VIII, s. 30]Marginal note:Artificial transactions(11)Notwithstanding any other provision of this Act, sections 74.1 to 74.4 do not apply to a transfer or loan of property where it may reasonably be concluded that one of the main reasons for the transfer or loan was to reduce the amount of tax that would, but for this subsection, be payable under this Part on the income and gains derived from the property or from property substituted therefor.Marginal note:Where ss. 74.1 to 74.3 do not apply(12)Sections 74.1, 74.2 and 74.3 do not apply in respect of a transfer by an individual of property(a)as a payment of a premium under a registered retirement savings plan under which the individual’s spouse or common-law partner is, immediately after the transfer, the annuitant (within the meaning of subsection 146(1)) to the extent that the premium is deductible in computing the income of the individual for a taxation year;(a.1)[Repealed, 2011, c. 24, s. 17](a.2)as a payment of a contribution under a registered disability savings plan;(b)as or on account of an amount paid by the individual to another individual who is the individual’s spouse or common-law partner or a person who was under 18 years of age in a taxation year and who(i)does not deal with the individual at arm’s length, or(ii)is the niece or nephew of the individual,that is deductible in computing the individual’s income for the year and is required to be included in computing the income of the other individual;(c)to the individual’s spouse or common-law partner,(i)while the property, or property substituted for it, is held under a TFSA of which the spouse or common-law partner is the holder, and(ii)to the extent that the spouse or common-law partner does not, at the time of the contribution of the property under the TFSA, have an excess TFSA amount (as defined in subsection 207.01(1)); or(d)as a payment of a contribution under a FHSA.Marginal note:Exception from attribution rules(13)Subsections 74.1(1) and (2), 74.3(1) and 75(2) of this Act and section 74 of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, do not apply to any amount that is included in computing a specified individual’s split income for a taxation year.
(a)at the time of the transfer the fair market value of the transferred property did not exceed the fair market value of the property received by the transferor as consideration for the transferred property;(b)where the consideration received by the transferor included indebtedness,(i)interest was charged on the indebtedness at a rate equal to or greater than the lesser of(A)the prescribed rate that was in effect at the time the indebtedness was incurred, and(B)the rate that would, having regard to all the circumstances, have been agreed on, at the time the indebtedness was incurred, between parties dealing with each other at arm’s length,(ii)the amount of interest that was payable in respect of the particular year in respect of the indebtedness was paid not later than 30 days after the end of the particular year, and(iii)the amount of interest that was payable in respect of each taxation year preceding the particular year in respect of the indebtedness was paid not later than 30 days after the end of each such taxation year; and(c)where the property was transferred to or for the benefit of the transferor’s spouse or common-law partner, the transferor elected in the transferor’s return of income under this Part for the taxation year in which the property was transferred not to have the provisions of subsection 73(1) apply.
(i)interest was charged on the indebtedness at a rate equal to or greater than the lesser of(A)the prescribed rate that was in effect at the time the indebtedness was incurred, and(B)the rate that would, having regard to all the circumstances, have been agreed on, at the time the indebtedness was incurred, between parties dealing with each other at arm’s length,(ii)the amount of interest that was payable in respect of the particular year in respect of the indebtedness was paid not later than 30 days after the end of the particular year, and(iii)the amount of interest that was payable in respect of each taxation year preceding the particular year in respect of the indebtedness was paid not later than 30 days after the end of each such taxation year; and
(A)the prescribed rate that was in effect at the time the indebtedness was incurred, and(B)the rate that would, having regard to all the circumstances, have been agreed on, at the time the indebtedness was incurred, between parties dealing with each other at arm’s length,
(a)interest was charged on the loan at a rate equal to or greater than the lesser of(i)the prescribed rate that was in effect at the time the loan was made, and(ii)the rate that would, having regard to all the circumstances, have been agreed on, at the time the loan was made, between parties dealing with each other at arm’s length;(b)the amount of interest that was payable in respect of the particular year in respect of the loan was paid not later than 30 days after the end of the particular year; and(c)the amount of interest that was payable in respect of each taxation year preceding the particular year in respect of the loan was paid not later than 30 days after the end of each such taxation year.
(i)the prescribed rate that was in effect at the time the loan was made, and(ii)the rate that would, having regard to all the circumstances, have been agreed on, at the time the loan was made, between parties dealing with each other at arm’s length;
(a)subsection 74.1(1) does not apply with respect to any income or loss from the property, or property substituted therefor, that relates to the period throughout which the individual is living separate and apart from that person by reason of a breakdown of their marriage or common-law partnership; and(b)section 74.2 does not apply to a disposition of the property, or property substituted therefor, occurring at any time while the individual is living separate and apart from that person because of a breakdown of their marriage or common-law partnership, if an election completed jointly with that person not to have that section apply is filed with the individual’s return of income under this Part for the taxation year that includes that time or for any preceding taxation year.
(a)who is the spouse or common-law partner of the individual; or(b)who is under 18 years of age and who(i)does not deal with the individual at arm’s length, or(ii)is the niece or nephew of the individual.
(i)does not deal with the individual at arm’s length, or(ii)is the niece or nephew of the individual.
(a)to another person and that property, or property substituted therefor, is lent or transferred by any person (in this subsection referred to as a “third party”) directly or indirectly to or for the benefit of a specified person with respect to the individual, or(b)to another person on condition that property be lent or transferred by any person (in this subsection referred to as a “third party”) directly or indirectly to or for the benefit of a specified person with respect to the individual,
(c)for the purposes of sections 74.1, 74.2, 74.3 and 74.4, the property lent or transferred by the third party shall be deemed to have been lent or transferred, as the case may be, by the individual to or for the benefit of the specified person, and(d)for the purposes of subsection 74.5(1), the consideration received by the third party for the transfer of the property shall be deemed to have been received by the individual.
(a)for the purposes of sections 74.1, 74.2, 74.3 and 74.4, the property lent by the third party shall be deemed to have been lent by the individual to or for the benefit of the specified person; and(b)for the purposes of paragraphs 74.5(2)(b) and (c), the amount of interest that is paid in respect of the loan shall be deemed not to include any amount paid by the individual to the third party as interest on the loan.
(a)a designated person in respect of the individual; or(b)a corporation, other than a small business corporation, of which a designated person in respect of the individual would have been a specified shareholder if the definitionspecified shareholderin subsection 248(1) were read without reference to paragraphs (a) and (d) of that definition.
(a)as a payment of a premium under a registered retirement savings plan under which the individual’s spouse or common-law partner is, immediately after the transfer, the annuitant (within the meaning of subsection 146(1)) to the extent that the premium is deductible in computing the income of the individual for a taxation year;(a.1)[Repealed, 2011, c. 24, s. 17](a.2)as a payment of a contribution under a registered disability savings plan;(b)as or on account of an amount paid by the individual to another individual who is the individual’s spouse or common-law partner or a person who was under 18 years of age in a taxation year and who(i)does not deal with the individual at arm’s length, or(ii)is the niece or nephew of the individual,that is deductible in computing the individual’s income for the year and is required to be included in computing the income of the other individual;(c)to the individual’s spouse or common-law partner,(i)while the property, or property substituted for it, is held under a TFSA of which the spouse or common-law partner is the holder, and(ii)to the extent that the spouse or common-law partner does not, at the time of the contribution of the property under the TFSA, have an excess TFSA amount (as defined in subsection 207.01(1)); or(d)as a payment of a contribution under a FHSA.
(i)does not deal with the individual at arm’s length, or(ii)is the niece or nephew of the individual,
(i)while the property, or property substituted for it, is held under a TFSA of which the spouse or common-law partner is the holder, and(ii)to the extent that the spouse or common-law partner does not, at the time of the contribution of the property under the TFSA, have an excess TFSA amount (as defined in subsection 207.01(1)); or
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 74.51994, c. 7, Sch