Income Tax Act — I-3.3 146
vidual, and (b) if the transfer is in respect of a spouse or common-law partner or former spouse or common-law partner of the individual, (i) the individual and the spouse or common-law partner or former spouse or common-law partner are living separate and apart and the transfer is made under a decree, order or judgment of a competent tribunal, or under a written separation agreement, relating to a division of property in settlement of rights arising out of, or on the breakdown of, their marriage or common-law partnership, or (ii) the amount is transferred as a consequence of the individual’s death, the following rules apply: (c) the amount shall not, solely because of the transfer, be included because of subparagraph 56(1)(a)(i) in computing the income of a taxpayer, and (d) no deduction may be made under any provision of this Act in respect of the transfer in computing the income of a taxpayer. Specified pension plan — contribution (21.1) For the purposes of this section, paragraphs 18(11)(b), 60(j), (j.1) and (l), 74.5(12)(a), 146.01(3)(a) and 146.02(3)(a) and Parts X.1 and X.5, and for the purposes of section 214.1 of the Income Tax Regulations , a contribution made by an individual to an account of the individual, or of the individual’s spouse or common-law partner, under a specified pension plan is deemed to be a premium paid by the individual to a registered retirement savings plan under which the individual, or the individual’s spouse or common-law partner, as the case may be, is the annuitant. Specified pension plan — account (21.2) For the purposes of paragraph (8.2)(b), subsection (8.21), paragraphs (16)(a) and (b) and 18(1)(u), section 60.011, subparagraph (a)(i) of the definition excluded right or interest in subsection 128.1(10), paragraph (b) of the definition excluded premium in subsection 146.01(1), paragraph (c) of the definition excluded premium in subsection 146.02(1), subsections 146.3(14) and 147(19), section 147.3 and paragraphs 147.5(21)(c) and 212(1)(j.1) and (m) and for the purposes of any regulations made under subsection 147.1(18), an individual’s account under a specified pension plan is deemed to be a registered retirement savings plan under which the individual is the annuitant. Specified pension plan — payment (21.3) For the purposes of subsections (8.3) to (8.7), a payment received by an individual from a specified pension plan is deemed to be a payment received by the individual from a registered retirement savings plan. Deemed payment of RRSP premiums (22) If the Minister so directs, (a) except for the purposes of subparagraphs (5)(a)(iv.1) and (5.1)(a)(iv), an amount paid by an individual in a taxation year (other than an amount paid in the first 60 days of the year) as a premium is deemed to have been paid at the beginning of the year and not at the time it was actually paid; (b) all or part of the amount may be designated in writing by the individual for the purpose of paragraph 60(j), (j.1) or (l) or subsection 146.01(3) or 146.02(3); and (c) the designation is deemed to have been made in the individual’s return of income for the preceding taxation year or in a prescribed form filed with that return, as the case may be. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 146; 1994, c. 7, Sch. II, s. 117, Sch. VII, s. 13, Sch. VIII, s. 82, c. 21, ss. 69, 136; 1995, c. 3, s. 43; 1996, c. 21, s. 34; 1997, c. 25, s. 41; 1998, c. 19, ss. 37, 170; 1999, c. 22, s. 59; 2000, c. 12, ss. 135(F), 142, c. 19, s. 42; 2001, c. 17, ss. 139, 246(E); 2003, c. 15, s. 82; 2007, c. 29, s. 17; 2009, c. 2, s. 51; 2011, c. 24, s. 45; 2012, c. 31, s. 32; 2013, c. 34, ss. 137, 296; 2014, c. 39, s. 50; 2016, c. 12, s. 52; 2017, c. 33, s. 56 2019, c. 29, s. 26 2021, c. 23, s. 31 2022, c. 10, s. 15 2022, c. 19, s. 29 2023, c. 26, s. 37 2024, c. 17, s. 48 2026, c. 3, s. 66(F)