C-387
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-387
An Act to amend the Income Tax Act (exemption from taxation of 50% of United States social security payments to Canadian residents)
first reading, May 15, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Mr. Comartin
402088
SUMMARY
The purpose of this enactment is to reduce from 85% to 50% the inclusion rate on United States social security payments received by Canadian taxpayers.
The “inclusion rate” is the percentage of United States social security payments to be included as income by a Canadian taxpayer. The Canada-United States Tax Convention Act, 1984 provides for 15% of such payments to be non-taxable in the hands of Canadian residents, thus resulting in an 85% inclusion rate.
This enactment provides for an additional 35% of United States social security payments to be excluded from taxable income. The enactment therefore increases the exemption to 50% and decreases the inclusion rate to 50%.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-387
An Act to amend the Income Tax Act (exemption from taxation of 50% of United States social security payments to Canadian residents)
R.S., c. 1 
(5th Supp.)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Subsection 81(1) of the Income Tax Act is amended by striking out “or” at the end of paragraph (q), by adding “or” at the end of paragraph (r) and by adding the following after paragraph (r):
United States social security
(s) 35% of the aggregate of all amounts paid to the taxpayer in the taxation year by or on behalf of the government of the United States as a benefit under United States social security legislation, which percentage is in addition to the 15% of such aggregate that is exempt from Canadian tax pursuant to paragraph 5(a) of Article XVIII of the Convention Between Canada and the United States of America with Respect to Taxes on Income and on Capital, as amended by Schedule V to the Canada-United States Tax Convention Act, 1984.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada