Income Tax Act — I-3.3 56
 spouse or common-law partner at the end of the taxation year is equal to or greater than the income of the taxpayer for the taxation year; (b) the taxpayer’s cohabiting spouse or common-law partner at the end of the taxation year, if the income of the cohabiting spouse or common-law partner for the taxation year is greater than the taxpayer’s income for the taxation year; or (c) an individual who makes a designation under subsection (6.1) in respect of the taxpayer for the taxation year. Designation (6.1) If, at the end of the taxation year, a taxpayer does not have a cohabiting spouse or common-law partner (within the meaning assigned by section 122.6), the taxpayer may designate, in the taxpayer’s return of income for the taxation year, the total of all amounts, each of which is a benefit received in the taxation year by the taxpayer under section 4 of the Universal Child Care Benefit Act , to be income of (a) if the taxpayer deducts an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of an individual, the individual; or (b) in any other case, a child who is a qualified dependant (as defined in section 2 of the Universal Child Care Benefit Act ) of the taxpayer. (7) [Repealed, 1994, c. 7, Sch. VII, s. 1] CPP/QPP and UCCB amounts for previous years (8) Notwithstanding subsections (1) and (6), if (a) one or more amounts (i) are received by an individual (other than a trust) in a taxation year as, on account of, in lieu of payment of or in satisfaction of, any benefit under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act, or (ii) would be, but for this subsection, included in computing the income of an individual for a taxation year under subsection (6), and (b) a portion, not less than $300, of the total of those amounts relates to one or more preceding taxation years, that portion shall, at the option of the individual, not be included in the individual’s income. Meaning of income for the year (9) For the purposes of paragraphs 56(1)(s) and 56(1)(u), income for the year of a person means the amount that would, but for those paragraphs, paragraphs 60(v.1) and 60(w) and section 63, be the income of that person for the year. Meaning of income (9.1) For the purposes of subsection (6), income of a person for a taxation year means the amount that would, in the absence of that subsection, paragraphs (1)(s) and (u) and 60(v.1), (w) and (y) and section 63, be the income of the person for the taxation year. Severability of retirement compensation arrangement (10) Where a retirement compensation arrangement is part of a plan or arrangement (in this subsection referred to as the “plan”) under which amounts not related to the retirement compensation arrangement are payable or provided, for the purposes of this Act, other than this subsection, (a) the retirement compensation arrangement shall be deemed to be a separate arrangement independent of other parts of the plan of which it is a part; and (b) subject to subsection 6(14), amounts paid out of or under the plan shall be deemed to have first been paid out of the retirement compensation arrangement unless a provision in the plan otherwise provides. Disposition of property by RCA trust (11) For the purposes of paragraphs 56(1)(x) and 56(1)(z), where, at any time in a year, a trust governed by a retirement compensation arrangement (a) disposes of property to a person for consideration less than the fair market value of the property at the time of the disposition, or for no consideration, (b) acquires property from a person for consideration greater than the fair market value of the property at the time of the acquisition, or (c) permits a person to use or enjoy property of the trust for no consideration or for consideration less than the fair market value of such use or enjoyment, the amount, if any, by which the fair market value differs from the consideration or, i