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s. 12.6

PART I — Income Tax · DIVISION B — Computation of Income · SUBDIVISION B — Income or Loss from a Business or Property · Inclusions

Definitions

Not yet annotated · Text current to 2026-06-21 · section last amended 2013-12-12

Current text

(1)

The definitions in section 18.3 apply in this section.

Where subsection (3) applies

(2)

Subsection (3) applies for a taxation year of an entity in respect of a security of the entity if

(a)

the security becomes, at a particular time in the year, a stapled security of the entity and, as a consequence, amounts described in paragraphs 18.3(3)(a) and (b) are not deductible because of subsection 18.3(3);

(b)

the security (or any security for which the security was substituted) ceased, at an earlier time, to be a stapled security of any entity and, as a consequence, subsection 18.3(3) ceased to apply to deny the deductibility of amounts that would be described in paragraphs 18.3(3)(a) and (b) if the security were a stapled security; and

(c)

throughout the period that began immediately after the most recent time referred to in paragraph (b) and that ends at the particular time, the security (or any security for which the security was substituted) was not a stapled security of any entity.

Income inclusion

(3)

If this subsection applies for a taxation year of an entity in respect of a security of the entity, the entity shall include in computing its income for the year each amount that

(a)

was deducted by the entity (or by another entity that issued a security for which the security was substituted) in computing its income for a taxation year that includes any part of the period described in paragraph (2)(c); and

(b)

would not have been deductible if subsection 18.3(3) had applied in respect of the amount.

Deemed excess

(4)

For the purposes of subsection 161(1), if an amount described in paragraph (3)(a) is included in the income of an entity for a taxation year under subsection (3), the entity is deemed to have an excess immediately after the entity’s balance-due day for the year computed as if

(a)

the entity were resident in Canada throughout the year;

(b)

the entity’s tax payable for the year were equal to the tax payable by the entity on its taxable income for the year;

(c)

the amount were the entity’s only taxable income for the year;

(d)

the entity claimed no deductions under Division E for the year;

(e)

the entity had not paid any amounts on account of its tax payable for the year; and

(f)

the tax payable determined under paragraph (b) had been outstanding throughout the period that begins immediately after the end of the taxation year for which the amount was deducted and that ends on the entity’s balance-due day for the year.

Source: Justice Laws Website. Not an official version.

Historic text

This section has not been amended since it was enacted (2013, c. 40, s. 5), so there is no earlier version.

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 12.6 links to the one before it.

Enacting and amending legislation

  • 2013, c. 40, s. 5

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. 12.6.