VIII, s. 117, c. 21, s. 921995, c. 3, s. 491996, c. 21, s. 511998, c. 19, s. 492000, c. 12, s. 1422012, c. 31, s. 432017, c. 33, s. 65
204.3(1)Within 90 days after the end of each year after 1975, a taxpayer to whom this Part applies shall(a)file with the Minister a return for the year under this Part in prescribed form and containing prescribed information, without notice or demand therefor;(b)estimate in the return the amount of tax, if any, payable by the taxpayer under this Part in respect of each month in the year; and(c)pay to the Receiver General the amount of tax, if any, payable by the taxpayer under this Part in respect of each month in the year.Marginal note:Provisions applicable to Part(2)Subsections 150(2) and 150(3), sections 152 and 158, subsections 161(1) and 161(11), sections 162 to 167 and Division J of Part I are applicable to this Part with such modifications as the circumstances require.
(a)file with the Minister a return for the year under this Part in prescribed form and containing prescribed information, without notice or demand therefor;(b)estimate in the return the amount of tax, if any, payable by the taxpayer under this Part in respect of each month in the year; and(c)pay to the Receiver General the amount of tax, if any, payable by the taxpayer under this Part in respect of each month in the year.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1976-77, c. 4, s. 691980-81-82-83, c. 48, s. 1151985, c. 45, s. 126(F)1986, c. 6, s. 106
204.4(1)In this Part,registered investmentmeans a trust or a corporation that has applied in prescribed form as of a particular date in the year of application and has been accepted by the Minister as of that date as a registered investment for one or more of the following:(a)registered retirement savings plans,(c)registered retirement income funds, and(d)deferred profit sharing plansand that has not been notified by the Minister that it is no longer registered under this Part.Marginal note:Acceptance of applicant for registration(2)The Minister may accept for registration for the purposes of this Part any applicant that is(a)a trust that has as its sole trustee a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee if, on the particular date referred to in subsection 204.4(1),(i)all the property of the applicant is held in trust for the benefit of not fewer than 20 beneficiaries and(A)not fewer than 20 beneficiaries are taxpayers described in any of paragraphs 149(1)(o) to (o.2), (o.4) or (s), or(B)not fewer than 100 beneficiaries are taxpayers described in paragraph 149(1)(r) or (x),(ii)the total of(A)the fair market value at the time of acquisition of its(I)shares, marketable securities and cash, and(II)bonds, debentures, mortgages, hypothecary claims, notes and other similar obligations, and(B)the amount by which the fair market value at the time of acquisition of its real or immovable property that may reasonably be regarded as being held for the purpose of producing income from property exceeds the total of all amounts each of which is owing by it on account of its acquisition of the real or immovable propertyis not less than 80% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is owing by it on account of its acquisition of real or immovable property,(iii)the fair market value at the time of acquisition of its shares, bonds, mortgages, hypothecary claims and other securities of any one corporation or debtor (other than bonds, mortgages, hypothecary claims and other securities of or guaranteed by Her Majesty in right of Canada or a province or Canadian municipality) is not more than 10% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is an amount owing by it on account of its acquisition of real or immovable property,(iv)the amount by which(A)the fair market value at the time of acquisition of any one of its real or immovable propertiesexceeds(B)the total of all amounts each of which is owing by it on account of its acquisition of the real or immovable propertyis not more than 10% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is owing by it on account of its acquisition of real or immovable property,(v)not less than 95% of the income of the applicant for its most recently completed fiscal period, or where no such period exists, that part of its current fiscal period before the particular date, was derived from investments described in subparagraph 204.4(2)(a)(ii),(vi)the total value of all interests in the applicant owned by all trusts or corporations described in any of paragraphs 149(1)(o) to (o.2), (o.4) or (s) to which any one employer, either alone or together with persons with whom the employer was not dealing at arm’s length, has made contributions does not exceed 25% of the value of all its property,(vii)the total value of all interests in the applicant owned by all trusts described in paragraph 149(1)(r) or (x) to which any one taxpayer, either alone or together with persons with whom the taxpayer was not dealing at arm’s