Income Tax Act

Version of section 82 from 2016-06-22 to 2017-11-20:

Marginal note:Taxable dividends received
  •  (1) In computing the income of a taxpayer for a taxation year, there shall be included the total of the following amounts:

    • (a) the amount, if any, by which

      • (i) the total of all amounts, other than eligible dividends and amounts described in paragraph (c), (d) or (e), received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, taxable dividends,

      exceeds

      • (ii) if the taxpayer is an individual, the total of all amounts each of which is, or is deemed by paragraph 260(12)(b) to have been, paid by the taxpayer in the taxation year and deemed by subsection 260(5.1) to have been received by another person as a taxable dividend (other than an eligible dividend);

    • (a.1) the amount, if any, by which

      • (i) the total of all amounts, other than amounts included in computing the income of the taxpayer because of paragraph (c), (d) or (e), received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, eligible dividends,

      exceeds

      • (ii) if the taxpayer is an individual, the total of all amounts each of which is, or is deemed by paragraph 260(12)(b) to have been, paid by the taxpayer in the taxation year and deemed by subsection 260(5.1) to have been received by another person as an eligible dividend;

    • (b) if the taxpayer is an individual, other than a trust that is a registered charity, the total of

      • (i) the product of the amount determined under paragraph (a) in respect of the taxpayer for the taxation year multiplied by 17%, and

      • (ii) the product of the amount determined under paragraph (a.1) in respect of the taxpayer for the taxation year multiplied by

        • (A) for taxation years that end after 2005 and before 2010, 45%,

        • (B) for the 2010 taxation year, 44%,

        • (C) for the 2011 taxation year, 41%, and

        • (D) for taxation years that end after 2011, 38%;

    • (c) all taxable dividends received by the taxpayer in the taxation year, from corporations resident in Canada, under dividend rental arrangements of the taxpayer;

    • (d) all taxable dividends (other than taxable dividends described in paragraph (c)) received by the taxpayer in the taxation year from corporations resident in Canada that are not taxable Canadian corporations; and

    • (e) if the taxpayer is a trust, all amounts each of which is all or part of a taxable dividend (other than a taxable dividend described in paragraph (c) or (d)) that was received by the trust in the taxation year on a share of the capital stock of a taxable Canadian corporation and that can reasonably be considered to have been included in computing the income of a beneficiary under the trust who was non-resident at the end of the taxation year.

  • Marginal note:Limitation as to paragraph (1)(c)

    (1.1) An amount shall be included in the amounts described in paragraph (1)(c) in respect of a taxable dividend received at any time as part of a dividend rental arrangement only if that dividend was received on a share acquired before that time and after April, 1989.

  • Marginal note:Certain dividends received by taxpayer

    (2) Where by reason of subsection 56(4) or 56(4.1) or sections 74.1 to 75 of this Act or section 74 of the Income Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, there is included in computing a taxpayer’s income for a taxation year a dividend received by another person, for the purposes of this Act, the dividend shall be deemed to have been received by the taxpayer.

  • Marginal note:Dividends received by spouse or common-law partner

    (3) Where the amount that would, but for this subsection, be deductible under subsection 118(1) by reason of paragraph 118(1)(a) in computing a taxpayer’s tax payable under this Part for a taxation year that is less than the amount that would be so deductible if no amount were required by subsection (1) to be included in computing the income for the year of the taxpayer’s spouse or common-law partner and the taxpayer so elects in the taxpayer’s return of income for the year under this Part, all amounts described in paragraph (1)(a) or (a.1) received in the year from taxable Canadian corporations by the taxpayer’s spouse or common-law partner are deemed to have been so received by that taxpayer and not by the spouse or common-law partner.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 82;
  • 1998, c. 19, s. 114;
  • 2000, c. 12, s. 142;
  • 2007, c. 2, s. 44;
  • 2008, c. 28, s. 8;
  • 2013, c. 33, s, 5, c. 34, s. 218;
  • 2015, c. 36, s. 4;
  • 2016, c. 7, s. 9.
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