22, 166
233.4(1)For the purpose of this section,reporting entityfor a taxation year or fiscal period means(a)a taxpayer resident in Canada (other than a taxpayer all of whose taxable income for the year is exempt from tax under Part I) of which a non-resident corporation is a foreign affiliate at any time in the year;(b)a taxpayer resident in Canada (other than a taxpayer all of whose taxable income for the year is exempt from tax under Part I) of which a non-resident trust is a foreign affiliate at any time in the year; and(c)a partnership(i)where the total of all amounts, each of which is a share of the partnership’s income or loss for the period of a member that is not resident in Canada or that is a taxpayer all of whose taxable income for the year in which the period ends is exempt from tax under Part I, is less than 90% of the income or loss of the partnership for the period, and, where the income and loss of the partnership are nil for the period, the income of the partnership for the period is deemed to be $1,000,000 for the purpose of determining a member’s share of the partnership’s income for the purpose of this subparagraph, and(ii)of which a non-resident corporation or trust is a foreign affiliate at any time in the fiscal period.Marginal note:Rules of application(2)For the purpose of this section, in determining whether a non-resident corporation or trust is a foreign affiliate or a controlled foreign affiliate of a taxpayer resident in Canada or of a partnership(a)paragraph (b) of the definitionequity percentagein subsection 95(4) shall be read as if the reference to “any corporation” were a reference to “any corporation other than a corporation resident in Canada”;(b)the definitionsdirect equity percentageandequity percentagein subsection 95(4) shall be read as if a partnership were a person;(c)the definitionscontrolled foreign affiliateandforeign affiliatein subsection 95(1) shall be read as if a partnership were a taxpayer resident in Canada; and(d)if the taxpayer is a member of one or more partnerships described in subparagraph (1)(c)(i) of which a non-resident corporation or trust is a foreign affiliate, and the taxpayer does not have any direct or indirect interest (determined without reference to subsection 93.1(1)) in the non-resident corporation or trust other than through its interest in the partnerships, then the non-resident corporation or trust is deemed not to be a foreign affiliate of the taxpayer.Marginal note:Application to members of partnerships(3)For the purpose of this section, a person who is a member of a partnership that is a member of another partnership(a)is deemed to be a member of the other partnership; and(b)the person’s share of the income or loss of the other partnership is deemed to be equal to the amount of that income or loss to which the person is directly or indirectly entitled.Marginal note:Returns respecting foreign affiliates(4)A reporting entity for a taxation year or fiscal period shall file with the Minister for the year or period a return in prescribed form in respect of each foreign affiliate of the entity in the year or period within 10 months after the end of the year or period.
(a)a taxpayer resident in Canada (other than a taxpayer all of whose taxable income for the year is exempt from tax under Part I) of which a non-resident corporation is a foreign affiliate at any time in the year;(b)a taxpayer resident in Canada (other than a taxpayer all of whose taxable income for the year is exempt from tax under Part I) of which a non-resident trust is a foreign affiliate at any time in the year; and(c)a partnership(i)where the total of all amounts, each of which is a share of the partnership’s income or loss for the period of a member that is not resident in Canada or that is a taxpayer all of whose taxable income for the year in which the period ends is exempt from tax under Part I, is less than 90% of the income or loss of the partnership for the period, and, where the income and loss of the partnership are nil for the period, the income of the partnership for the period is deemed to be $1,000,000 for the purpose of determining a member’s share of the partnership’s income for the purpose of this subparagraph, and(ii)of which a non-resident corporation or trust is a foreign affiliate at any time in the fiscal period.
(i)where the total of all amounts, each of which is a share of the partnership’s income or loss for the period of a member that is not resident in Canada or that is a taxpayer all of whose taxable income for the year in which the period ends is exempt from tax under Part I, is less than 90% of the income or loss of the partnership for the period, and, where the income and loss of the partnership are nil for the period, the income of the partnership for the period is deemed to be $1,000,000 for the purpose of determining a member’s share of the partnership’s income for the purpose of this subparagraph, and(ii)of which a non-resident corporation or trust is a foreign affiliate at any time in the fiscal period.
