Income Tax Regulations — 8307
for the purposes of any other certification, or (ii) deducted under section 60.2 or subsection 146(8.2) or 147.3(13.1) of the Act in computing the individual’s income for any taxation year. PSPA Withdrawals (5) For the purposes of the description of C in paragraph (2)(b) and the description of G in the definition net past service pension adjustment in subsection 146(1) of the Act, the amount of an individual’s PSPA withdrawals for a calendar year, determined as of a particular time, is (a) if the Minister has issued, in the year and before the particular time, a certification for the purposes of subsection 147.1(10) of the Act with respect to the individual, the aggregate of all amounts each of which is the amount of the individual’s qualifying withdrawals made for the purposes of a certification that the Minister has issued in the year and before the particular time; and (b) in any other case, nil. Prescribed Withdrawal (6) For the purposes of subsection (7) and subsections 146(8.2) and 147.3(13.1) of the Act, a prescribed withdrawal is the portion of an amount withdrawn by an individual from a registered retirement savings plan under which the individual is the annuitant (within the meaning assigned by subsection 146(1) of the Act) that is designated in accordance with subparagraph (3)(a)(ii) for the purposes of a certification in respect of the individual. Prescribed Premium (7) For the purpose of subsection 146(6.1) of the Act, a premium paid by a taxpayer under a registered retirement savings plan under which the taxpayer is the annuitant (within the meaning assigned by subsection 146(1) of the Act) at the time the premium is paid is a prescribed premium for a particular taxation year of the taxpayer where the following conditions are satisfied: (a) the taxpayer withdrew an amount (in this subsection referred to as the “withdrawn amount”) in the particular year from a registered retirement savings plan for the purposes of a certification in respect of a past service event; (b) all or part of the withdrawn amount is a prescribed withdrawal pursuant to subsection (6); (c) it is subsequently determined that (i) as a consequence of reasonable error, the taxpayer withdrew a greater amount than necessary for the purposes of the certification, or (ii) as a consequence of the application of paragraph 147.1(3)(b) of the Act, it was not necessary for the taxpayer to withdraw any amount; (d) the premium is paid by the taxpayer in the 12-month period immediately following the time the determination referred to in paragraph (c) is made; (e) if the individual subsequently pays all or a part of the contribution to the plan pursuant to the commitment, the amount paid to the plan is, for the purposes of paragraphs 8301(4)(a) and (8)(e), a contribution described in this paragraph, (f) the taxpayer files with the Minister, on or before the day on or before which the taxpayer is required (or would be required if tax under Part I of the Act were payable by the taxpayer for the taxation year in which the taxpayer pays the premium) by section 150 of the Act to file a return of income for the taxation year in which the taxpayer pays the premium, a written notice in which the taxpayer designates the premium as a recontribution of all or a portion of the withdrawn amount; and (g) if an employer subsequently pays to the plan all or a part of a contribution in respect of which paragraph (f) applies, the amount paid to the plan is, for the purposes of paragraph 8301(4)(a), a contribution described in this paragraph. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/92-51, s. 7; SOR/99-9, s. 9; SOR/2001-67, s. 4