GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 60.03
t any time during which the pensioner was married to, or was in a common-law partnership with, the pension transferee; and C is the number of months in the pensioner’s taxation year. ( montant de pension fractionné ) Effect of pension income split (2) For the purpose of subsection 118(3), if a pensioner and a pension transferee have made a joint election in a taxation year, (a) the pensioner is deemed not to have received the portion of the pensioner’s pension income, qualified pension income or an amount described in subparagraph (c)(i) of the definition eligible pension income in subsection (1), as the case may be, for the taxation year that is equal to the amount of the pensioner’s split-pension amount for that taxation year; and (b) the pension transferee is deemed to have received the split-pension amount (i) as pension income, to the extent that the split-pension amount was pension income to the pensioner, (ii) as qualified pension income, to the extent that the split-pension amount was qualified pension income to the pensioner, and (iii) as an amount described in subparagraph (c)(i) of the definition eligible pension income in subsection (1) to the extent that the split-pension amount was received by the pensioner as an amount described in subparagraph (c)(i) of that definition, if the pension transferee has attained the age of 65 years before the end of the taxation year. Limitation (3) A pensioner may file only one joint election for a particular taxation year. False declaration (4) A joint election is invalid if the Minister establishes that a pensioner or a pension transferee has knowingly or under circumstances amounting to gross negligence made a false declaration in the joint election. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2007, c. 29, s. 5; 2012, c. 31, s. 14; 2017, c. 33, s. 16 2018, c. 12, s. 4 2023, c. 26, s. 12
Income Tax Act — I-3.3 (a)
eligible pension income , of an individual for a taxation year, means the total of (a) the eligible pension income (as defined in subsection 118(7)) of the individual for the year, (b) if the individual has attained the age of 65 years before the end of the year, the lesser of (i) the total of all amounts each of which is a payment made in the year to the individual (A) out of or under a retirement compensation arrangement that provides benefits that supplement the benefits provided under a registered pension plan (other than an individual pension plan for the purposes of Part LXXXIII of the Income Tax Regulations ), and (B) in respect of a life annuity that is attributable to periods of employment for which benefits are also provided to the individual under the registered pension plan, (ii) the amount, if any, by which the defined benefit limit (as defined in subsection 8500(1) of the Income Tax Regulations ) for the year multiplied by 35 exceeds the amount determined under paragraph (a), and (c) the lesser of (i) the total of all amounts received by the individual in the year on account of (A) a retirement income security benefit payable to the individual under Part 2 of the Veterans Well-being Act , or (B) an income replacement benefit payable to the individual under Part 2 of the Veterans Well-being Act , if the amount is determined under subsection 19.1(1), paragraph 23(1)(b) or subsection 26.1(1) of that Act (as modified, where applicable, under Part 5 of that Act), and (ii) the amount, if any, by which the defined benefit limit (as defined in subsection 8500(1) of the Income Tax Regulations ) for the year multiplied by 35 exceeds the total of the amounts determined under paragraphs (a) and (b). ( revenu de pension déterminé )
Income Tax Act — I-3.3
joint election in respect of a pensioner and a pension transferee for a taxation year means an election made jointly in prescribed form by the pensioner and the pension transferee and filed with the Minister with both the pensioner’s and the pension transferee’s returns of income for the taxation year in respect of which the election is made, on or before their respective filing-due dates for the taxation year. ( choix conjoint )
Income Tax Act — I-3.3 (a)
pensioner for a taxation year means an individual who (a) receives eligible pension income in the taxation year; and (b) is resident in Canada, (i) if the individual dies in the taxation year, at the time that is immediately before the individual’s death, or (ii) in any other case, at the end of the calendar year in which the taxation year ends. ( pensionné )
Income Tax Act — I-3.3
pension income has the meaning assigned by section 118. ( revenu de pension )