(a)paragraph (b) of the definitionequity percentagein subsection 95(4) shall be read as if the reference to “any corporation” were a reference to “any corporation other than a corporation resident in Canada”;(b)the definitionsdirect equity percentageandequity percentagein subsection 95(4) shall be read as if a partnership were a person;(c)the definitionscontrolled foreign affiliateandforeign affiliatein subsection 95(1) shall be read as if a partnership were a taxpayer resident in Canada; and(d)if the taxpayer is a member of one or more partnerships described in subparagraph (1)(c)(i) of which a non-resident corporation or trust is a foreign affiliate, and the taxpayer does not have any direct or indirect interest (determined without reference to subsection 93.1(1)) in the non-resident corporation or trust other than through its interest in the partnerships, then the non-resident corporation or trust is deemed not to be a foreign affiliate of the taxpayer.
(a)is deemed to be a member of the other partnership; and(b)the person’s share of the income or loss of the other partnership is deemed to be equal to the amount of that income or loss to which the person is directly or indirectly entitled.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1997, c. 25, s. 692013, c. 34, s. 3542014, c. 39, s. 692018, c. 27, s. 25
(a)there is a reasonable disclosure in the return of the unavailability of the information;(b)before that day, the person or partnership exercised due diligence in attempting to obtain the information;(c)if the return is required to be filed under section 233.2 in respect of a trust, at the time of each transaction, if any, entered into by the person or partnership after March 5, 1996 and before June 23, 2000 that gave rise to the requirement to file a return for a taxation year of the trust that ended before 2007 or that affects the information to be reported in the return, it was reasonable to expect that sufficient information would be available to the person or partnership to comply with section 233.2 in respect of each taxation year of the trust that ended before 2007;(c.1)if the return is required to be filed under section 233.2, at the time of each contribution (determined with reference to subsection 233.2(2)) made by the person or partnership after June 22, 2000 that gives rise to the requirement to file the return or that affects the information to be reported in the return, it was reasonable to expect that sufficient information would be available to the person or partnership to comply with section 233.2;(c.2)if the return is required to be filed under section 233.4 by a person or partnership in respect of a corporation that is a controlled foreign affiliate for the purpose of that section of the person or partnership, at the time of each transaction, if any, entered into by the person or partnership after March 5, 1996 that gives rise to the requirement to file the return or that affects the information to be reported in the return, it was reasonable to expect that sufficient information would be available to the person or partnership to comply with section 233.4; and(d)if the information subsequently becomes available to the person or partnership, it is filed with the Minister not more than 90 days after it becomes so available.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1997, c. 25, s. 692013, c. 34, s. 23
233.6(1)Where a specified Canadian entity (as defined by subsection 233.3(1)) for a taxation year or fiscal period receives a distribution of property from, or is indebted to, a non-resident trust (other than a trust that was an excluded trust in respect of the year or period of the entity or an estate that arose on and as a consequence of the death of an individual) in the year or period and the entity is beneficially interested in the trust at any time in the year or period, the entity shall file with the Minister for the year or period a return in prescribed form on or before the day that is(a)where the entity is a partnership, the day on or before which a return is required by section 229 of theIncome Tax Regulationsto be filed in respect of the fiscal period of the partnership or would be required to be so filed if that section applied to the partnership; and(b)where the entity is not a partnership, the entity’s filing-due date for the year.Marginal note:Excluded trust defined(2)For the purpose of subsection 233.6(1), an excluded trust in respect of the taxation year or fiscal period of an entity means(a)a trust described in paragraph (a) or (b) of the definitionexempt trustin subsection 233.2(1) throughout the portion of the year or period during which the trust was extant;(b)a trust in respect of which the entity is required by section 233.2 to file a return in respect of each taxation year of the trust that ends in the entity’s year;(c)a trust an interest in which is at any time in the year or period specified foreign property (as defined by subsection 233.3(1)) of the entity, where the entity is a reporting entity (as defined by subsection 233.3(1)) for the year or period; and(d)a trust in respect of which the entity is required by section 233.4 to file a return for the year or period.
(a)where the entity is a partnership, the day on or before which a return is required by section 229 of theIncome Tax Regulationsto be filed in respect of the fiscal period of the partnership or would be required to be so filed if that section applied to the partnership; and(b)where the entity is not a partnership, the entity’s filing-due date for the year.
