Income Tax Act

Version of section 122.5 from 2014-06-19 to 2017-09-27:

Marginal note:Definitions
  •  (1) The following definitions apply in this section.

    adjusted income

    revenu rajusté

    adjusted income, of an individual for a taxation year in relation to a month specified for the taxation year, means the total of the individual’s income for the taxation year and the income for the taxation year of the individual’s qualified relation, if any, in relation to the specified month, both calculated as if in computing that income no amount were

    • (a) included

      • (i) under paragraph 56(1)(q.1) or subsection 56(6),

      • (ii) in respect of any gain from a disposition of property to which section 79 applies, or

      • (iii) in respect of a gain described in subsection 40(3.21); or

    • (b) deductible under paragraph 60(y) or (z). (revenu rajusté)

    cohabiting spouse or common-law partner

    époux ou conjoint de fait visé

    cohabiting spouse or common-law partner of an individual at any time has the meaning assigned by section 122.6. (époux ou conjoint de fait visé)

    eligible individual

    particulier admissible

    eligible individual, in relation to a month specified for a taxation year, means an individual (other than a trust) who

    • (a) has, before the specified month, attained the age of 19 years; or

    • (b) was, at any time before the specified month,

      • (i) a parent who resided with their child, or

      • (ii) married or in a common-law partnership. (particulier admissible)

    qualified dependant

    personne à charge admissible

    qualified dependant of an individual, in relation to a month specified for a taxation year, means a person who at the beginning of the specified month

    • (a) is the individual’s child or is dependent for support on the individual or on the individual’s cohabiting spouse or common-law partner;

    • (b) resides with the individual;

    • (c) is under the age of 19 years;

    • (d) is not an eligible individual in relation to the specified month; and

    • (e) is not a qualified relation of any individual in relation to the specified month. (personne à charge admissible)

    qualified relation

    proche admissible

    qualified relation of an individual, in relation to a month specified for a taxation year, means the person, if any, who, at the beginning of the specified month, is the individual’s cohabiting spouse or common-law partner. (proche admissible)

    return of income

    déclaration de revenu

    return of income, in respect of a person for a taxation year, means

    • (a) for a person who is resident in Canada at the end of the taxation year, the person’s return of income (other than a return of income under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) that is required to be filed for the taxation year or that would be required to be filed if the person had tax payable under this Part for the taxation year; and

    • (b) in any other case, a prescribed form containing prescribed information that is filed for the taxation year with the Minister. (déclaration de revenu)

  • Marginal note:Persons not eligible individuals, qualified relations or qualified dependants

    (2) Notwithstanding subsection (1), a person is not an eligible individual, is not a qualified relation and is not a qualified dependant, in relation to a month specified for a taxation year, if the person

    • (a) died before the specified month;

    • (b) is confined to a prison or similar institution for a period of at least 90 days that includes the first day of the specified month;

    • (c) is at the beginning of the specified month a non-resident person, other than a non-resident person who

      • (i) is at that time the cohabiting spouse or common-law partner of a person who is deemed under subsection 250(1) to be resident in Canada throughout the taxation year that includes the first day of the specified month, and

      • (ii) was resident in Canada at any time before the specified month;

    • (d) is at the beginning of the specified month a person described in paragraph 149(1)(a) or (b); or

    • (e) is a person in respect of whom a special allowance under the Children’s Special Allowances Act is payable for the specified month.

  • Marginal note:Deemed payment on account of tax

    (3) An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount equal to ¼ of the amount, if any, determined by the formula

    A - B

    where

    A
    is the total of
    • (a) $213,

    • (b) $213 for the qualified relation, if any, of the individual in relation to the specified month,

    • (c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $213,

    • (d) $112 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

    • (e) if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $112, and

    • (f) if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $112 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $6,911; and

    B
    is 5% of the amount, if any, by which the individual’s adjusted income for the taxation year in relation to the specified month exceeds $27,749.
  • Marginal note:Shared-custody parent

    (3.01) Notwithstanding subsection (3), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3) to have been paid during a specified month is equal to the amount determined by the following formula:

