Income Tax Act — I-3.3 122.7
t, if any, determined by the formula C - D where C is the lesser of $720 and 27% of the amount, if any, by which the individual’s working income for the taxation year exceeds $1,150; and D is (a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the individual’s adjusted net income for the taxation year exceeds $32,244, (b) if the individual had an eligible spouse for the taxation year who was not entitled to deduct an amount under subsection 118.3(1) for the taxation year, or had an eligible dependant for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $42,197, and (c) if the individual had an eligible spouse for the taxation year who was entitled to deduct an amount under subsection 118.3(1) for the taxation year, 7.5% of the amount, if any, by which the total of the adjusted net incomes of the individual and of the eligible spouse, for the taxation year, exceeds $42,197. (4) [Repealed, 2023, c. 26, s. 30] Only one eligible individual (5) If an eligible individual has an eligible spouse for a taxation year and both those individuals would be, but for this subsection, eligible individuals for the purposes of subsection (2) in respect of the taxation year, (a) if the individuals agree on which individual is the eligible individual for the taxation year, only that individual shall be an eligible individual for the purposes of subsection (2) in respect of the taxation year; and (b) in any other case, only the individual that the Minister designates is the eligible individual for the purposes of subsection (2) in respect of the taxation year. (6) [Repealed, 2023, c. 26, s. 30] (7) [Repealed, 2023, c. 26, s. 30] (8) [Repealed, 2023, c. 26, s. 30] (9) [Repealed, 2023, c. 26, s. 30] Special rules for eligible dependant (10) For the purpose of applying subsections (2) and (3), if an individual (referred to in this subsection as the “child”) would be, but for this subsection, an eligible dependant of more than one eligible individual for a taxation year, the child is deemed only to be an eligible dependant of (a) if the individuals agree, the agreed upon individual; and (b) in any other case, the individual designated by the Minister. Effect of bankruptcy (11) For the purpose of this Subdivision, if an individual becomes bankrupt in a particular calendar year (a) notwithstanding subsection 128(2), any reference to the taxation year of the individual (other than in this subsection) is deemed to be a reference to the particular calendar year; and (b) the individual’s working income and adjusted net income for the taxation year ending on December 31 of the particular calendar year is deemed to include the individual’s working income and adjusted net income for the taxation year that begins on January 1 of the particular calendar year. Special rules in the event of death (12) For the purpose of this Subdivision, if an individual dies after June 30 of a calendar year (a) the individual is deemed to be resident in Canada from the time of death until the end of the year and to reside at the same place in Canada as the place where the individual resided immediately before death; (b) the individual is deemed to be the same age at the end of the year as the individual would have been if the individual were alive at the end of the year; (c) the individual is deemed to be the cohabiting spouse or common-law partner of another individual (referred to in this paragraph as the “surviving spouse”) at the end of the year if, (i) immediately before death, the individual was the cohabiting spouse or common-law partner of the surviving spouse, and (ii) the surviving spouse is not the cohabiting spouse or common-law partner of another individual at the end of the year; and (d) any return of income filed by a legal representative of the