(a)a trust described in paragraph (a) or (b) of the definitionexempt trustin subsection 233.2(1) throughout the portion of the year or period during which the trust was extant;(b)a trust in respect of which the entity is required by section 233.2 to file a return in respect of each taxation year of the trust that ends in the entity’s year;(c)a trust an interest in which is at any time in the year or period specified foreign property (as defined by subsection 233.3(1)) of the entity, where the entity is a reporting entity (as defined by subsection 233.3(1)) for the year or period; and(d)a trust in respect of which the entity is required by section 233.4 to file a return for the year or period.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1997, c. 25, s. 69
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1997, c. 25, s. 69
233.8(1)The following definitions apply in this section.business entitybusiness entitymeans(a)a person (other than an individual that is not a trust) or partnership; and(b)a business that is carried on through a permanent establishment, if a separate financial statement for the business is prepared for financial reporting, regulatory, tax reporting or internal management control purposes. (entité)consolidated financial statementsconsolidated financial statementsmeans financial statements in which the assets, liabilities, income, expenses and cash flows of the members of a group are presented as those of a single economic entity. (états financiers consolidés)constituent entityconstituent entity, of an MNE group, means(a)any business entity of the MNE group that(i)is included in the consolidated financial statements of the MNE group for financial reporting purposes, or(ii)would be required to be included if equity interests in any of the business entities in the MNE group were traded on a public securities exchange; and(b)any business entity that is excluded from the MNE group’s consolidated financial statements solely because of size or materiality. (entité constitutive)excluded MNE groupexcluded MNE groupmeans two or more business entities that meet the conditions in paragraphs (a) and (b) of the definitionMNE group, if, with respect to a particular fiscal year of the MNE group, it has a total consolidated group revenue of less than €750 million during the fiscal year immediately preceding the particular fiscal year, as reflected in its consolidated financial statements for the preceding fiscal year. (groupe d’entreprises multinationales exclu)fiscal yearfiscal year, of an MNE group, means an annual accounting period with respect to which the ultimate parent entity of the MNE group prepares its financial statements. (exercice)multinational enterprise groupmultinational enterprise grouporMNE groupmeans two or more business entities, if(a)they are either required to prepare consolidated financial statements for financial reporting purposes under applicable accounting principles or would be so required if equity interests in any of the business entities were traded on a public securities exchange;(b)one of the business entities is resident in a particular jurisdiction and(i)another business entity resides in a different jurisdiction, or(ii)is subject to tax in a different jurisdiction with respect to a business carried on by it through a business entity — described in paragraph (b) of the definitionbusiness entity— in that other jurisdiction; and(c)they are not an excluded MNE group. (groupe d’entreprises multinationales)permanent establishmentpermanent establishmenthas the meaning assigned by regulation. (établissement stable)qualifying competent authority agreementqualifying competent authority agreementmeans an agreement that(a)is between authorized representatives of those jurisdictions that are parties to a listed international agreement; and(b)requires the automatic exchange of country-by-country reports between the party jurisdictions. (accord admissible)reporting fiscal yearreporting fiscal yearmeans a fiscal year, if the financial and operational results of the fiscal year are reflected in the country-by-country report. (exercice déclarable)surrogate parent entitysurrogate parent entitymeans a constituent entity of an MNE group that has been appointed by the MNE group — in substitution for the ultimate parent entity — to file the country-by-country report on behalf of the MNE group, if one or more of the conditions in subparagraph (3)(b)(ii) applies. (entité mère de substitution)systemic failuresystemic failuremeans, with respect to a jurisdiction, that the jurisdiction has a qualifying competent authority agreement in effect with Canada, but(a)has suspended automatic exchange (for reasons other than those that are in accordance with the terms of the agreement); or(b)has persistently failed to automatically provide country-by-country reports in its possession — in respect of MNE groups that have constituent entities in Canada — to Canada. (défaillance systémique)ultimate parent entityultimate parent entitymeans a constituent entity of an MNE group that meets the following conditions:(a)the constituent entity holds directly or indirectly a sufficient interest in one or more constituent entities of the MNE group so that it is required to prepare consolidated financial statements under accounting principles generally applied in its jurisdiction of residence, or would be so required if its equity interests were traded on a public securities exchange in its jurisdiction of residence; and(b)no other constituent entity of the MNE group holds, directly or indirectly, an interest in it that is described in paragraph (a). (entité mère ultime)Marginal note:Determination of residence — ultimate parent entity(2)For the purposes of this section, if an ultimate parent entity is a partnership, it is deemed to be resident(a)if it is, under the laws of another jurisdiction, resident in that other jurisdiction for tax purposes, in that other jurisdiction; and(b)in any other case, in the jurisdiction under the laws of which it was organized.Marginal note:Filing obligations(3)A report in prescribed form (this report, along with each substantially similar report required to be filed in a jurisdiction other than Canada, collectively referred to in this section as acountry-by-country report), in respect of a reporting fiscal year of an MNE group, shall