Income Tax Act

Version of section 54.1 from 2013-06-26 to 2017-10-13:

Marginal note:Exception to principal residence rules
  •  (1) A taxation year in which a taxpayer does not ordinarily inhabit the taxpayer’s property as a consequence of the relocation of the place of employment of the taxpayer or the taxpayer’s spouse or common-law partner while the taxpayer or the taxpayer’s spouse or common-law partner, as the case may be, is employed by an employer who is not a person to whom the taxpayer or the taxpayer’s spouse or common-law partner is related is deemed not to be a previous taxation year referred to in paragraph (d) of the definition principal residence in section 54 if

    • (a) the property subsequently becomes ordinarily inhabited by the taxpayer during the term of the taxpayer’s or the taxpayer’s spouse’s or common-law partner’s employment by that employer or before the end of the taxation year immediately following the taxation year in which the taxpayer’s or the spouse’s or common-law partner’s employment by that employer terminates; or

    • (b) the taxpayer dies during the term of the taxpayer’s or the spouse’s or common-law partner’s employment by that employer.

  • Definition of property

    (2) In this section, property, in relation to a taxpayer, means a housing unit

    • (a) owned by the taxpayer,

    • (b) in respect of which the taxpayer has a leasehold interest, or

    • (c) in respect of which the taxpayer owned a share of the capital stock of a co-operative housing corporation if the share was acquired for the sole purpose of acquiring the right to inhabit a housing unit owned by the corporation

    whether jointly with another person or otherwise in the year and that at all times was at least 40 kilometres farther from the taxpayer’s or the taxpayer’s spouse’s or common-law partner’s new place of employment than was the taxpayer’s subsequent place or places of residence.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 54.1;
  • 2000, c. 12, s. 142;
  • 2001, c. 17, s. 238(E);
  • 2013, c. 34, s. 192(E).
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