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R.S.M. 1988, c. C226

The Corporation Capital Tax Act

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Table of Contents

1 Definitions.
2 Dealing at arm's length.
(2) Meaning of related persons.
(3) Corporations related to same corporations.
(4) Control by related group in another group.
(5) Rights to acquire shares.
(6) Shareholders in several corporations.
3 Connected persons.
4 Permanent establishment.
(2) Subsidiary's place of business.
(3) Place of permanent establishment.
5 Rules
6 Tax payable.
(2) Surtax payable after June 30, 1987.
(3) Banks and trust and loan corporations.
7 Apportionment of tax.
(2) Ceasing to have permanent establishment
8 Capital of resident corporations.
(2) Certain accounts excluded.
(3) Exclusion of wholesale paper.
(4) Capital of banks.
(5) Capital of trust and loan corporations.
9 Capital of non-resident corporations.
(2) Certain accounts excluded.
(3) Exclusions from paid up capital.
10 Deductions from paid up capital.
(2) Non-resident corporation.
(3) Meaning of "other intangible things".
(4) Certain trade accounts excluded.
11 Artificial transactions.
12 Exemption.
(2) Non-application of subsec. (1).
13 Exemption for credit unions.
(2) Corporations exempt from income tax.
(3) Crown corporations.
14 Notch.
(2) Non-application of subsec. (1).
15 Deduction.
(2) Surtax deduction.
(3) Banks and trust and loan corporations.
16 No payments less than $1.
17 Remittance of tax and returns.
(2) Instalments for corporations 1987-88.
(3) Trust and loan corporations 1987-88.
18 Verification of return.
19 Minister may require return.
(2) Extension of time for return.
20 Return by trustee.
21 Change in fiscal year.
22 Taxes debt.
(2) Interest on debt.
(3) Interest on refunds.
23 Who is a debtor.
(2) Equivalent expressions.
(3) Where court action commenced.
(4) Application by alleged debtor.
(5) Order of restitution.
24 Exercise of power to recover debt.
25 Lien on personal property.
(2) Certificates of debts and registration.
(3) Realization of lien.
(4) Effect of failure to proceed.
(5) Lien on bankruptcy proceedings.
26 Minister may order payment.
(2) Discharge of liability to debtor.
(3) Liability to pay under demand.
(4) Personal service.
(5) Service of demand in business name.
(6) Service of demand on partnership.
27 Warrant against personal property.
(2) Sale of goods by auction.
(3) Notice of sale.
(4) Sale of perishable goods.
(5) Disposal of surplus.
28 Demand if debtor is leaving Manitoba.
(2) Seizure of goods upon non-payment.
(3) Certificate to authorize seizure.
(4) Sale of goods seized.
29 Failure to file return.
(2) Failure to pay tax or instalments.
(3) Return not binding.
30 Requirement of additional information.
(2) Failure to supply information.
31 Right to inspect.
(2) Warrant to enter and seize.
(3) Copies as evidence.
(4) Return of books.
(5) Extension by judge.
(6) Decision final.
(7) Where extension rejected.
32 Information confidential.
(2) Reciprocal exchange of information.
(3) Notice of arrangements.
33 Books and records to be available.
(2) Order as to books and records.
(3) Failure to comply with order.
34 Assessment.
(2) Assessment where records inadequate.
(3) Notice of assessment.
(4) Evidence of serving notice.
(5) Right to re-assess.
35 Appeal to minister.
(2) Form of notice of appeal.
(3) Minister to consider appeal.
36 Appeal to Queen's Bench.
(2) Form of appeal.
(3) Continuation of action.
(4) Manner of disposal of appeal.
37 Assessment not affected by irregularity.
(2) Effect of appeal.
38 Refund of overpayment.
(2) Time limit on refund.
39 Evasion of tax.
40 Failure to produce records.
(2) Obstructing inspections.
41 Failure to obey Act an offence.
42 Penalty.
43 Officers as parties to offence.
(2) Acts of agent deemed acts of principal.
44 Limitation on prosecution.
45 Continuing offence.
46 Notices.
(2) Time of service.
47 Onus of proof.
48 Affidavit of director.
49 Delegation of powers by director.
50 Tax paid to Consolidated Fund.
51 Regulations.
(2) Effect of Regulations Act.
(3) Retroactive regulations.