Income Tax Act — I-3.3 (a)
pension transferee for a taxation year means an individual who (a) is resident in Canada, (i) if the individual dies in the taxation year, at the time that is immediately before the individual’s death, or (ii) in any other case, at the end of the calendar year in which the taxation year ends; and (b) at any time in the taxation year is married to, or in a common-law partnership with, a pensioner and is not, by reason of the breakdown of their marriage or common-law partnership, living separate and apart from the pensioner at the end of the taxation year and for a period of at least 90 days commencing in the taxation year. ( cessionnaire )
Income Tax Act — I-3.3
qualified pension income has the meaning assigned by section 118. ( revenu de pension admissible )
Income Tax Act — I-3.3
split-pension amount for a taxation year is the amount elected by a pensioner and a pension transferee in a joint election for the taxation year not exceeding the amount determined by the formula 0.5A × B/C where A is the eligible pension income of the pensioner for the taxation year; B is the number of months in the pensioner’s taxation year at any time during which the pensioner was married to, or was in a common-law partnership with, the pension transferee; and C is the number of months in the pensioner’s taxation year. ( montant de pension fractionné )
Income Tax Act — I-3.3 60.1
 60. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 60.1; 1994, c. 7, Sch. VIII, s. 22, c. 21, s. 135; 1997, c. 25, s. 11; 1998, c. 19, s. 100(F); 2000, c. 12, s. 142; 2001, c. 17, s. 240(F); 2005, c. 33, s. 11; 2013, c. 34, s. 109, c. 40, s. 28(F)
Income Tax Act — I-3.3 60.11
60.11 [Repealed, 2013, c. 40, s. 29] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 60.11; 2013, c. 40, s. 29
Income Tax Act — I-3.3 60.2
Refund of undeducted past service AVCs 60.2 (1) There may be deducted in computing a taxpayer’s income for a taxation year an amount equal to the total of (a) where the taxation year ends before 1991, the total of all amounts each of which is that portion of an amount paid to the taxpayer before 1991 and included by reason of subparagraph 56(1)(a)(i) or paragraph 56(1)(h) or 56(1)(t) in computing the taxpayer’s income for the year or a preceding taxation year that can reasonably be considered to be a refund of additional voluntary contributions made by the taxpayer before October 9, 1986 to a registered pension plan for the taxpayer’s benefit in respect of services rendered by the taxpayer before the year in which the contributions were made, to the extent that the contributions were not deducted in computing the taxpayer’s income for any taxation year; and (b) the least of (i) $3,500, (ii) the total of all amounts each of which is an amount included after 1986 by reason of subparagraph 56(1)(a)(i) or paragraph 56(1)(d.2), 56(1)(h) or 56(1)(t) in computing the taxpayer’s income for the year, and (iii) the balance of the annuitized voluntary contributions of the taxpayer at the end of the year. Definition of balance of the annuitized voluntary contributions (2) For the purposes of subsection 60.2(1), balance of the annuitized voluntary contributions of a taxpayer at the end of a taxation year means the amount, if any, by which (a) such part of the total of all amounts each of which is an additional voluntary contribution made by the taxpayer to a registered pension plan before October 9, 1986 in respect of services rendered by the taxpayer before the year in which the contribution was made, to the extent that the contribution was not deducted in computing the taxpayer’s income for any taxation year, as may reasonably be considered as having been (i) used before October 9, 1986 to acquire or provide an annuity for the taxpayer’s benefit under a registered pension plan or registered retirement savings plan, or (ii) transferred before October 9, 1986 to a registered retirement income fund under which the taxpayer was the annuitant (within the meaning assigned by subsection 146.3(1)) at the time of the transfer exceeds (b) the total of all amounts each of which is (i) an amount deducted under paragraph 60.2(1)(b) in computing the taxpayer’s income for a preceding taxation year, or (ii) an amount deducted under paragraph 60.2(1)(a) in computing the taxpayer’s income for the year or a preceding taxation year, to the extent that the amount can reasonably be considered to be in respect of a refund of additional voluntary contributions included in determining the total under paragraph 60.2(2)(a). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1990, c. 35, s. 6
Income Tax Act — I-3.3 61