be filed in prescribed manner with the Minister on or before the date specified in subsection (6) by(a)the ultimate parent entity of the MNE group, if it is resident in Canada in the reporting fiscal year; or(b)a constituent entity of the MNE group — which is not the ultimate parent entity of the MNE group — with respect to the reporting fiscal year of the MNE group, if the following conditions are satisfied:(i)the constituent entity is resident in Canada in the reporting fiscal year, and(ii)one of the following conditions applies:(A)the ultimate parent entity of the MNE group is not obligated to file a country-by-country report in its jurisdiction of residence,(B)the jurisdiction of residence of the ultimate parent entity of the MNE group does not have a qualifying competent authority agreement in effect to which Canada is a party on or before the time specified in subsection (6) for filing the country-by-country report for the reporting fiscal year, or(C)there has been a systemic failure of the jurisdiction of residence of the ultimate parent entity and the Minister has notified the constituent entity of the systemic failure.Marginal note:Designation for multiple constituent entities(4)If more than one constituent entity of an MNE group is described in paragraph (3)(b) in respect of a reporting fiscal year, one of those constituent entities may be designated — on or before the date specified in subsection (6) in respect of the reporting fiscal year — so that it is entitled to file a country-by-country report for the reporting fiscal year with the Minister on behalf of all such constituent entities in the MNE group.Marginal note:Surrogate filing(5)Notwithstanding subsection (3), a constituent entity of an MNE group described in paragraph (3)(b) is not required to file a country-by-country report with the Minister with respect to a reporting fiscal year if(a)a surrogate parent entity of the MNE group files a country-by-country report in respect of the reporting fiscal year with the tax authority of its jurisdiction of residence on or before the date specified in subsection (6); and(b)the jurisdiction of residence of the surrogate parent entity(i)requires filing of country-by-country reports,(ii)has a qualifying competent authority agreement in effect to which Canada is a party on or before the time specified in subsection (6) for filing the country-by-country report in respect of the reporting fiscal year,(iii)is not in a position of systemic failure, and(iv)has been notified by the surrogate parent entity that it is the surrogate parent entity.Marginal note:Time for filing(6)A country-by-country report in respect of a reporting fiscal year of an MNE group that is required to be filed by a constituent entity under this section shall be filed on or before the later of(a)if notification of systemic failure has been received by the constituent entity, 30 days after receipt of the notification, and(b)12 months after the last day of the reporting fiscal year.
(a)a person (other than an individual that is not a trust) or partnership; and(b)a business that is carried on through a permanent establishment, if a separate financial statement for the business is prepared for financial reporting, regulatory, tax reporting or internal management control purposes. (entité)
(a)any business entity of the MNE group that(i)is included in the consolidated financial statements of the MNE group for financial reporting purposes, or(ii)would be required to be included if equity interests in any of the business entities in the MNE group were traded on a public securities exchange; and(b)any business entity that is excluded from the MNE group’s consolidated financial statements solely because of size or materiality. (entité constitutive)
(i)is included in the consolidated financial statements of the MNE group for financial reporting purposes, or(ii)would be required to be included if equity interests in any of the business entities in the MNE group were traded on a public securities exchange; and
(a)they are either required to prepare consolidated financial statements for financial reporting purposes under applicable accounting principles or would be so required if equity interests in any of the business entities were traded on a public securities exchange;(b)one of the business entities is resident in a particular jurisdiction and(i)another business entity resides in a different jurisdiction, or(ii)is subject to tax in a different jurisdiction with respect to a business carried on by it through a business entity — described in paragraph (b) of the definitionbusiness entity— in that other jurisdiction; and(c)they are not an excluded MNE group. (groupe d’entreprises multinationales)
(i)another business entity resides in a different jurisdiction, or(ii)is subject to tax in a different jurisdiction with respect to a business carried on by it through a business entity — described in paragraph (b) of the definitionbusiness entity— in that other jurisdiction; and
(a)is between authorized representatives of those jurisdictions that are parties to a listed international agreement; and(b)requires the automatic exchange of country-by-country reports between the party jurisdictions. (accord admissible)
(a)has suspended automatic exchange (for reasons other than those that are in accordance with the terms of the agreement); or(b)has persistently failed to automatically provide country-by-country reports in its possession — in respect of MNE groups that have constituent entities in Canada — to Canada. (défaillance systémique)
(a)the constituent entity holds directly or indirectly a sufficient interest in one or more constituent entities of the MNE group so that it is required to prepare consolidated financial statements under accounting principles generally applied in its jurisdiction of residence, or would be so required if its equity interests were traded on a public securities exchange in its jurisdiction of residence; and(b)no other constituent entity of the MNE group holds, directly or indirectly, an interest in it that is described in paragraph (a). (entité mère ultime)
(a)if it is, under the laws of another jurisdiction, resident in that other jurisdiction for tax purposes, in that other jurisdiction; and(b)in any other case, in the jurisdiction under the laws of which it was organized.
