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s. 211.7

PART XII.5 — Recovery of Labour-sponsored Funds Tax Credit

Definitions

Not yet annotated · Text current to 2026-06-21 · section last amended 2016-06-22

Current text

(1)

The definitions in this section apply for the purposes of this Part.

approved share has the meaning assigned by subsection 127.4(1). (action approuvée)

labour-sponsored funds tax credit in respect of a share is

(a)

where the original acquisition of the share occurred before 1996, 20% of the net cost of the share on that acquisition;

(b)

in any other case, the amount that would be determined under subsection 127.4(6) in respect of the share if this Act were read without reference to its paragraphs (b) and (d). (crédit d’impôt relatif à un fonds de travailleurs)

(c)

[Repealed, 2016, c. 7, s. 44]

net cost has the meaning assigned by subsection 127.4(1). (coût net)

original acquisition has the meaning assigned by subsection 127.4(1). (acquisition initiale)

qualifying exchange means an exchange by a taxpayer of an approved share, that is part of a series of Class A shares of the capital stock of a corporation, for another approved share, that is part of another series of Class A shares of the capital stock of the corporation, if

(a)

the only consideration received by the taxpayer on the exchange is the other share; and

(b)

the rights in respect of the series are identical except for the portion of the reserve (within the meaning assigned by subsection 204.8(1)) of the corporation that is attributable to each series. (échange admissible)

qualifying trust has the meaning assigned by subsection 127.4(1). (fiducie admissible)

revoked corporation means a corporation the registration of which has been revoked under subsection 204.81(6). (société radiée)

Amalgamations and mergers

(2)

For the purposes of this Part, where two or more corporations (each of which is referred to in this subsection as a “predecessor corporation”) amalgamate or merge to form a corporate entity deemed by paragraph 204.85(3)(d) to have been registered under Part X.3, the shares of each predecessor corporation are deemed not to be redeemed, acquired or cancelled by the predecessor corporation on the amalgamation or merger.

Exchangeable shares

(3)

For the purposes of this Part and Part X.3, if an approved share of the capital stock of a corporation (referred to in this subsection as the “new share”) has been issued in exchange for another approved share (referred to in this subsection as the “original share”) in a qualifying exchange, the new share is deemed not to have been issued on the exchange and is deemed to have been issued at the time the corporation issued the original share.

Source: Justice Laws Website. Not an official version.

Historic text

Immediately preceding version, in force from 2013-12-12 to 2016-06-21:

Show the text in force 2013-12-12 to 2016-06-21


Definitions

  • 211.7 (1) The definitions in this section apply for the purposes of this Part.

    approved share

    action approuvée

    approved share has the meaning assigned by subsection 127.4(1). (action approuvée)

    labour-sponsored funds tax credit

    crédit d’impôt relatif à un fonds de travailleurs

    labour-sponsored funds tax credit in respect of a share is

    • (a) where the original acquisition of the share occurred before 1996, 20% of the net cost of the share on that acquisition;

    • (b) if the original acquisition of the share occurred after 1995 and before March 2, 2017, the amount that would be determined under subsection 127.4(6) — as that subsection would apply in respect of a claim made by the taxpayer under subsection 127.4(2) in respect of the original acquisition if subsection 127.4(6) were read without reference to paragraphs 127.4(6)(b) and (d) — in respect of the share; and

    • (c) in any other case, nil. (crédit d’impôt relatif à un fonds de travailleurs)

    net cost

    coût net

    net cost has the meaning assigned by subsection 127.4(1). (coût net)

    original acquisition

    acquisition initiale

    original acquisition has the meaning assigned by subsection 127.4(1). (acquisition initiale)

    qualifying exchange

    échange admissible

    qualifying exchange means an exchange by a taxpayer of an approved share, that is part of a series of Class A shares of the capital stock of a corporation, for another approved share, that is part of another series of Class A shares of the capital stock of the corporation, if

    • (a) the only consideration received by the taxpayer on the exchange is the other share; and

    • (b) the rights in respect of the series are identical except for the portion of the reserve (within the meaning assigned by subsection 204.8(1)) of the corporation that is attributable to each series. (échange admissible)

    qualifying trust

    fiducie admissible

    qualifying trust has the meaning assigned by subsection 127.4(1). (fiducie admissible)

    revoked corporation

    société radiée

    revoked corporation means a corporation the registration of which has been revoked under subsection 204.81(6). (société radiée)

  • Amalgamations and mergers

    (2) For the purposes of this Part, where two or more corporations (each of which is referred to in this subsection as a “predecessor corporation”) amalgamate or merge to form a corporate entity deemed by paragraph 204.85(3)(d) to have been registered under Part X.3, the shares of each predecessor corporation are deemed not to be redeemed, acquired or cancelled by the predecessor corporation on the amalgamation or merger.

  • Exchangeable shares

    (3) For the purposes of this Part and Part X.3, if an approved share of the capital stock of a corporation (referred to in this subsection as the “new share”) has been issued in exchange for another approved share (referred to in this subsection as the “original share”) in a qualifying exchange, the new share is deemed not to have been issued on the exchange and is deemed to have been issued at the time the corporation issued the original share.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • 1997, c. 25, s. 62
  • 2000, c. 19, s. 61
  • 2013, c. 34, s. 343, c. 40, s. 80

This version on Justice Laws

Earlier versions: Justice Laws point-in-time versions of the Act (from 31 August 2004), and CanLII (under “Versions”). On Justice Laws, each version of section 211.7 links to the one before it.

Enacting and amending legislation

  • 1997, c. 25, s. 62; 2000, c. 19, s. 61; 2013, c. 34, s. 343, c. 40, s. 80; 2016, c. 7, s. 44

Text before 2004 is found in the annual Statutes of Canada cited above. Application and coming-into-force provisions are not part of the consolidation; see the amending Acts.

Cross-references

This section refers to

References are generated from the statutory text and list other sections of the Act only.

Citation

Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), s. 211.7.