uaranteed term not exceeding the number of years that is the lesser of (A) 15, and (B) 85 minus the age of the individual at the time the annuity payments commence, or (ii) an annuity to the individual for a guaranteed term described in subparagraph (i), or (b) in consideration of a single payment in respect of the individual’s 1981 taxation year, other than a qualifying payment, made by the individual as consideration under the contract, that person makes all payments provided for under the contract to the individual before 1983 and under which no payments are provided except the single payment by the individual and, (c) in respect of a contract referred to in paragraph (a), equal annuity payments that are to be made annually or at more frequent periodic intervals, or (d) in respect of a contract referred to in paragraph (b), payments described therein to the individual; ( contrat de rente à versements invariables ) qualifying payment means a single payment made before November 13, 1981 (or made on or after November 13, 1981 pursuant to an agreement in writing entered into before that date to make such a payment in respect of the individual’s 1981 taxation year, or pursuant to an arrangement in writing made before that date to have funds withheld before 1982 from any of the individual’s remuneration described in paragraph 61(1)(b) earned or received before November 13, 1981 and paid by or on behalf of the individual). ( paiement admissible ) [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1970-71-72, c. 63, s. 1 “61”; 1973-74, c. 14, s. 17, c. 30, s. 5; 1974-75-76, c. 26, s. 32; 1976-77, c. 4, s. 18; 1977-78, c. 1, ss. 26, 101(F); 1979, c. 5, s. 18; 1980-81-82-83, c. 48, s. 31, c. 140, s. 30
Income Tax Act — I-3.3
annual annuity amount of an individual in respect of an income-averaging annuity contract means the total of the equal payments described in paragraph (c) of the definition income-averaging annuity contract in this subsection that, under the contract, are receivable by the individual in the twelve month period commencing on the day that the first such payment under the contract becomes receivable by the individual; ( montant annuel de la rente )
Income Tax Act — I-3.3 (a)
income-averaging annuity contract of an individual means a contract between the individual and a person licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada an annuities business or a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee, under which (a) in consideration of a qualifying payment as consideration under the contract, that person agrees to pay to the individual, commencing at a time not later than 10 months after the individual has made the qualifying payment, (i) an annuity to the individual for the individual’s life, with or without a guaranteed term not exceeding the number of years that is the lesser of (A) 15, and (B) 85 minus the age of the individual at the time the annuity payments commence, or (ii) an annuity to the individual for a guaranteed term described in subparagraph (i), or (b) in consideration of a single payment in respect of the individual’s 1981 taxation year, other than a qualifying payment, made by the individual as consideration under the contract, that person makes all payments provided for under the contract to the individual before 1983 and under which no payments are provided except the single payment by the individual and, (c) in respect of a contract referred to in paragraph (a), equal annuity payments that are to be made annually or at more frequent periodic intervals, or (d) in respect of a contract referred to in paragraph (b), payments described therein to the individual; ( contrat de rente à versements invariables )
Income Tax Act — I-3.3
qualifying payment means a single payment made before November 13, 1981 (or made on or after November 13, 1981 pursuant to an agreement in writing entered into before that date to make such a payment in respect of the individual’s 1981 taxation year, or pursuant to an arrangement in writing made before that date to have funds withheld before 1982 from any of the individual’s remuneration described in paragraph 61(1)(b) earned or received before November 13, 1981 and paid by or on behalf of the individual). ( paiement admissible )
Income Tax Act — I-3.3 61.1
