C-8.3 - Act respecting international financial centres

Section 5 Disposition versions

2010-04-20

5. In this Act,

(1)  a legal person, whether or not established for pecuniary gain, is designated by the word “corporation”;

(2)  a person is considered to be a person resident in Canada where the person is so considered for the purposes of the Taxation Act (chapter I‐3), and a person is considered to be a person not resident in Canada in all other cases;

(3)  a person or partnership is considered not to be dealing at arm’s length with another person or partnership where the person or partnership is considered as such for the purposes of Part I of the Taxation Act, and a person or partnership is considered to be a person or partnership dealing at arm’s length with the other person or partnership in all other cases;

(4)  a partnership is considered to be not resident in Canada at any time if the following conditions are met and to be resident in Canada at that time in all other cases:

(a)  the partnership’s management and control centre is outside Canada at that time; and

(b)  the share of the partnership’s members not resident in Canada at that time of the income of the partnership would be equal to more than 50% of the income of the partnership if the partnership’s fiscal period ended at that time and the partnership’s income for that fiscal period were equal to $1,000,000.

1999, c. 86, s. 5; 2005, c. 23, s. 2; 2010, c. 5, s. 1.

2005-06-17

5. In this Act,

(1)  a legal person, whether or not established for pecuniary gain, is designated by the word “corporation” ;

(2)  a person is considered to be a person resident in Canada where the person is so considered for the purposes of the Taxation Act (chapter I‐3), and a person is considered to be a person not resident in Canada in all other cases;

(3)  a person or partnership is considered not to be dealing at arm’s length with another person or partnership where the person or partnership is considered as such for the purposes of Part I of the Taxation Act, and a person or partnership is considered to be a person or partnership dealing at arm’s length with the other person or partnership in all other cases.

1999, c. 86, s. 5; 2005, c. 23, s. 2.

1999-12-20

5. In this Act,

(1)  a legal person, whether or not established for pecuniary gain, is designated by the word “corporation” ;

(2)  a person is considered to be a person resident in Canada where the person is so considered for the purposes of the Taxation Act (chapter I‐3), and a person is considered to be a person not resident in Canada in all other cases.

1999, c. 86, s. 5.