I-3 - Taxation Act

Section 418.1.3 Disposition versions

2015-10-26

418.1.3. In this chapter, the cumulative foreign resource expense of a taxpayer at a particular time, in relation to a country other than Canada, in this section and sections 418.1.4 and 418.1.5 referred to as the “foreign country”, means the amount by which the aggregate of the following expenses and other amounts exceeds the aggregate determined under section 418.1.4:

(a)  the foreign resource expenses, in relation to the foreign country, incurred by the taxpayer

i.  before the particular time, and

ii.  at a time, in this section and section 418.1.4 referred to as a “resident time”, at which the taxpayer was resident in Canada and, where the taxpayer became resident in Canada before the particular time, that is after the last time before the particular time, that the taxpayer became resident in Canada;

(a.1)  the foreign resource expenses, in relation to the foreign country, attributable to the cost to the taxpayer of any foreign resource property in relation to that country that is deemed to have been acquired by the taxpayer under paragraph c of section 785.1 at the last time before the particular time that the taxpayer became resident in Canada;

(b)  each amount included in computing the taxpayer’s income under paragraph e.1 of section 330, in relation to the foreign country, for a taxation year ending before the particular time and at a resident time;

(c)  each amount referred to in paragraph b or c of section 418.1.4 that, in accordance with the evidence submitted by the taxpayer, has become a bad debt before the particular time and at a resident time; and

(d)  each particular amount determined under section 418.32.2, in respect of the taxpayer and the foreign country, for a taxation year ending before the particular time and at a resident time.

2004, c. 8, s. 79; 2015, c. 24, s. 71.

2006-03-01

418.1.3. In this chapter, the cumulative foreign resource expense of a taxpayer at a particular time, in relation to a country other than Canada, in this section and sections 418.1.4 and 418.1.5 referred to as the “foreign country”, means the amount by which the aggregate of the following expenses and other amounts exceeds the aggregate determined under section 418.1.4:

(a)  the foreign resource expenses, in relation to the foreign country, incurred by the taxpayer

i.  before the particular time, and

ii.  at a time, in this section and section 418.1.4 referred to as a “resident time”, at which the taxpayer was resident in Canada and, where the taxpayer became resident in Canada before the particular time, that is after the last time before the particular time, that the taxpayer became resident in Canada;

(b)  each amount required under paragraph e.1 of section 330 to be included, in relation to the foreign country, in computing the taxpayer’s income for a taxation year ending before the particular time and at a resident time;

(c)  each amount referred to in paragraph b or c of section 418.1.4 that, in accordance with the evidence submitted by the taxpayer, has become a bad debt before the particular time and at a resident time; and

(d)  each particular amount determined under section 418.32.2, in respect of the taxpayer and the foreign country, for a taxation year ending before the particular time and at a resident time.

2004, c. 8, s. 79.