Tax wiki
s. 65
PART I — Income Tax · DIVISION B — Computation of Income · SUBDIVISION E — Deductions in Computing Income
Allowance for oil or gas well, mine or timber limit
Not yet annotated · Text current to 2026-06-21 · section last amended 2013-06-26
Current text
There may be deducted in computing a taxpayer’s income for a taxation year such amount as an allowance, if any, in respect of
a natural accumulation of petroleum or natural gas, oil or gas well, mineral resource or timber limit,
the processing of ore (other than iron ore or tar sands) from a mineral resource to any stage that is not beyond the prime metal stage or its equivalent,
the processing of iron ore from a mineral resource to any stage that is not beyond the pellet stage or its equivalent, or
the processing of tar sands from a mineral resource to any stage that is not beyond the crude oil stage or its equivalent
as is allowed to the taxpayer by regulation.
Regulations
(2)For greater certainty it is hereby declared that, in the case of a regulation made under subsection 65(1) allowing to a taxpayer an amount in respect of a natural accumulation of petroleum or natural gas, an oil or gas well or a mineral resource or in respect of the processing of ore,
there may be allowed to the taxpayer by that regulation an amount in respect of any or all
natural accumulations of petroleum or natural gas, oil or gas wells or mineral resources in which the taxpayer has any interest or, for civil law, right, or
processing operations described in any of paragraphs 65(1)(b), (c) and (d) that are carried on by the taxpayer; and
notwithstanding any other provision contained in this Act, the Governor in Council may prescribe the formula by which the amount that may be allowed to the taxpayer by that regulation shall be determined.
Lessee’s share of allowance
(3)Where a deduction is allowed under subsection 65(1) in respect of a coal mine operated by a lessee, the lessor and lessee may agree as to what portion of the allowance each may deduct and, in the event that they cannot agree, the Minister may fix the portions.
Source: Justice Laws Website. Not an official version.
Historic text
Immediately preceding version, in force from 2004-08-31 to 2013-06-25:
Show the text in force 2004-08-31 to 2013-06-25
Allowance for oil or gas well, mine or timber limit
65 (1) There may be deducted in computing a taxpayer’s income for a taxation year such amount as an allowance, if any, in respect of
(a) a natural accumulation of petroleum or natural gas, oil or gas well, mineral resource or timber limit,
(b) the processing of ore (other than iron ore or tar sands) from a mineral resource to any stage that is not beyond the prime metal stage or its equivalent,
(c) the processing of iron ore from a mineral resource to any stage that is not beyond the pellet stage or its equivalent, or
(d) the processing of tar sands from a mineral resource to any stage that is not beyond the crude oil stage or its equivalent
as is allowed to the taxpayer by regulation.
Regulations
(2) For greater certainty it is hereby declared that, in the case of a regulation made under subsection 65(1) allowing to a taxpayer an amount in respect of a natural accumulation of petroleum or natural gas, an oil or gas well or a mineral resource or in respect of the processing of ore,
(a) there may be allowed to the taxpayer by that regulation an amount in respect of any or all
(i) natural accumulations of petroleum or natural gas, oil or gas wells or mineral resources in which the taxpayer has any interest, or
(ii) processing operations described in any of paragraphs 65(1)(b), (c) and (d) that are carried on by the taxpayer; and
(b) notwithstanding any other provision contained in this Act, the Governor in Council may prescribe the formula by which the amount that may be allowed to the taxpayer by that regulation shall be determined.
Lessee’s share of allowance
(3) Where a deduction is allowed under subsection 65(1) in respect of a coal mine operated by a lessee, the lessor and lessee may agree as to what portion of the allowance each may deduct and, in the event that they cannot agree, the Minister may fix the portions.
- [NOTE: Application provisions are not included in the consolidated text
- see relevant amending Acts and regulations.]
- 1970-71-72, c. 63, s. 1“65”
- 1973-74, c. 30, s. 6
- 1985, c. 45, s. 27
- 1986, c. 6, s. 31
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 65 links to the one before it.
Enacting and amending legislation
- R.S., 1985, c. 1 (5th Supp.), s. 65; 2013, c. 34, s. 110
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
Citation
Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), s. 65.