Where income-averaging annuity contract ceases to be such 61.1 (1) Where a contract that was at any time an income-averaging annuity contract of an individual has, at a subsequent time, ceased to be an income-averaging annuity contract otherwise than by virtue of the surrender, cancellation, redemption, sale or the disposition thereof, the individual shall be deemed to have received at that subsequent time as proceeds of the disposition of an income-averaging annuity contract an amount equal to the fair market value of the contract at that subsequent time and to have acquired the contract, as another contract not being an income-averaging annuity contract, immediately thereafter at a cost to the individual equal to that fair market value. Where annuitant dies and payments continued (2) Where an individual who was an annuitant under an income-averaging annuity contract has died and payments are subsequently made under that contract, the payments shall be deemed to be payments under an income-averaging annuity contract. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1976-77, c. 4, s. 19
Income Tax Act — I-3.3 61.2
Reserve for debt forgiveness for resident individuals 61.2 There may be deducted in computing the income for a taxation year of an individual (other than a trust) resident in Canada throughout the year such amount as the individual claims not exceeding the amount determined by the formula A + B - 0.2(C - $40,000) where A is the amount, if any, by which (a) the total of all amounts each of which is an amount that, because of the application of section 80 to an obligation payable by the individual (or a partnership of which the individual was a member) was included under subsection 80(13) in computing the income of the individual for the year or the income of the partnership for a fiscal period that ends in the year (to the extent that, where the amount was included in computing income of a partnership, it relates to the individual’s share of that income) exceeds (b) the total of all amounts deducted because of paragraph 80(15)(a) in computing the individual’s income for the year, B is the amount, if any, included under section 56.2 in computing the individual’s income for the year, and C is the greater of $40,000 and the individual’s income for the year, determined without reference to this section, paragraph 20(1)(ww), section 56.2, paragraph 60(w), subsection 80(13) and paragraph 80(15)(a). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1995, c. 21, s. 20; 2000, c. 19, s. 8
Income Tax Act — I-3.3 61.3
 earned in Canada for the year if that amount were determined without reference to this section and section 61.4 exceeds (ii) the amount determined under paragraph 61.3(2)(a) in respect of the corporation for the year. Anti-avoidance (3) Subsections 61.3(1) and 61.3(2) do not apply to a corporation for a taxation year where property was transferred in the 12-month period preceding the end of the year or the corporation became indebted in that period and it can reasonably be considered that one of the reasons for the transfer or the indebtedness was to increase the amount that the corporation would, but for this subsection, be entitled to deduct under subsection 61.3(1) or 61.3(2). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1995, c. 21, s. 20; 1998, c. 19, s. 101; 2010, c. 12, s. 2108
Income Tax Act — I-3.3 62
eater certainty, does not include costs (other than costs referred to in paragraph 62(3)(f)) incurred by the taxpayer in respect of the acquisition of the new residence. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 62; 1998, c. 19, s. 102; 1999, c. 22, s. 17; 2000, c. 12, s. 142; 2009, c. 2, s. 16; 2017, c. 33, s. 17
Income Tax Act — I-3.3 63
xpenses paid for a child’s attendance at a boarding school or camp outside Canada) shall be deemed to be child care expenses for the purpose of this section if the child care services are provided at a place that is closer to the person’s principal place of residence by a reasonably accessible route, having regard to the circumstances, than any place in Canada where such child care services are available and, in respect of those expenses, subsection 63(1) shall be read without reference to the words “and contains, where the payee is an individual, that individual’s Social Insurance Number”. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 63; 1994, c. 7, Sch. II, s. 36, Sch. VII, s. 3, Sch. VIII, s. 23, c. 21, s. 27; 1996, c. 23, s. 173; 1997, c. 25, s. 12; 1998, c. 19, ss. 10, 103; 1999, c. 22, s. 18; 2000, c. 12, s. 142, c. 19, s. 9; 2001, c. 17, s. 42; 2007, c. 2, s. 8; 2013, c. 34, s. 198; 2015, c. 36, s. 29; 2017, c. 33, s. 18 2021, c. 23, s. 10 2023, c. 26, s. 13(F)
Income Tax Act — I-3.3 (a)
annual child care expense amount , in respect of an eligible child of a taxpayer for a taxation year, means (a) $11,000, if the child is a person in respect of whom an amount may be deducted under section 118.3 in computing a taxpayer’s tax payable under this Part for the year, and (b) if the child is not a person referred to in paragraph (a), (i) $8,000, if the child is under 7 years of age at the end of the year, and (ii) $5,000, in any other case; ( montant annuel de frais de garde d’enfants )