(a)the ultimate parent entity of the MNE group, if it is resident in Canada in the reporting fiscal year; or(b)a constituent entity of the MNE group — which is not the ultimate parent entity of the MNE group — with respect to the reporting fiscal year of the MNE group, if the following conditions are satisfied:(i)the constituent entity is resident in Canada in the reporting fiscal year, and(ii)one of the following conditions applies:(A)the ultimate parent entity of the MNE group is not obligated to file a country-by-country report in its jurisdiction of residence,(B)the jurisdiction of residence of the ultimate parent entity of the MNE group does not have a qualifying competent authority agreement in effect to which Canada is a party on or before the time specified in subsection (6) for filing the country-by-country report for the reporting fiscal year, or(C)there has been a systemic failure of the jurisdiction of residence of the ultimate parent entity and the Minister has notified the constituent entity of the systemic failure.
(i)the constituent entity is resident in Canada in the reporting fiscal year, and(ii)one of the following conditions applies:(A)the ultimate parent entity of the MNE group is not obligated to file a country-by-country report in its jurisdiction of residence,(B)the jurisdiction of residence of the ultimate parent entity of the MNE group does not have a qualifying competent authority agreement in effect to which Canada is a party on or before the time specified in subsection (6) for filing the country-by-country report for the reporting fiscal year, or(C)there has been a systemic failure of the jurisdiction of residence of the ultimate parent entity and the Minister has notified the constituent entity of the systemic failure.
(A)the ultimate parent entity of the MNE group is not obligated to file a country-by-country report in its jurisdiction of residence,(B)the jurisdiction of residence of the ultimate parent entity of the MNE group does not have a qualifying competent authority agreement in effect to which Canada is a party on or before the time specified in subsection (6) for filing the country-by-country report for the reporting fiscal year, or(C)there has been a systemic failure of the jurisdiction of residence of the ultimate parent entity and the Minister has notified the constituent entity of the systemic failure.
(a)a surrogate parent entity of the MNE group files a country-by-country report in respect of the reporting fiscal year with the tax authority of its jurisdiction of residence on or before the date specified in subsection (6); and(b)the jurisdiction of residence of the surrogate parent entity(i)requires filing of country-by-country reports,(ii)has a qualifying competent authority agreement in effect to which Canada is a party on or before the time specified in subsection (6) for filing the country-by-country report in respect of the reporting fiscal year,(iii)is not in a position of systemic failure, and(iv)has been notified by the surrogate parent entity that it is the surrogate parent entity.
(i)requires filing of country-by-country reports,(ii)has a qualifying competent authority agreement in effect to which Canada is a party on or before the time specified in subsection (6) for filing the country-by-country report in respect of the reporting fiscal year,(iii)is not in a position of systemic failure, and(iv)has been notified by the surrogate parent entity that it is the surrogate parent entity.
(a)if notification of systemic failure has been received by the constituent entity, 30 days after receipt of the notification, and(b)12 months after the last day of the reporting fiscal year.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]2016, c. 12, s. 61
234(1)Before the bearer coupon or warrant representing either interest or dividends payable by any debtor or cheque representing dividends or interest payable by a non-resident debtor is negotiated by or on behalf of a resident of Canada, there shall be completed by or on behalf of the resident an ownership certificate in prescribed form.Marginal note:Idem(2)An ownership certificate completed pursuant to subsection 234(1) shall be delivered in such manner, at such time and at such place as may be prescribed.Marginal note:Idem(3)The operation of this section may be extended by regulation to bearer coupons or warrants negotiated by or on behalf of non-resident persons.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1970-71-72, c. 63, s. 1 “234”1976-77, c. 4, s. 751980-81-82-83, c. 48, s. 1061985, c. 45, s. 126(F)1988, c. 55, s. 177
(a)0.0005% of the corporation’s taxable capital employed in Canada at the end of the taxation year, and(b)0.25% of the tax that would be payable under Part VI by the corporation for the year if this Act were read without reference to subsection 190.1(3); and
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1994, c. 7, Sch