Income Tax Act

Version of section 207.05 from 2010-12-15 to 2011-12-14:

Marginal note:Tax payable in respect of advantage
  •  (1) A tax is payable under this Part for a calendar year if, in the year, an advantage in relation to a TFSA is extended to, or is received or receivable by, a holder of the TFSA, a trust governed by the TFSA, or any other person who does not deal at arm’s length with the holder of the TFSA.

  • Marginal note:Amount of tax payable

    (2) The amount of tax payable in respect of an advantage described in subsection (1) is

    • (a) in the case of a benefit, the fair market value of the benefit; and

    • (b) in the case of a loan or an indebtedness, the amount of the loan or indebtedness.

  • Marginal note:Liability for tax

    (3) The holder of a TFSA in connection with which a tax is imposed under subsection (1) is liable to pay the tax except that, if the advantage is extended by the issuer of the TFSA or by a person with whom the issuer is not dealing at arm’s length, the issuer, and not the holder, is liable to pay the tax.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 2008, c. 28, s. 31;
  • 2010, c. 25, s. 59.
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