Income Tax Act — I-3.3 (a)
child care expense means an expense incurred in a taxation year for the purpose of providing in Canada, for an eligible child of a taxpayer, child care services including baby sitting services, day nursery services or services provided at a boarding school or camp if the services were provided (a) to enable the taxpayer, or the supporting person of the child for the year, who resided with the child at the time the expense was incurred, (i) to perform the duties of an office or employment, (ii) to carry on a business either alone or as a partner actively engaged in the business, (iii) [Repealed, 1996, c. 23, s. 173] (iv) to carry on research or any similar work in respect of which the taxpayer or supporting person received a grant, or (v) to attend a designated educational institution or a secondary school, where the taxpayer is enrolled in a program of the institution or school of not less than three consecutive weeks duration that provides that each student in the program spend not less than (A) 10 hours per week on courses or work in the program, or (B) 12 hours per month on courses in the program, and (b) by a resident of Canada other than a person (i) who is the father or the mother of the child, (ii) who is a supporting person of the child or is under 18 years of age and related to the taxpayer, or (iii) in respect of whom an amount is deducted under section 118 in computing the tax payable under this Part for the year by the taxpayer or by a supporting person of the child, except that (c) any such expenses paid in the year for a child’s attendance at a boarding school or camp to the extent that the total of those expenses exceeds the product obtained when the periodic child care expense amount in respect of the child for the year is multiplied by the number of weeks in the year during which the child attended the school or camp, and (d) for greater certainty, any expenses described in subsection 118.2(2) and any other expenses that are paid for medical or hospital care, clothing, transportation or education or for board and lodging, except as otherwise expressly provided in this definition, are not child care expenses; ( frais de garde d’enfants )
Income Tax Act — I-3.3 (a)
earned income of a taxpayer means the total of (a) all salaries, wages and other remuneration, including gratuities, received by the taxpayer in respect of in the course of, or because of, offices and employments, (b) all amounts that are included, or that would, but for paragraph 81(1)(a) or subsection 81(4), be included, because of section 6 or 7 or paragraph 56(1) (n), (n.1), (o) or (r), in computing the taxpayer’s income, (c) all the taxpayer’s incomes or the amounts that would, but for paragraph 81(1)(a), be the taxpayer’s incomes from all businesses carried on either alone or as a partner actively engaged in the business, and (d) all amounts received by the taxpayer as, on account of, in lieu of payment of or in satisfaction of, a disability pension under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act; ( revenu gagné )
Income Tax Act — I-3.3 (a)
eligible child of a taxpayer for a taxation year means (a) a child of the taxpayer or of the taxpayer’s spouse or common-law partner, or (b) a child dependent on the taxpayer or the taxpayer’s spouse or common-law partner for support and whose income for the year does not exceed the amount determined for F in subsection 118(1.1) for the year if at any time during the year, the child (c) is under 16 years of age, or (d) is dependent on the taxpayer or on the taxpayer’s spouse or common-law partner and has a mental or physical infirmity; ( enfant admissible )
Income Tax Act — I-3.3
periodic child care expense amount , in respect of an eligible child of a taxpayer for a taxation year, means 1/40 of the annual child care expense amount in respect of the child for the year; ( montant périodique de frais de garde d’enfants )
Income Tax Act — I-3.3 (a)
supporting person of an eligible child of a taxpayer for a taxation year means a person, other than the taxpayer, who is (a) a parent of the child, (b) the taxpayer’s spouse or common-law partner, or (c) an individual who deducted an amount under section 118 for the year in respect of the child if the parent, spouse or common-law partner or individual, as the case may be, resided with the taxpayer at any time during the year and at any time within 60 days after the end of the year. ( personne assumant les frais d’entretien )