length, has made contributions does not exceed 25% of the value of all its property, and(viii)the applicant does not hold property acquired by it after May 26, 1975 that is(A)a mortgage or hypothecary claim (other than a mortgage or hypothecary claim insured under theNational Housing Actor by a corporation that offers its services to the public in Canada as an insurer of mortgages or hypothecary claims and that is approved as a private insurer of mortgages or hypothecary claims by the Superintendent of Financial Institutions pursuant to the powers assigned to the Superintendent under subsection 6(1) of theOffice of the Superintendent of Financial Institutions Act), or an interest therein, or for civil law a right therein, in respect of which the mortgagor or hypothecary debtor is the annuitant under a registered retirement savings plan or registered retirement income fund, or a person with whom the annuitant is not dealing at arm’s length, if any of the funds of a trust governed by such a plan or fund have been used to acquire an interest in the applicant, or(B)a bond, debenture, note or similar obligation issued by a cooperative corporation (within the meaning assigned by subsection 136(2)) or a credit union that has granted any benefit or privilege to any annuitant or beneficiary under a plan or fund referred to in subsection 204.4(1) that is dependent on or related to(I)ownership by a trust governed by any such plan or fund of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union, or(II)ownership by the applicant of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union if the trust governed by any such plan or fund has used any of its funds to acquire an interest in the applicant;(b)a trust that(i)would be a trust described in paragraph 204.4(2)(a) if that paragraph were read without reference to subparagraphs 204.4(2)(a)(i), 204.4(2)(a)(vi) and 204.4(2)(a)(vii), and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration;(c)a mutual fund trust;(d)a trust that(i)would be a mutual fund trust if paragraph 132(6)(c) were not applicable, and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration;(e)a mutual fund corporation or investment corporation; or(f)a corporation that(i)would be a mutual fund corporation or investment corporation if it could have elected to be a public corporation under paragraph (b) of the definitionpublic corporationin subsection 89(1) had the conditions prescribed therefor required only that a class of shares of its capital stock be qualified for distribution to the public, and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration.Marginal note:Revocation of registration(3)The Minister shall notify a registered investment that it is no longer registered(a)on being satisfied that, at a date subsequent to its registration date, it no longer satisfies one or more of the conditions necessary for it to be acceptable for registration under this Part, other than a condition the failure of which to satisfy would make it liable for tax under section 204.6; or(b)within 30 days after receipt of a request in prescribed form from the registered investment for termination of its registration.Marginal note:Suspension of revocation(4)Notwithstanding a notification to a taxpayer under subsection (3), for the purposes of sections 204.6 and 204.7, the taxpayer is deemed to be a registered investment for each month or part of a month after the notification during which an interest in, or a share of the capital stock of, the taxpayer continues, by virtue of having been a registered investment, to be a qualified investment for a plan or fund referred to in subsection (1).Marginal note:Cancellation of revocation(5)Where a registered investment has been notified pursuant to paragraph 204.4(3)(a) and within 3 months from the date of notification it satisfies the Minister that it is acceptable for registration under this Part, the Minister may declare the notification to be a nullity.Marginal note:Successor trust(6)Where at any time in a year a particular trust described in paragraph 204.4(2)(a) or 204.4(2)(b) has substantially the same beneficiaries and can reasonably be regarded as being a continuation of another trust that was a registered investment in the year or the immediately preceding year, for the purposes of this Part, the particular trust shall be deemed to be the same trust as the other trust.Marginal note:Deemed registration of registered investment(7)Where at the end of any month a registered investment could qualify for acceptance at that time under subsection 204.4(2), it shall be deemed for the purposes of section 204.6 to have been registered under the first of the following paragraphs under which it is registrable regardless of the paragraph under which it was accepted for registration by the Minister:(a)paragraph 204.4(2)(c) or 204.4(2)(e), as the case may be;(b)paragraph 204.4(2)(a);(c)paragraph 204.4(2)(d) or 204.4(2)(f), as the case may be; and(d)paragraph 204.4(2)(b).
