Income Tax Act — I-3.3 60
which the taxpayer is the annuitant and included because of subsection 146.3(5) in computing the taxpayer’s income for the year exceeds (II) the amount, if any, by which the minimum amount (within the meaning assigned by subsection 146.3(1)) under the fund for the year exceeds the total of all amounts received out of or under the fund in the year by an individual who was an annuitant under the fund before the taxpayer became the annuitant under the fund and that were included because of subsection 146.3(5) in computing that individual’s income for the year, and (vi) was not deducted in computing the taxpayer’s income for a preceding taxation year; (m) such amount in respect of payments to a registered disability savings plan as is permitted under section 60.02; Succession duties applicable to certain property (m.1) that proportion of any superannuation or pension benefit, death benefit, benefit under a registered retirement savings plan, benefit under a deferred profit sharing plan or benefit that is a payment under an income-averaging annuity contract, received by the taxpayer in the year, on or after the death of a predecessor, in payment of or on account of property to which the taxpayer is the successor, that (i) such part of any succession duties payable under a law of a province in respect of the death of the predecessor as may reasonably be regarded as attributable to the property in payment of or on account of which the benefit was so received, is of (ii) the value of the property in payment of or on account of which the benefit was so received, as computed for the purposes of the law referred to in subparagraph 60(m.1)(i); Repayment of pension or benefits (n) any amount paid by the taxpayer in the year as a repayment (otherwise than because of Part VII of the Employment Insurance Act or section 8 of the Canada Recovery Benefits Act ) of any of the following amounts to the extent that the amount was included in computing the taxpayer’s income, and not deducted in computing the taxpayer’s taxable income, for the year or for a preceding taxation year, namely, (i) a pension described in clause 56(1)(a)(i)(A), (ii) a benefit described in clause 56(1)(a)(i)(B), (iii) an amount described in subparagraph 56(1)(a)(ii), (iv) a benefit described in subparagraph 56(1)(a)(iv), (v) a benefit described in subparagraph 56(1)(a)(vi), (v.1) a benefit described in subparagraph 56(1)(a)(vii), and (vi) an amount described in paragraph 56(1)(r); Repayment of pension benefits (n.1) an amount paid by the taxpayer in the year to a pooled registered pension plan or registered pension plan if (i) the taxpayer is an individual, (ii) the amount is paid as (A) a repayment of an amount received from the plan that was included in computing the taxpayer’s income for the year or a preceding year, if (I) it is reasonable to consider that the amount was paid under the plan as a consequence of an error and not as an entitlement to benefits, or (II) it was subsequently determined that, as a consequence of a settlement of a dispute in respect of the taxpayer’s employment, the taxpayer was not entitled to the amount, or (B) interest in respect of a repayment described in clause (A), and (iii) no portion of the amount is deductible under any of paragraph 8(1)(m) and subsections 146(5) to (5.2) in computing the taxpayer’s income for the year; Amounts repaid in subsequent years (n.2) any amount paid by the taxpayer in a year (in this paragraph referred to as the “subsequent year”) that is after the year as a repayment of an amount that was included in computing the taxpayer’s income for the year under any of subparagraphs 56(1)(a)(i), (ii), (iv), (vi) or (vii) or paragraph 56(1)(r), to the extent that the amount paid (i) exceeds the taxpayer’s taxable income for the subsequent year (determined without reference to paragraphs (n), (n.1) and (v.1)), and (ii) is not deducted in computing the taxpayer’s taxable income for any other taxation year; Legal Expenses (o