Income Tax Act

Section 147.2

(1)    Pension contributions deductible - employer contributions

For a taxation year ending after 1990, there may be deducted in computing the income of a taxpayer who is an employer the total of all amounts each of which is a contribution made by the employer after 1990 and either in the taxation year or within 120 days after the end of the taxation year to a registered pension plan in respect of the employer's employees or former employees, to the extent that

(a)       in the case of a contribution in respect of a money purchase provision of a plan, the contribution was made in accordance with the plan as registered and in respect of periods before the end of the taxation year;

(b)      in the case of a contribution in respect of a defined benefit provision of a plan (other than a specified multi-employer plan), the contribution

(i)    is an eligible contribution,

(ii)   was made to fund benefits provided to employees and former employees of the employer in respect of periods before the end of the taxation year, and

(iii)   complies with subsection 147.1(10);

(c)      in the case of a contribution made to a specified multi-employer plan, the contribution was made in accordance with the plan as registered and in respect of periods before the end of the taxation year; and

(d)      the contribution was not deducted in computing the income for the employer for a preceding taxation year.

(2)      Employer contributions - defined benefit provisions.

For the purposes of subsection (1), a contribution made by an employer to a registered pension plan in respect of a defined benefit provision of the plan is an eligible contribution if it is a prescribed contribution or if it complies with prescribed conditions and is made pursuant to a recommendation by an actuary in whose opinion the contribution is required to be made so that the plan will have sufficient assets to pay benefits under the defined benefit provisions of the plan, as registered, in respect of the employees and former employees of the employer, where

(a)    the recommendation is based on an actuarial valuation that complies with the following conditions, except the conditions in subparagraphs (iii) and (iv) to the extent that they are inconsistent with the other conditions that apply for the purpose of determining whether the contribution is an eligible contribution:

(i)    the effective date of the valuation is not more than 4 years before the day on which the contribution is made,

(ii)   actuarial liabilities and current service costs are determined in accordance with an actuarial funding method that produces a reasonable matching of contributions with accruing benefits,

(iii)   all assumptions made for the purpose of the valuation are reasonable at the time the valuation is prepared and at the time the contribution is made,

(iv)   the valuation is prepared in accordance with generally accepted actuarial principles,

(v)   the valuation complies with prescribed conditions which conditions may include conditions regarding the benefits that may be taken into account for the purposes of the valuation, and

(vi)  where more than one employer participates in the plan, assets and actuarial liabilities are apportioned in a reasonable manner among participating employers in respect of their employees and former employees, and

(b)    the recommendation is approved by the Minister in writing,

and, for the purposes of this subsection and except as otherwise provided by regulation,

(c)    the benefits taken into account for the purposes of a recommendation may include anticipating cost-of-living and similar adjustments where the terms of a pension plan do not require that those adjustments be made but is is reasonable to expect that they will be made, and

(d)    a recommendation with respect to the contributions required to be made by an employer in respect of the defined benefit provisions of a pension plan may be prepared without regard to such portion of the assets of the plan apportioned to the employer in respect of the employer's employees and former employees as does not exceed the least of

(i)    the amount of actuarial surplus in respect of the employer,

(ii)   20% of the amount of actuarial liabilities apportioned to the employer in respect of the employer's employees and former employee, and

(iii)    the greater of

(A)    2 times the estimated amount of current service contributions that would, if there no actuarial surplus, be required to be made by an employer and the employer's employees for the 12 months immediately following the effective date of the actuarial valuation on which the recommendation is based, and

(B)    the amount that would be determined under subparagraph (ii) if the reference therein to "20%" were read as a reference to "10%".

248(1)(d)

"specified shareholder" of a corporation in a taxation year means a taxpayer who owns, directly or indirectly, at any time in the year, not less than 10% of the issued shares of any class of the capital stock of the corporation or of any other corporation that is related to the corporation and, for the purposes of this definition,

(a)  a taxpayer shall be deemed to own each share of the capital stock of a corporation owned at that time by a person with whom the taxpayer does not deal at arm's length,

(b)  each beneficiary of a trust shall be deemed to own that proportion of all such shares owned by the trust at that time that the fair market value at that time of the beneficial interest of the beneficiary in the trust is of the fair market value at that time of all beneficial interests in the trust,

(c)  each member of a partnership shall be deemed to own that proportion of all the shares of any class of the capital stock of a corporation that are property of the partnership at that time that the fair market value at that time of the member's interest in the partnership is of the fair market value at that time of the interests of all members in the partnership,

(d)  an individual who performs services on behalf of a corporation that would be carrying on a personal services business if the individual or any person related to the individual were at that time a specified shareholder of the corporation shall be deemed to be a specified shareholder of the corporation at that time if the individual, or any person or partnership with whom the individual does not deal at arm's length, is, or by virtue of any arrangement may become, entitled, directly or indirectly, to not less than 10% of the assets or the shares of any class of the capital stock of the corporation or any corporation related thereto, and

(e)  notwithstanding paragraph 248(1) "specified shareholder" (b), where a beneficiary's share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, any discretionary power, the beneficiary shall be deemed to own each share of the capital stock of a corporation owned at that time by the trust;