Income Tax Act — I-3.3 153
n the eligible employer is deemed to have remitted to the Receiver General at the particular time in respect of the particular amount, an amount equal to the least of (a) the amount determined by the formula A − B where A is the prescribed amount, and B is the total of all amounts, each of which is an amount deemed to have been remitted by the eligible employer under this subsection prior to the particular time (and, if more than one such payment is made at the particular time, the eligible employer may designate the order in which the amounts are considered to have been paid), (b) the amount determined by the formula C × D where C is the prescribed percentage, and D is the amount of the eligible remuneration, and (c) the amount determined by the formula E × F where E is the prescribed amount, and F is the total number of eligible employees employed by the eligible employer during the eligible period. Definitions — subsection (1.02) (1.03) The following definitions apply for the purposes of this subsection and subsection (1.02). eligible employee means an individual who is employed in Canada. ( employé admissible ) eligible employer means a person or partnership that (a) employs one or more eligible employees; (b) has, on March 18, 2020, a business number in respect of which the person or partnership is registered with the Minister to make remittances required under this section; and (c) is any of (i) a Canadian-controlled private corporation for the purposes of section 125 that (A) would have a business limit for its last taxation year that ended before the start of the eligible period greater than nil, if the amount determined for paragraph 125(5.1)(b) were deemed to be nil, or (B) if the corporation does not have a taxation year that ended before the start of the eligible period, would meet the condition in clause (A) if its taxation year ended immediately before the start of the eligible period, (ii) an individual (other than a trust), (iii) a partnership, all of the members of which are described in subparagraphs (i) to (iii) or (v), (iv) a person exempt from tax under Part I because of paragraph 149(1)(l), and (v) a registered charity. ( employeur admissible ) eligible period means the period beginning on March 18, 2020 and that ends on June 19, 2020. ( période d’admissibilité ) eligible remuneration means salary, wages or other remuneration paid to an eligible employee during the eligible period. ( rémunération admissible ) Deemed remittances under subsection (1.02) (1.04) For greater certainty, amounts deemed under subsection (1.02) to have been remitted to the Receiver General are deemed to not be held in trust under subsections 227(4) and (4.1). Canada Emergency Wage Subsidy claimed (1.05) Despite subsection (1.02), an amount is not deemed to have been remitted to the Receiver General if (a) the eligible employer made an application in respect of section 125.7 for a qualifying period in respect of which the eligible employer was, without reference to this subsection, deemed under subsection (1.02) to have remitted the amount to the Receiver General; and (b) the amount was not included under the description of B in subsection 125.7(2) for the eligible employer. Undue hardship (1.1) Where the Minister is satisfied that the deducting or withholding of the amount otherwise required to be deducted or withheld under subsection 153(1) from a payment would cause undue hardship, the Minister may determine a lesser amount and that amount shall be deemed to be the amount determined under that subsection as the amount to be deducted or withheld from that payment. Election to increase withholding (1.2) Where a taxpayer so elects in prescribed manner and prescribed form, the amount required to be deducted or withheld under subsection 153(1) from any payment to the taxpayer shall be deemed to be the total of (a) the amount, if any, otherwise required to be deducted or withheld under that subsection from that payment, and (b) the am