I-3 - Taxation Act

Section 21.0.3 Disposition versions

2006-03-01

21.0.3. For the purposes of this Part, affiliated persons, or persons affiliated with each other, are

(a)  an individual and a spouse of the individual;

(b)  a corporation and

i.  a person by whom the corporation is controlled,

ii.  each member of an affiliated group of persons by which the corporation is controlled, or

iii.  a spouse of a person described in subparagraph i or ii;

(c)  two corporations, if

i.  each corporation is controlled by a person, and the person by whom one corporation is controlled is affiliated with the person by whom the other corporation is controlled,

ii.  one corporation is controlled by a person, the other corporation is controlled by a group of persons, and each member of that group is affiliated with that person, or

iii.  each corporation is controlled by a group of persons, and each member of each group is affiliated with at least one member of the other group;

(d)  a corporation and a partnership, if the corporation is controlled by a particular group of persons each member of which is affiliated with at least one member of a majority-interest group of partners of the partnership, and each member of that majority-interest group is affiliated with at least one member of the particular group of persons;

(e)  a partnership and a majority-interest partner of the partnership;

(f)  two partnerships, if

i.  the same person is a majority-interest partner of both partnerships,

ii.  a majority-interest partner of one partnership is affiliated with each member of a majority-interest group of partners of the other partnership, or

iii.  each member of a majority-interest group of partners of each partnership is affiliated with at least one member of a majority-interest group of partners of the other partnership;

(g)  a person and a trust, if the person

i.  is a majority-interest beneficiary of the trust, or

ii.  would, but for this paragraph, be affiliated with a majority-interest beneficiary of the trust; and

(h)  two trusts, if a contributor to one of the trusts is affiliated with a contributor to the other trust and

i.  a majority-interest beneficiary of one of the trusts is affiliated with a majority-interest beneficiary of the other trust,

ii.  a majority-interest beneficiary of one of the trusts is affiliated with each member of a majority-interest group of beneficiaries of the other trust, or

iii.  each member of a majority-interest group of beneficiaries of each of the trusts is affiliated with at least one member of a majority-interest group of beneficiaries of the other trust.

2000, c. 5, s. 11; 2005, c. 38, s. 49.