    1/2 × (A + B)

    where

    A
    is the amount determined by the formula in subsection (3), calculated without reference to this subsection, and
    B
    is the amount determined by the formula in subsection (3), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.
  • Marginal note:When advance payment applies

    (3.1) Subsection (3.2) applies in respect of an eligible individual in relation to a particular month specified for a taxation year, and each subsequent month specified for the taxation year, if

    • (a) the amount deemed by that subsection to have been paid by the eligible individual during the particular month specified for the taxation year is less than $50; and

    • (b) it is reasonable to conclude that the amount deemed by that subsection to have been paid by the eligible individual during each subsequent month specified for the taxation year will be less than $50.

  • Marginal note:Advance payment

    (3.2) If this subsection applies, the total of the amounts that would otherwise be deemed by subsection (3) to have been paid on account of the eligible individual’s tax payable under this Part for the taxation year during the particular month specified for the taxation year, and during each subsequent month specified for the taxation year, is deemed to have been paid by the eligible individual on account of their tax payable under this Part for the taxation year during the particular specified month for the taxation year, and the amount deemed by subsection (3) to have been paid by the eligible individual during those subsequent months specified for the taxation year is deemed, except for the purpose of this subsection, not to have been paid to the extent that it is included in an amount deemed to have been paid by this subsection.

  • Marginal note:Months specified

    (4) For the purposes of this section, the months specified for a taxation year are July and October of the immediately following taxation year and January and April of the second immediately following taxation year.

  • Marginal note:Only one eligible individual

    (5) If an individual is a qualified relation of another individual in relation to a month specified for a taxation year and both those individuals would be, but for this subsection, eligible individuals in relation to the specified month, only the individual that the Minister designates is the eligible individual in relation to the specified month.

  • (5.1) [Repealed, 2002, c. 9, s. 38(2)]

  • Marginal note:Exception re qualified dependant

    (6) If a person would, if this Act were read without reference to this subsection, be the qualified dependant of two or more individuals, in relation to a month specified for a taxation year,

    • (a) the person is deemed to be a qualified dependant, in relation to that month, of the one of those individuals on whom those individuals agree;

    • (b) in the absence of an agreement referred to in paragraph (a), the person is deemed to be, in relation to that month, a qualified dependant of the individuals, if any, who are, at the beginning of that month, eligible individuals (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of that person; and

    • (c) in any other case, the person is deemed to be, in relation to that month, a qualified dependant only of the individual that the Minister designates.

  • Marginal note:Notification to Minister

    (6.1) An individual shall notify the Minister of the occurrence of any of the following events before the end of the month following the month in which the event occurs:

    • (a) the individual ceases to be an eligible individual;

    • (b) a person becomes or ceases to be the individual’s qualified relation; and

    • (c) a person ceases to be a qualified dependant of the individual, otherwise than because of attaining the age of 19 years.

  • Marginal note:Non-residents and part-year residents

    (6.2) For the purpose of this section, the income of a person who is non-resident at any time in a taxation year is deemed to be equal to the amount that would, if the person were resident in Canada throughout the year, be the person’s income for the year.

  • Marginal note:Effect of bankruptcy

    (7) For the purpose of this section, if in a taxation year an individual becomes bankrupt, the individual’s income for the taxation year shall include the individual’s income for the taxation year that begins on January 1 of the calendar year that includes the date of bankruptcy.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 122.5;
  • 1994, c. 7, Sch. VII, s. 11, Sch. VIII, s. 60, c. 21, s. 57;
  • 1997, c. 25, s. 32;
  • 1998, c. 19, s. 139;
  • 1999, c. 26, s. 37;
  • 2000, c. 12, s. 142, c. 14, s. 38;
  • 2001, c. 17, s. 107;
  • 2002, c. 9, s. 38;
  • 2006, c. 4, s. 175;
  • 2007, c. 35, s. 111;
  • 2010, c. 25, s. 23;
  • 2011, c. 24, s. 37;
  • 2013, c. 34, s. 260;
  • 2014, c. 20, s. 17.
Date modified: