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Income Tax Act

Sections and provisions with full text and the judgments that cite each one.

Section 225.1 — Collection restrictions

If a taxpayer is liable for the payment of an amount assessed under this Act, other than an amount assessed under subsection 152(4.2), 169(3) or 220(3.1), the Minister shall not, until after the…

Section 225.2 — Definition of judge

In this section, judge means a judge or a local judge of a superior court of a province or a judge of the Federal Court. Notwithstanding section 225.1, where, on ex parte application by the Minister,…

Section 226 — Taxpayer leaving Canada

Where the Minister suspects that a taxpayer has left or is about to leave Canada, the Minister may, before the day otherwise fixed for payment, by notice served personally or by registered letter…

Section 227 — Withholding taxes

No action lies against any person for deducting or withholding any sum of money in compliance or intended compliance with this Act. Where a person (in this subsection referred to as the “payer”) is…

Section 227.1 — Liability of directors for failure to deduct

Where a corporation has failed to deduct or withhold an amount as required by subsection 135(3) or 135.1(7) or section 153 or 215, has failed to remit such an amount or has failed to pay an amount of…

Section 228 — Applying payments under collection agreements

Where a payment is made to the Minister on account of tax under this Act, an Act of a province that imposes a tax similar to the tax imposed under this Act, or any two or more such Acts, such part of…

Section 229.1 — Repeal of s. 229

Section 229 is repealed. Subsection 229.1(1) shall come into force on a day to be fixed by proclamation.

Section 230 — Records and books

Every person carrying on business and every person who is required, by or pursuant to this Act, to pay or collect taxes or other amounts shall keep records and books of account (including an annual…

Section 230.1 — Records re monetary contributions - Canada Elections Act

Every agent authorized under the Canada Elections Act to accept monetary contributions referred to in that Act shall keep records, sufficient to enable each monetary contribution within the meaning…

Section 231 — Definitions

In sections 231.1 to 231.8, authorized person means a person authorized by the Minister for the purposes of sections 231.1 to 231.5; ( personne autorisée ) document includes money, a security and a…

Section 231.1 — Information gathering

An authorized person may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine any document, including books and records, of a…

Section 231.2 — Requirement to provide documents or information

Notwithstanding any other provision of this Act, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of this Act (including the collection of any…

Section 231.3 — Search warrant

A judge may, on ex parte application by the Minister, issue a warrant in writing authorizing any person named therein to enter and search any building, receptacle or place for any document or thing…

Section 231.31 — Warrant under Criminal Code

For the purposes of this Act and subject to subsection (2), a warrant may be issued under subsection 487.01(1) of the Criminal Code to an authorized person even though that person is not a peace…

Section 231.32 — Things seized

Subsection (2) applies to an authorized person who has seized anything under a warrant issued under the Criminal Code ; under section 487.11 or 489 of the Criminal Code ; or in the execution of…

Section 231.4 — Inquiry

The Minister may, for any purpose related to the administration or enforcement of this Act, authorize any person, whether or not the person is an officer of the Canada Revenue Agency, to make such…

Section 231.5 — Copies

Where any document is seized, inspected, audited, examined or provided under any of sections 231.1 to 231.4, the person by whom it is seized, inspected, audited or examined or to whom it is provided…

Section 231.6 — Definition of foreign-based information or document

For the purposes of this section, foreign-based information or document means any information or document that is available or located outside Canada and that may be relevant to the administration or…

Section 231.7 — Compliance order

On summary application by the Minister, a judge may, notwithstanding subsection 238(2), order a person to provide any access, assistance, information or document sought by the Minister under section…

Section 231.8 — Time period not to count

The following periods of time shall not be counted in the computation of the period of time within which an assessment may be made for a taxation year of a taxpayer under subsection 152(4): where the…

Section 232 — Definitions

In this section, custodian means a person in whose custody a package is placed pursuant to subsection 232(3); ( gardien ) judge means a judge of a superior court having jurisdiction in the province…

Section 233 — Information return

Every person shall, on written demand from the Minister served personally or otherwise, whether or not the person has filed an information return as required by this Act or the regulations, file with…

Section 233.1 — Definitions

The definitions in this subsection apply in this section. reportable transaction means in the case of a reporting person for a taxation year who is not resident in Canada at any time in the year, or…

Section 233.2 — Definitions

The definitions in this subsection apply in this section. exempt trust means a trust that is governed by a foreign retirement arrangement; a trust that is resident in a country under the laws of…

Section 233.3 — Definitions

The definitions in this subsection apply in this section. reporting entity for a taxation year or fiscal period means a specified Canadian entity for the year or period where, at any time (other than…

