I-3 - Taxation Act

Section 1079.9 Disposition versions

2023-09-26

1079.9. For the purposes of this Title and section 1006.1,

“promoter” of a transaction or a series of transactions means a person or a partnership in respect of which the following conditions are met:

(a)  the person or partnership commercializes the transaction or series of transactions, promotes it or otherwise supports its development or the interest it generates;

(b)  the person or partnership receives or is entitled to receive, directly or indirectly, a consideration for the commercialization, promotion or support, or another person or partnership related to, or associated with, the person or partnership receives or is entitled to so receive such a consideration; and

(c)  it is reasonable to consider that the person or partnership assumes an important role in the commercialization, promotion or support;

“tax benefit” means

(a)  a reduction, avoidance or deferral of tax or of another amount payable under this Act, including a reduction, avoidance or deferral of tax or of another amount that would be payable under this Act but for a tax agreement;

(b)  an increase in a refund of tax or of another amount under this Act, including an increase in a refund of tax or of another amount under this Act that results from a tax agreement; or

(c)  a reduction, increase or preservation of an amount that could at a subsequent time

i.  be relevant for the purpose of computing an amount referred to in paragraph a or b, and

ii.  result in any of the effects described in paragraph a or b;

“tax consequences” to a person means the amount, determined under this Act, of income, taxable income or taxable income earned in Canada of, or tax or other amount payable by, or refundable to the person under this Act, or any other amount that is, or could at a subsequent time be, relevant for the purpose of computing that amount;

“transaction” includes an arrangement or event.

The definition of “tax agreement” in section 1 is deemed, for the purposes of this Title, to have effect from 13 September 1988.

For the purposes of paragraph c of the definition of “promoter” in the first paragraph, the following rules apply in respect of an employee of a person or partnership:

(a)  the employee, other than a specified employee, is not considered to assume an important role in the person’s or partnership’s commercialization of, promotion of or support of the development of or interest in a transaction or series of transactions; and

(b)  the conduct of the employee is deemed to be the conduct of the person or partnership.

1990, c. 59, s. 351; 2006, c. 13, s. 203; 2010, c. 25, s. 190; 2023, c. 19, s. 121.

2010-10-27

1079.9. For the purposes of this Title and section 1006.1,

“promoter” of a transaction or a series of transactions means a person or a partnership in respect of which the following conditions are met:

(a)  the person or partnership commercializes the transaction or series of transactions, promotes it or otherwise supports its development or the interest it generates;

(b)  the person or partnership receives or is entitled to receive, directly or indirectly, a consideration for the commercialization, promotion or support, or another person or partnership related to, or associated with, the person or partnership receives or is entitled to so receive such a consideration; and

(c)  it is reasonable to consider that the person or partnership assumes an important role in the commercialization, promotion or support;

“tax benefit” means a reduction, avoidance or deferral of the tax or of another amount payable under this Act or an increase in a refund of tax or of another amount under this Act, including a reduction, avoidance or deferral of the tax or of another amount that would be payable under this Act but for a tax agreement, and an increase in a refund of tax or of another amount under this Act that results from a tax agreement;

“tax consequences” to a person means the amount of income, taxable income, or taxable income earned in Canada of, tax or other amount payable by, or refundable to the person under this Act, or any other amount that is relevant for the purposes of computing that amount;

“transaction” includes an arrangement or event.

The definition of “tax agreement” in section 1 is deemed, for the purposes of this Title, to have effect from 13 September 1988.

For the purposes of paragraph c of the definition of “promoter” in the first paragraph, the following rules apply in respect of an employee of a person or partnership:

(a)  the employee, other than a specified employee, is not considered to assume an important role in the person’s or partnership’s commercialization of, promotion of or support of the development of or interest in a transaction or series of transactions; and

(b)  the conduct of the employee is deemed to be the conduct of the person or partnership.

1990, c. 59, s. 351; 2006, c. 13, s. 203; 2010, c. 25, s. 190.

2006-06-13

1079.9. For the purposes of this Title and section 1006.1,

“tax benefit” means a reduction, avoidance or deferral of the tax or of another amount payable under this Act or an increase in a refund of tax or of another amount under this Act, including a reduction, avoidance or deferral of the tax or of another amount that would be payable under this Act but for a tax agreement, and an increase in a refund of tax or of another amount under this Act that results from a tax agreement;

“tax consequences” to a person means the amount of income, taxable income, or taxable income earned in Canada of, tax or other amount payable by, or refundable to the person under this Act, or any other amount that is relevant for the purposes of computing that amount;

“transaction” includes an arrangement or event.

The definition of “tax agreement” in section 1 is deemed, for the purposes of this Title, to have effect from 13 September 1988.

1990, c. 59, s. 351; 2006, c. 13, s. 203.

2006-03-01

1079.9. For the purposes of this Title and section 1006.1,

"tax benefit" means a reduction, avoidance or deferral of tax or other amount payable under this Act or an increase in a refund of tax or other amount under this Act;

"tax consequences" to a person means the amount of income, taxable income, or taxable income earned in Canada of, tax or other amount payable by, or refundable to the person under this Act, or any other amount that is relevant for the purposes of computing that amount;

"transaction" includes an arrangement or event.

1990, c. 59, s. 351.