Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.))

Act current to 2016-11-21 and last amended on 2016-07-01. Previous Versions

Marginal note:Eligible individuals
  •  (1) For the purposes of this subdivision, a person may be considered to be an eligible individual in respect of a particular qualified dependant at the beginning of a month only if the person has, no later than 11 months after the end of the month, filed with the Minister a notice in prescribed form containing prescribed information.

  • Marginal note:Extension for notices

    (2) The Minister may, on or before the day that is 10 years after the beginning of the month referred to in subsection (1), extend the time for filing a notice under that subsection.

  • Marginal note:Exception

    (3) Where at the beginning of 1993 a person is an eligible individual in respect of a qualified dependant, subsection 122.62(1) does not apply to the person in respect of the qualified dependant if the qualified dependant was an eligible child (within the meaning assigned by subsection 122.2(2) because of subparagraph (a)(i) of the definition eligible child in that subsection) of the individual for the 1992 taxation year.

  • Marginal note:Person ceasing to be an eligible individual

    (4) Where during a particular month a person ceases to be an eligible individual in respect of a particular qualified dependant (otherwise than because of the qualified dependant attaining the age of 18 years), the person shall notify the Minister of that fact before the end of the first month following the particular month.

  • Marginal note:Death of cohabiting spouse

    (5) If the cohabiting spouse or common-law partner of an eligible individual in respect of a qualified dependant dies,

    • (a) the eligible individual shall notify the Minister in prescribed form of that event before the end of the first calendar month that begins after that event; and

    • (b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the eligible individual’s adjusted income for the year is deemed to be equal to the eligible individual’s income for the year.

  • Marginal note:Separation from cohabiting spouse

    (6) If a person ceases to be an eligible individual’s cohabiting spouse or common-law partner,

    • (a) the eligible individual shall notify the Minister in prescribed form of that event before the end of the first calendar month that begins after that event; and

    • (b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the eligible individual’s adjusted income for the year is deemed to be equal to the eligible individual’s income for the year.

  • Marginal note:Person becoming a cohabiting spouse

    (7) If a taxpayer becomes the cohabiting spouse or common-law partner of an eligible individual,

    • (a) the eligible individual shall notify the Minister in prescribed form of that event before the end of the first calendar month that begins after that event; and

    • (b) subject to subsection (8), for the purpose of determining the amount deemed under subsection 122.61(1) to be an overpayment arising in that first month and any subsequent month on account of the eligible individual’s liability under this Part for the base taxation year in relation to that first month, the taxpayer is deemed to have been the eligible individual’s cohabiting spouse or common-law partner at the end of the base taxation year in relation to that month.

  • Marginal note:Ordering of events

    (8) If more than one event referred to in subsections (5) to (7) occur in a calendar month, only the subsection relating to the last of those events to have occurred applies.

  • (9) [Repealed, 1998, c. 19, s. 142]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 1994, c. 7, Sch. VII, s. 12;
  • 1996, c. 11, ss. 95, 97;
  • 1998, c. 19, s. 142, c. 21, s. 95;
  • 2000, c. 12, s. 142;
  • 2011, c. 24, s. 39;
  • 2016, c. 7, s. 30.

 [Repealed, 2016, c. 7, s. 31]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 1994, c. 7, Sch. VII, s. 12;
  • 1996, c. 11, s. 95;
  • 1998, c. 19, s. 143;
  • 2016, c. 7, s. 31.

 [Repealed, 2013, c. 40, s. 53]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 1994, c. 7, Sch. VII, s. 12;
  • 1996, c. 11, ss. 95, 97;
  • 1998, c. 19, s. 144;
  • 2005, c. 35, ss. 66, 67;
  • 2012, c. 19, ss. 694, 695;
  • 2013, c. 40, s. 53.

SUBDIVISION A.2Working Income Tax Benefit

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

    adjusted net income

    revenu net rajusté

    adjusted net income of an individual for a taxation year means the amount that would be the individual’s income for the taxation year if

    • (a) this Act were read without reference to paragraph 81(1)(a) and subsection 81(4);

    • (b) in computing that income, no amount were included under paragraph 56(1)(q.1) or subsection 56(6), in respect of any gain from a disposition of property to which section 79 applies or in respect of a gain described in subsection 40(3.21); and

    • (c) in computing that income, no amount were deductible under paragraph 60(y) or (z). (revenu net rajusté)

    cohabiting spouse or common-law partner

    conjoint visé

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

    designated educational institution

    établissement d’enseignement agréé

    designated educational institution has the meaning assigned by subsection 118.6(1). (établissement d’enseignement agréé)

    eligible dependant

    personne à charge admissible

    eligible dependant of an individual for a taxation year means a child of the individual who, at the end of the year,

    • (a) resided with the individual;

    • (b) was under the age of 19 years; and

    • (c) was not an eligible individual. (personne à charge admissible)

    eligible individual

    particulier admissible

    eligible individual for a taxation year means an individual (other than an ineligible individ-ual) who was resident in Canada throughout the taxation year and who was, at the end of the taxation year,

    • (a) 19 years of age or older;

    • (b) the cohabiting spouse or common-law partner of another individual; or

    • (c) the parent of a child with whom the individual resides. (particulier admissible)

    eligible spouse

    conjoint admissible

    eligible spouse of an eligible individual for a taxation year means an individual (other than an ineligible individual) who was resident in Canada throughout the taxation year and who was, at the end of the taxation year, the cohabiting spouse or common-law partner of the eligible individual. (conjoint admissible)

    ineligible individual

    particulier non admissible

    ineligible individual for a taxation year means an individual

    • (a) who is described in paragraph 149(1)(a) or (b) at any time in the taxation year;

    • (b) who, except where the individual has an eligible dependant for the taxation year, was enrolled as a full-time student at a designated educational institution for a total of more than 13 weeks in the taxation year; or

    • (c) who was confined to a prison or similar institution for a period of at least 90 days during the taxation year. (particulier non admissible)

    return of income

    déclaration de revenu

    return of income filed by an individual for a taxation year means a return of income (other than a return of income filed 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 individual had tax payable under this Part for the taxation year. (déclaration de revenu)

    working income

    revenu de travail

    working income of an individual for a taxation year means the total of

    • (a) the total of all amounts each of which would, if this Act were read without reference to section 8, paragraph 81(1)(a) and subsection 81(4), be the individual’s income for the taxation year from an office or employment;

    • (b) all amounts that are included, or that would, but for paragraph 81(1)(a), be included, because of paragraph 56(1)(n) or (o) or subparagraph 56(1)(r)(v) in computing the individual’s income for a period in the taxation year; and

    • (c) the total of all amounts each of which would, if this Act were read without reference to paragraph 81(1)(a), be the individual’s income for the taxation year from a business carried on by the individual otherwise than as a specified member of a partnership. (revenu de travail)

  • Marginal note:Deemed payment on account of tax

    (2) Subject to subsections (4) and (5), an eligible individual for a taxation year who files a return of income for the taxation year and who makes a claim under this subsection, is deemed to have paid, at the end of the taxation year, on account of tax payable under this Part for the taxation year, an amount equal to the amount, if any, determined by the formula

    A - B

    where

    A 
    is
    • (a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, the lesser of $925 and 25% of the amount, if any, by which the individual’s working income for the taxation year exceeds $3,000, or

    • (b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, the lesser of $1,680 and 25% of the amount, if any, by which the total of the working incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $3,000; and

    B 
    is
    • (a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the adjusted net income of the individual for the taxation year exceeds $10,500, or

    • (b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $14,500.

  • Marginal note:Deemed payment on account of tax — disability supplement

    (3) An eligible individual for a taxation year who files a return of income for the taxation year and who may deduct an amount under subsection 118.3(1) in computing tax payable under this Part for the taxation year is deemed to have paid, at the end of the taxation year, on account of tax payable under this Part for the taxation year, an amount equal to the amount, if any, determined by the formula

    C - D

    where

    C 
    is the lesser of $462.50 and 25% of the amount, if any, by which the individual’s working income for the taxation year exceeds $1,150; and
    D 
    is
    • (a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the individual’s adjusted net income for the taxation year exceeds $16,667,

    • (b) if the individual had an eligible spouse for the taxation year who was not entitled to deduct an amount under subsection 118.3(1) for the taxation year, or had an eligible dependant for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $25,700, or

    • (c) if the individual had an eligible spouse for the taxation year who was entitled to deduct an amount under subsection 118.3(1) for the taxation year, 7.5% of the amount, if any, by which the total of the adjusted net incomes of the individual and of the eligible spouse, for the taxation year, exceeds $25,700.

  • Marginal note:Eligible spouse deemed not to be an eligible individual

    (4) An eligible spouse of an eligible individual for a taxation year is deemed, for the purpose of subsection (2), not to be an eligible individual for the taxation year if the eligible spouse made a joint application described in subsection (6) with the eligible individual and the eligible individual received an amount under subsection (7) in respect of the taxation year.

  • Marginal note:Amount deemed to be nil

    (5) If an eligible individual had an eligible spouse for a taxation year and both the eligible individual and the eligible spouse make a claim for the taxation year under subsection (2), the amount deemed to have been paid under that subsection by each of them on account of tax payable under this Part for the taxation year, is nil.

  • Marginal note:Application for advance payment

    (6) Subsection (7) applies to an individual for a taxation year if,

    • (a) at any time after January 1 and before September 1 of the taxation year, the individual makes an application (or in the case of an individual who has, at that time, a cohabiting spouse or common-law partner, the two of them make a joint application designating the individual for the purpose of subsection (7)), to the Minister in prescribed form, containing prescribed information; and

    • (b) where the individual and a cohabiting spouse or common-law partner have made a joint application referred to in paragraph (a)

      • (i) the individual’s working income for the taxation year can reasonably be expected to be greater than the working income of the individual’s cohabiting spouse or common-law partner for the taxation year, or

      • (ii) the individual can reasonably be expected to be deemed by subsection (3) to have paid an amount on account of tax payable under this Part for the taxation year.

  • Marginal note:Advance payment

    (7) Subject to subsection (8), the Minister may pay to an individual before the end of January of the year following a taxation year, one or more amounts that, in total, do not exceed one-half of the total of the amounts that the Minister estimates will be deemed to be paid by the individual under subsection (2) or (3) at the end of the taxation year, and any amount paid by the Minister under this subsection is deemed to have been received by the individual in respect of the taxation year.

  • Marginal note:Limitation — advance payment

    (8) No payment shall be made under subsection (7) to an individual in respect of a taxation year

    • (a) if the total amount that the Minister may pay under that subsection is less than $100; or

    • (b) before the day on which the individual has filed a return of income for a preceding taxation year in respect of which the individual received a payment under that subsection.

  • Marginal note:Notification to Minister

    (9) If, in a taxation year, an individual makes an application described in subsection (6), the 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 resident in Canada in the taxation year;

    • (b) the individual ceases, before the end of the taxation year, to be a cohabiting spouse or common-law partner of another person with whom the individual made the application;

    • (c) the individual enrols as a full-time student at a designated educational institution in the taxation year; or

    • (d) the individual is confined to a prison or similar institution in the taxation year.

  • Marginal note:Special rule re eligible dependant

    (10) For the purpose of applying subsections (2) and (3), an individual (referred to in this subsection as the “child”) is deemed not to be an eligible dependant of an eligible individual for a taxation year if the child is an eligible dependant of another eligible individual for the taxation year and both eligible individuals identified the child as an eligible dependant for the purpose of claiming or computing an amount under this section for the taxation year.

  • Marginal note:Effect of bankruptcy

    (11) For the purpose of this subdivision, if an individual becomes bankrupt in a particular calendar year

    • (a) notwithstanding subsection 128(2), any reference to the taxation year of the individual (other than in this subsection) is deemed to be a reference to the particular calendar year; and

    • (b) the individual’s working income and adjusted net income for the taxation year ending on December 31 of the particular calendar year is deemed to include the individual’s working income and adjusted net income for the taxation year that begins on January 1 of the particular calendar year.

  • Marginal note:Special rules in the event of death

    (12) For the purpose of this subdivision, if an individual dies after June 30 of a calendar year

    • (a) the individual is deemed to be resident in Canada from the time of death until the end of the year and to reside at the same place in Canada as the place where the individual resided immediately before death;

    • (b) the individual is deemed to be the same age at the end of the year as the individual would have been if the individual were alive at the end of the year;

    • (c) the individual is deemed to be the cohabiting spouse or common-law partner of another individual (referred to in this paragraph as the “surviving spouse”) at the end of the year if,

      • (i) immediately before death, the individual was the cohabiting spouse or common-law partner of the surviving spouse, and

      • (ii) the surviving spouse is not the cohabiting spouse or common-law partner of another individual at the end of the year; and

    • (d) any return of income filed by a legal representative of the individual is deemed to be a return of income filed by the individual.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. 2007, c. 35, s. 42;
  • 2009, c. 2, s. 38, c. 31, s. 13;
  • 2010, c. 25, s. 26.
 
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