Section 233.4 — Reporting entity

For the purpose of this section, reporting entity for a taxation year or fiscal period means a taxpayer resident in Canada (other than a taxpayer all of whose taxable income for the year is exempt…

Section 233.5 — Due diligence exception

The information required in a return filed under section 233.2 or 233.4 does not include information that is not available, on the day on which the return is filed, to the person or partnership…

Section 233.6 — Returns respecting distributions from non-resident trusts

Where a specified Canadian entity (as defined by subsection 233.3(1)) for a taxation year or fiscal period receives a distribution of property from, or is indebted to, a non-resident trust (other…

Section 233.7 — Exception for first-year residents

Notwithstanding sections 233.2, 233.3, 233.4 and 233.6, a person who, but for this section, would be required under any of those sections to file an information return for a taxation year, is not…

Section 233.8 — Country-by-country report — definitions

The following definitions apply in this section. business entity means a person (other than an individual that is not a trust) or partnership; and a business that is carried on through a permanent…

Section 234 — Ownership certificates

Before the bearer coupon or warrant representing either interest or dividends payable by any debtor or cheque representing dividends or interest payable by a non-resident debtor is negotiated by or…

Section 235 — Penalty for failing to file corporate returns

Every large corporation (within the meaning assigned by subsection 225.1(8)) that fails to file a return for a taxation year as and when required by section 150 or 190.2 is liable, in addition to any…

Section 236 — Execution of documents by corporations

A return, certificate or other document made by a corporation pursuant to this Act or a regulation shall be signed on its behalf by the President, Secretary or Treasurer of the corporation or by any…

Section 237 — Social Insurance Number

Every individual (other than a trust) who was resident or employed in Canada at any time in a taxation year and who files a return of income under Part I for the year, or in respect of whom an…

Section 237.1 — Definitions

In this section, gifting arrangement means any arrangement under which it may reasonably be considered, having regard to statements or representations made or proposed to be made in connection with…

Section 237.2 — Application of s. 237.1

Section 237.1 is applicable with respect to interests acquired after August 31, 1989.

Section 237.3 — Definitions

The following definitions apply in this section. advisor , in respect of a transaction or series of transactions, means each person who provides, directly or indirectly in any manner whatever, any…

Section 237.4 — Definitions

The following definitions apply in this section. advisor , in respect of a notifiable transaction, means each person who provides, directly or indirectly in any manner whatever, any assistance or…

Section 237.5 — Definitions

The following definitions apply in this section. consolidated financial statements has the same meaning as in subsection 233.8(1). ( états financiers consolidés ) person includes a partnership. (…

Section 238 — Offences and punishment

Every person who has failed to file or make a return — other than a return under section 237.3 or 237.4 — as and when required by or under this Act or a regulation or who has failed to comply with…

Section 239 — Other offences and punishment

Every person who has made, or participated in, assented to or acquiesced in the making of, false or deceptive statements in a return, certificate, statement or answer filed or made as required by or…

Section 239.1 — Definitions

The definitions in subsection 163.3(1) apply in this section. Every person that, without lawful excuse, the proof of which lies on the person, uses an electronic suppression of sales device or a…

Section 240 — Definition of taxable obligation and non-taxable obligation

In this section, taxable obligation means any bond, debenture or similar obligation the interest on which would, if paid by the issuer to a non-resident person, be subject to the payment of tax under…

Section 241 — Provision of information

Except as authorized by this section, no official or other representative of a government entity shall knowingly provide, or knowingly allow to be provided, to any person any taxpayer information;…

Section 242 — Officers, etc., of corporations

Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the…

Section 243 — Power to decrease punishment

Notwithstanding the Criminal Code or any other statute or law in force on June 30, 1948, the court has, in any prosecution or proceeding under this Act, no power to impose less than the minimum fine…

Section 244 — Information or complaint

An information or complaint under this Act may be laid or made by any officer of the Canada Revenue Agency, by a member of the Royal Canadian Mounted Police or by any person thereto authorized by the…

Section 244.1 — Definitions

The following definitions apply in this Part. cash means coins referred to in section 7 of the Currency Act , notes issued by the Bank of Canada pursuant to the Bank of Canada Act that are intended…

Section 244.2 — Electronic funds transfer

Every reporting entity shall file with the Minister an information return in prescribed form in respect of the sending out of Canada, at the request of a client, of an electronic funds transfer of…

Section 244.3 — Casino

An electronic funds transfer in respect of which subsection 244.2(1) applies that occurs in the course of a business, temporarily conducted for charitable purposes in the establishment of a casino by…