Income Tax Act — I-3.3 146.02
or ceased to be resident in Canada in the particular year, or (ii) the beginning of the particular year is not included in a repayment period of the individual, and (b) in any other case, the total of all eligible amounts received by the individual in preceding taxation years (other than taxation years in participation periods of the individual that ended before the particular year); B is (a) nil, if the particular year is the first taxation year in a repayment period of the individual, and (b) in any other case, the total of all amounts designated under subsection (3) by the individual for preceding taxation years (other than taxation years in participation periods of the individual that ended before the particular year); C is the total of all amounts each of which is included under this subsection or subsection (5) in computing the individual’s income for a preceding taxation year (other than a taxation year included in a participation period of the individual that ended before the particular year); D is the lesser of nine and the number of taxation years of the individual that end in the period that (a) begins at the beginning of the individual’s last repayment period that began at or before the beginning of the particular year, and (b) ends at the beginning of the particular year; and E is (a) if the particular year is the first taxation year within a repayment period of the individual, the total of the amount designated under subsection (3) by the individual for the particular year and all amounts so designated for preceding taxation years (other than taxation years in participation periods of the individual that ended before the particular year), and (b) in any other case, the amount designated under subsection (3) by the individual for the particular year. Ceasing residence in Canada (5) If at any time in a taxation year an individual ceases to be resident in Canada, there shall be included in computing the individual’s income for the period in the year during which the individual was resident in Canada the amount, if any, by which (a) the total of all amounts each of which is an eligible amount received by the individual in the year or a preceding taxation year exceeds the total of (b) all amounts designated under subsection (3) by the individual in respect of amounts paid not later than 60 days after that time and before the individual files a return of income for the year, and (c) all amounts included under subsection (4) or this subsection in computing the individual’s income for preceding taxation years. Death of individual (6) If an individual dies at any time in a taxation year, there shall be included in computing the individual’s income for the year the amount, if any, by which (a) the individual’s LLP balance immediately before that time exceeds (b) the amount designated under subsection (3) by the individual for the year. Exception (7) If a spouse or common-law partner of an individual was resident in Canada immediately before the individual’s death at a particular time in a taxation year and the spouse or common-law partner and the individual’s legal representatives jointly so elect in writing in the individual’s return of income for the year, (a) subsection (6) does not apply to the individual; (b) the spouse or common-law partner is deemed to have received a particular eligible amount at the particular time equal to the amount that, but for this subsection, would be determined under subsection (6) in respect of the individual; (c) subject to paragraph (d), for the purpose of applying this section after the particular time, the spouse or common-law partner is deemed to be the person designated under paragraph (b) of the definition eligible amount in subsection (1) in respect of the particular amount; and (d) where the spouse or common-law partner received an eligible amount before the particular time in the spouse’s or common-law partner’s participation period that included the particular time and the parti