(a)registered retirement savings plans,(c)registered retirement income funds, and(d)deferred profit sharing plans
(a)a trust that has as its sole trustee a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee if, on the particular date referred to in subsection 204.4(1),(i)all the property of the applicant is held in trust for the benefit of not fewer than 20 beneficiaries and(A)not fewer than 20 beneficiaries are taxpayers described in any of paragraphs 149(1)(o) to (o.2), (o.4) or (s), or(B)not fewer than 100 beneficiaries are taxpayers described in paragraph 149(1)(r) or (x),(ii)the total of(A)the fair market value at the time of acquisition of its(I)shares, marketable securities and cash, and(II)bonds, debentures, mortgages, hypothecary claims, notes and other similar obligations, and(B)the amount by which the fair market value at the time of acquisition of its real or immovable property that may reasonably be regarded as being held for the purpose of producing income from property exceeds the total of all amounts each of which is owing by it on account of its acquisition of the real or immovable propertyis not less than 80% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is owing by it on account of its acquisition of real or immovable property,(iii)the fair market value at the time of acquisition of its shares, bonds, mortgages, hypothecary claims and other securities of any one corporation or debtor (other than bonds, mortgages, hypothecary claims and other securities of or guaranteed by Her Majesty in right of Canada or a province or Canadian municipality) is not more than 10% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is an amount owing by it on account of its acquisition of real or immovable property,(iv)the amount by which(A)the fair market value at the time of acquisition of any one of its real or immovable propertiesexceeds(B)the total of all amounts each of which is owing by it on account of its acquisition of the real or immovable propertyis not more than 10% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is owing by it on account of its acquisition of real or immovable property,(v)not less than 95% of the income of the applicant for its most recently completed fiscal period, or where no such period exists, that part of its current fiscal period before the particular date, was derived from investments described in subparagraph 204.4(2)(a)(ii),(vi)the total value of all interests in the applicant owned by all trusts or corporations described in any of paragraphs 149(1)(o) to (o.2), (o.4) or (s) to which any one employer, either alone or together with persons with whom the employer was not dealing at arm’s length, has made contributions does not exceed 25% of the value of all its property,(vii)the total value of all interests in the applicant owned by all trusts described in paragraph 149(1)(r) or (x) to which any one taxpayer, either alone or together with persons with whom the taxpayer was not dealing at arm’s length, has made contributions does not exceed 25% of the value of all its property, and(viii)the applicant does not hold property acquired by it after May 26, 1975 that is(A)a mortgage or hypothecary claim (other than a mortgage or hypothecary claim insured under theNational Housing Actor by a corporation that offers its services to the public in Canada as an insurer of mortgages or hypothecary claims and that is approved as a private insurer of mortgages or hypothecary claims by the Superintendent of Financial Institutions pursuant to the powers assigned to the Superintendent under subsection 6(1) of theOffice of the Superintendent of Financial Institutions Act), or an interest therein, or for civil law a right therein, in respect of which the mortgagor or hypothecary debtor is the annuitant under a registered retirement savings plan or registered retirement income fund, or a person with whom the annuitant is not dealing at arm’s length, if any of the funds of a trust governed by such a plan or fund have been used to acquire an interest in the applicant, or(B)a bond, debenture, note or similar obligation issued by a cooperative corporation (within the meaning assigned by subsection 136(2)) or a credit union that has granted any benefit or privilege to any annuitant or beneficiary under a plan or fund referred to in subsection 204.4(1) that is dependent on or related to(I)ownership by a trust governed by any such plan or fund of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union, or(II)ownership by the applicant of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union if the trust governed by any such plan or fund has used any of its funds to acquire an interest in the applicant;(b)a trust that(i)would be a trust described in paragraph 204.4(2)(a) if that paragraph were read without reference to subparagraphs 204.4(2)(a)(i), 204.4(2)(a)(vi) and 204.4(2)(a)(vii), and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration;(c)a mutual fund trust;(d)a trust that(i)would be a mutual fund trust if paragraph 132(6)(c) were not applicable, and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration;(e)a mutual fund corporation or investment corporation; or(f)a corporation that(i)would be a mutual fund corporation or investment corporation if it could have elected to be a public corporation under paragraph (b) of the definitionpublic corporationin subsection 89(1) had the conditions prescribed therefor required only that a class of shares of its capital stock be qualified for distribution to the public, and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration.
(i)all the property of the applicant is held in trust for the benefit of not fewer than 20 beneficiaries and(A)not fewer than 20 beneficiaries are taxpayers described in any of paragraphs 149(1)(o) to (o.2), (o.4) or (s), or(B)not fewer than 100 beneficiaries are taxpayers described in paragraph 149(1)(r) or (x),(ii)the total of(A)the fair market value at the time of acquisition of its(I)shares, marketable securities and cash, and(II)bonds, debentures, mortgages, hypothecary claims, notes and other similar obligations, and(B)the amount by which the fair market value at the time of acquisition of its real or immovable property that may reasonably be regarded as being held for the purpose of producing income from property exceeds the total of all amounts each of which is owing by it on account of its acquisition of the real or immovable propertyis not less than 80% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is owing by it on account of its acquisition of real or immovable property,(iii)the fair market value at the time of acquisition of its shares, bonds, mortgages, hypothecary claims and other securities of any one corporation or debtor (other than bonds, mortgages, hypothecary claims and other securities of or guaranteed by Her Majesty in right of Canada or a province or Canadian municipality) is not more than 10% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is an amount owing by it on account of its acquisition of real or immovable property,(iv)the amount by which(A)the fair market value at the time of acquisition of any one of its real or immovable propertiesexceeds(B)the total of all amounts each of which is owing by it on account of its acquisition of the real or immovable propertyis not more than 10% of the amount by which the fair market value at the time of acquisition of all its property exceeds the total of all amounts each of which is owing by it on account of its acquisition of real or immovable property,(v)not less than 95% of the income of the applicant for its most recently completed fiscal period, or where no such period exists, that part of its current fiscal period before the particular date, was derived from investments described in subparagraph 204.4(2)(a)(ii),(vi)the total value of all interests in the applicant owned by all trusts or corporations described in any of paragraphs 149(1)(o) to (o.2), (o.4) or (s) to which any one employer, either alone or together with persons with whom the employer was not dealing at arm’s length, has made contributions does not exceed 25% of the value of all its property,(vii)the total value of all interests in the applicant owned by all trusts described in paragraph 149(1)(r) or (x) to which any one taxpayer, either alone or together with persons with whom the taxpayer was not dealing at arm’s length, has made contributions does not exceed 25% of the value of all its property, and(viii)the applicant does not hold property acquired by it after May 26, 1975 that is(A)a mortgage or hypothecary claim (other than a mortgage or hypothecary claim insured under theNational Housing Actor by a corporation that offers its services to the public in Canada as an insurer of mortgages or hypothecary claims and that is approved as a private insurer of mortgages or hypothecary claims by the Superintendent of Financial Institutions pursuant to the powers assigned to the Superintendent under subsection 6(1) of theOffice of the Superintendent of Financial Institutions Act), or an interest therein, or for civil law a right therein, in respect of which the mortgagor or hypothecary debtor is the annuitant under a registered retirement savings plan or registered retirement income fund, or a person with whom the annuitant is not dealing at arm’s length, if any of the funds of a trust governed by such a plan or fund have been used to acquire an interest in the applicant, or(B)a bond, debenture, note or similar obligation issued by a cooperative corporation (within the meaning assigned by subsection 136(2)) or a credit union that has granted any benefit or privilege to any annuitant or beneficiary under a plan or fund referred to in subsection 204.4(1) that is dependent on or related to(I)ownership by a trust governed by any such plan or fund of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union, or(II)ownership by the applicant of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union if the trust governed by any such plan or fund has used any of its funds to acquire an interest in the applicant;
