Income Tax Act

Version of section 156.1 from 2014-12-16 to 2017-10-13:

Marginal note:Definitions
  •  (1) For the purposes of this section,

    instalment threshold

    plafond des acomptes provisionnels

    instalment threshold of an individual for a taxation year means

    • (a) in the case of an individual resident in the Province of Quebec at the end of the year, $1,800, and

    • (b) in any other case, $3,000; (plafond des acomptes provisionnels)

    net tax owing

    impôt net à payer

    net tax owing by an individual for a taxation year means

    • (a) in the case of an individual resident in the Province of Quebec at the end of the year, the amount determined by the formula

      A - C - D - F

    and

    • (b) in any other case, the amount determined by the formula

      A + B - C - E - F

    where

    A
    is the total of the taxes payable under this Part and Parts I.2, X.5 and XI.4 by the individual for the year,
    B
    is the total of all income taxes payable by the individual for the year under any law of a province or of an Aboriginal government with which the Minister of Finance has entered into an agreement for the collection of income taxes payable by individuals to the province or Aboriginal government under that law,
    C
    is the total of the taxes deducted or withheld under section 153 and Part I.2 on behalf of the individual for the year,
    D
    is the amount determined under subsection 120(2) in respect of the individual for the year,
    E
    is the total of all amounts deducted or withheld on behalf of the individual for the year under a law of a province or of an Aboriginal government with which the Minister of Finance has entered into an agreement for the collection of income taxes payable by individuals to the province or Aboriginal government under that law, and
    F
    is the amount determined under subsection 120(2.2) in respect of the individual for the year.
  • Values of A and B in net tax owing

    (1.1) For the purposes of determining the values of A and B in the definition net tax owing in subsection 156.1(1), income taxes payable by an individual for a taxation year are determined

    • (a) before taking into consideration the specified future tax consequences for the year; and

    • (b) after deducting all tax credits to which the individual is entitled for the year relating to those taxes (other than tax credits that become payable to the individual after the individual’s balance-due day for the year, prescribed tax credits and amounts deemed to have been paid because of the application of either subsection 120(2) or (2.2)).

  • Value of D in net tax owing

    (1.2) For the purpose of determining the value of D in the definition net tax owing in subsection 156.1(1), the amount deemed by subsection 120(2) to have been paid on account of an individual’s tax under this Part for a taxation year is determined before taking into consideration the specified future tax consequences for the year.

  • Value of F in net tax owing

    (1.3) For the purpose of determining the value of F in the definition net tax owing in subsection (1), the amount deemed by subsection 120(2.2) to have been paid on account of an individual’s tax under this Part for a taxation year is determined before taking into consideration the specified future tax consequences for the year.

  • Marginal note:No instalment required

    (2) Sections 155 and 156 do not apply to an individual for a particular taxation year where

    • (a) the individual’s chief source of income for the particular year is farming or fishing and the individual’s net tax owing for the particular year, or either of the 2 preceding taxation years, does not exceed the individual’s instalment threshold for that year;

    • (b) the individual’s net tax owing for the particular year, or for each of the 2 preceding taxation years, does not exceed the individual’s instalment threshold for that year; or

    • (c) the individual is a graduated rate estate for the particular year.

  • Marginal note:Idem

    (3) Sections 155 and 156 do not require the payment of any amount in respect of an individual that would otherwise become due under either of those sections on or after the day on which the individual dies.

  • Marginal note:Payment of remainder

    (4) Every individual shall, on or before the individual’s balance-due day for each taxation year, pay to the Receiver General in respect of the year the amount, if any, by which the individual’s tax payable under this Part for the year exceeds the total of

    • (a) all amounts deducted or withheld under section 153 from remuneration or other payments received by the individual in the year, and

    • (b) all other amounts paid to the Receiver General on or before that day on account of the individual’s tax payable under this Part for the year.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 156.1;
  • 1994, c. 7, Sch. II, s. 129, Sch. VI, s. 6, Sch. VIII, s. 93, c. 8, s. 24;
  • 1996, c. 21, s. 40.1;
  • 1997, c. 25, s. 48;
  • 1998, c. 19, s. 44;
  • 2000, c. 19, s. 45;
  • 2001, c. 17, s. 152;
  • 2007, c. 35, s. 50;
  • 2012, c. 31, s. 40;
  • 2014, c. 39, s. 56.
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