(A)not fewer than 20 beneficiaries are taxpayers described in any of paragraphs 149(1)(o) to (o.2), (o.4) or (s), or(B)not fewer than 100 beneficiaries are taxpayers described in paragraph 149(1)(r) or (x),
(A)the fair market value at the time of acquisition of its(I)shares, marketable securities and cash, and(II)bonds, debentures, mortgages, hypothecary claims, notes and other similar obligations, and(B)the amount by which the fair market value at the time of acquisition of its real or immovable property that may reasonably be regarded as being held for the purpose of producing income from property exceeds the total of all amounts each of which is owing by it on account of its acquisition of the real or immovable property
(I)shares, marketable securities and cash, and(II)bonds, debentures, mortgages, hypothecary claims, notes and other similar obligations, and
(A)the fair market value at the time of acquisition of any one of its real or immovable properties
(B)the total of all amounts each of which is owing by it on account of its acquisition of the real or immovable property
(A)a mortgage or hypothecary claim (other than a mortgage or hypothecary claim insured under theNational Housing Actor by a corporation that offers its services to the public in Canada as an insurer of mortgages or hypothecary claims and that is approved as a private insurer of mortgages or hypothecary claims by the Superintendent of Financial Institutions pursuant to the powers assigned to the Superintendent under subsection 6(1) of theOffice of the Superintendent of Financial Institutions Act), or an interest therein, or for civil law a right therein, in respect of which the mortgagor or hypothecary debtor is the annuitant under a registered retirement savings plan or registered retirement income fund, or a person with whom the annuitant is not dealing at arm’s length, if any of the funds of a trust governed by such a plan or fund have been used to acquire an interest in the applicant, or(B)a bond, debenture, note or similar obligation issued by a cooperative corporation (within the meaning assigned by subsection 136(2)) or a credit union that has granted any benefit or privilege to any annuitant or beneficiary under a plan or fund referred to in subsection 204.4(1) that is dependent on or related to(I)ownership by a trust governed by any such plan or fund of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union, or(II)ownership by the applicant of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union if the trust governed by any such plan or fund has used any of its funds to acquire an interest in the applicant;
(I)ownership by a trust governed by any such plan or fund of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union, or(II)ownership by the applicant of shares, bonds, debentures, notes or similar obligations of the cooperative corporation or credit union if the trust governed by any such plan or fund has used any of its funds to acquire an interest in the applicant;
(i)would be a trust described in paragraph 204.4(2)(a) if that paragraph were read without reference to subparagraphs 204.4(2)(a)(i), 204.4(2)(a)(vi) and 204.4(2)(a)(vii), and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration;
(i)would be a mutual fund trust if paragraph 132(6)(c) were not applicable, and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration;
(i)would be a mutual fund corporation or investment corporation if it could have elected to be a public corporation under paragraph (b) of the definitionpublic corporationin subsection 89(1) had the conditions prescribed therefor required only that a class of shares of its capital stock be qualified for distribution to the public, and(ii)holds only prescribed investments for the type of plan or fund in respect of which it has applied for registration.
(a)on being satisfied that, at a date subsequent to its registration date, it no longer satisfies one or more of the conditions necessary for it to be acceptable for registration under this Part, other than a condition the failure of which to satisfy would make it liable for tax under section 204.6; or(b)within 30 days after receipt of a request in prescribed form from the registered investment for termination of its registration.
(a)paragraph 204.4(2)(c) or 204.4(2)(e), as the case may be;(b)paragraph 204.4(2)(a);(c)paragraph 204.4(2)(d) or 204.4(2)(f), as the case may be; and(d)paragraph 204.4(2)(b).
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 204.42001, c. 17, s. 2242005, c. 30, s. 122013, c. 34, s. 154
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1980-81-82-83, c. 48, s. 94
204.6(1)If at the end of any month a taxpayer that is a registered investment described in paragraph 204.4(2)(b), (d) or (f) holds property that is not a prescribed investment for that taxpayer, it shall, in respect of that month, pay a tax under this Part equal to the total of all amounts each of which is an amount determined in respect of such a property by the formula0.01(A × B ÷ C)whereAis the fair market value of the property at the time of its acquisition by the taxpayer;Bis the total number of units or shares of the capital stock of the registered investment held at the end of the month by one or more(a)trusts that are governed by any of a FHSA, RDSP, RESP, RRIF, RRSP, TFSA or deferred profit sharing plan, or(b)registered investments described in paragraph 204.4(2)(b), (d) or (f); andCis the total number of issued units or issued and outstanding shares of the capital stock of the registered investment at the end of the month.Marginal note:Tax payable(2)Where at the end of any month a taxpayer that is a registered investment described in paragraph 204.4(2)(a) or (b) holds property that is a share, bond, mortgage, hypothecary claim or other security of a corporation or debtor (other than bonds, mortgages, hypothecary claims and other securities of or guaranteed by Her Majesty in right of Canada or a province or Canadian municipality), it shall, in respect of that month, pay a tax under this Part equal to 1% of the amount, if any, by which(a)the total of all amounts each of which is the fair market value of such a property at the time of its acquisitionexceeds(b)10% of the amount by which(i)the total of all amounts each of which is the fair market value, at the time of acquisition, of one of its propertiesexceeds(ii)the total of all amounts each of which is an amount owing by the trust at the end of the month in respect of the acquisition of real property or immovables.Marginal note:Tax payable — real property or immovables(3)If at the end of any month a taxpayer that is a registered investment described in paragraph 204.4(2)(a) holds real or immovable property, it shall, in respect of that month, pay a tax under this Part equal to 1% of the total of all amounts each of which is the amount by which the excess of(a)the fair market value at the time of its acquisition of any one real or immovable property of the taxpayerover(b)the total of all amounts each of which was an amount owing by it at the end of the month on account of its acquisition of the real or immovable propertywas greater than 10% of the amount by which the total of all amounts each of which is the fair market value at the time of its acquisition of a property held by it at the end of the month exceeds the total of all amounts each of which was an amount owing by it at the end of the month on account of its acquisition of real or immovable property.
(a)trusts that are governed by any of a FHSA, RDSP, RESP, RRIF, RRSP, TFSA or deferred profit sharing plan, or(b)registered investments described in paragraph 204.4(2)(b), (d) or (f); and
(a)the total of all amounts each of which is the fair market value of such a property at the time of its acquisition
(b)10% of the amount by which(i)the total of all amounts each of which is the fair market value, at the time of acquisition, of one of its propertiesexceeds(ii)the total of all amounts each of which is an amount owing by the trust at the end of the month in respect of the acquisition of real property or immovables.
(i)the total of all amounts each of which is the fair market value, at the time of acquisition, of one of its properties
(ii)the total of all amounts each of which is an amount owing by the trust at the end of the month in respect of the acquisition of real property or immovables.
(a)the fair market value at the time of its acquisition of any one real or immovable property of the taxpayer
(b)the total of all amounts each of which was an amount owing by it at the end of the month on account of its acquisition of the real or immovable property
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 204.62001, c. 17, s. 2252013, c. 34, s. 1552022, c. 19, s. 49
204.7(1)Within 90 days from the end of each taxation year commencing after 1980, a registered investment shall(a)file with the Minister a return for the year under this Part in prescribed form and containing prescribed information, without notice or demand therefor;(b)estimate in the return the amount of tax, if any, payable by it under this Part for the year; and(c)pay to the Receiver General the amount of tax, if any, payable by it under this Part for the year.Marginal note:Liability of trustee(2)Where the trustee of a registered investment that is liable to pay tax under this Part does not remit to the Receiver General the amount of the tax within the time specified in subsection 204.7(1), the trustee is personally liable to pay on behalf of the registered investment the full amount of the tax and is entitled to recover from the registered investment any amount paid by the trustee as tax under this section.Marginal note:Provisions applicable to Part(3)Subsections 150(2) and 150(3), sections 152 and 158, subsections 161(1) and 161(11), sections 162 to 167 and Division J of Part I are applicable to this Part with such modifications as the circumstances require.
(a)file with the Minister a return for the year under this Part in prescribed form and containing prescribed information, without notice or demand therefor;(b)estimate in the return the amount of tax, if any, payable by it under this Part for the year; and(c)pay to the Receiver General the amount of tax, if any, payable by it under this Part for the year.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1980-81-82-83, c. 48, s. 941985, c. 45, s. 126(F)1986, c. 6, s. 108
204.8(1)In this Part,annuitantannuitanthas the meaning assigned by subsection 146(1); (rentier)eligible business entityeligible business entity, at any time, means a particular entity that is(a)a prescribed corporation, or(b)a Canadian partnership or a taxable Canadian corporation, all or substantially all of the fair market value of the property of which is, at that time, attributable to(i)property used in a specified active business carried on by the particular entity or by a corporation controlled by the particular entity,(ii)shares of the capital stock or debt obligations of one or more entities that, at that time, are eligible business entities related to the particular entity, or(iii)any combination of properties described in subparagraph (i) or (ii); (entreprise admissible)eligible investmenteligible investmentof a particular corporation means(a)a share that was issued to the particular corporation and that is a share of the capital stock of a corporation that was an eligible business entity at the time the share was issued,(b)a particular debt obligation that was issued to the particular corporation by an entity that was an eligible business entity at the time the particular debt obligation was issued where(i)the entity is not restricted by the terms of the particular debt obligation or by the terms of any agreement related to that obligation from incurring other debts,(ii)the particular debt obligation, if secured, is secured solely by a floating charge on the assets of the entity or by a guarantee referred to in paragraph (c), and(iii)the particular debt obligation, by its terms or any agreement relating to that obligation, is subordinate to all other debt obligations of the entity, except that, where the entity is a corporation, the particular debt obligation need not be subordinate to(A)a debt obligation, issued by the entity, that is prescribed to be a small business security, or(B)a debt obligation owing to a shareholder of the entity or to a person related to any such shareholder,(c)a guarantee provided by the particular corporation in respect of a debt obligation that would, if the debt obligation had been issued to the particular corporation at the time the guarantee was provided, have been at that time an eligible investment because of paragraph (b), or(d)an option or a right granted by an eligible business entity that is a corporation, in conjunction with the issue of a share or debt obligation that is an eligible investment, to acquire a share of the capital stock of the eligible business entity that would be an eligible investment if that share were issued at the time that the option or right was granted,if the following conditions are satisfied:(e)immediately after the time the share or debt obligation was issued, the guarantee was provided or the option or right was granted, as the case may be, the total of the costs to the particular corporation of all shares, options, rights and debt obligations of the eligible business entity and all corporations related to it and 25% of the amount of all guarantees provided by the particular corporation in respect of debt obligations of the eligible business entity and the related corporations does not exceed the lesser of $15,000,000 and 10% of the shareholders’ equity in the particular corporation, determined in accordance with generally accepted accounting principles, on a cost basis and without taking into account any unrealized gains or losses on the investments of the particular corporation, and(f)immediately before the time the share or debt obligation was issued, the guarantee was provided or the option or right was granted, as the case may be,(i)the carrying value of the total assets of the eligible business entity and all corporations (other than prescribed labour-sponsored venture capital corporations) related to it (determined in accordance with generally accepted accounting principles on a consolidated or combined basis, where applicable) did not exceed $50,000,000, and(ii)the total of(A)the number of employees of the eligible business entity and all corporations related to it who normally work at least 20 hours per week for the entity and the related corporations, and(B)1/2 of the number of other employees of the entity and the related corporations,did not exceed 500;(g)[Repealed, 1998, c. 19, s. 51(1)](placement admissible)eligible labour bodyeligible labour bodymeans a trade union, as defined in the Canada Labour Code, that represents employees in more than one province, or an organization that is composed of 2 or more such unions; (organisme syndical admissible)labour-sponsored funds tax creditlabour-sponsored funds tax credit[Repealed, 1997, c. 25, s. 55(1)]national central labour bodynational central labour body[Repealed, 1994, c. 7, Sch