Income Tax Regulations (C.R.C., c. 945)

Regulations are current to 2014-09-01 and last amended on 2014-06-19. Previous Versions

Foreign Plans

Definition

  •  (1) In this section, “foreign plan” means a plan or arrangement (determined without regard to subsection 207.6(5) of the Act) that would, but for paragraph (l) of the definition “retirement compensation arrangement” in subsection 248(1) of the Act, be a retirement compensation arrangement.

Pension Credit

  • (2) Subject to subsections (3) to (4.1), the pension credit of an individual for a calendar year with respect to an employer under a foreign plan is

    • (a) where paragraph (b) does not apply, nil; and

    • (b) where

      • (i) the year is 1992 or a subsequent year,

      • (ii) the individual became entitled in the year, either absolutely or contingently, to benefits under the foreign plan in respect of services rendered to the employer in a period throughout which the individual was resident in Canada and rendered services to the employer that were primarily services rendered in Canada or services rendered in connection with a business carried on by the employer in Canada, or a combination of those services,

      • (iii) the individual continued to be entitled at the end of the year, either absolutely or contingently, to all or part of the benefits, and

      • (iv) either

        • (A) no contribution was made under the foreign plan in the year in respect of the individual, except where

          • (I) no contribution was made because the foreign plan had an actuarial surplus, and

          • (II) had a contribution been made in respect of the benefits referred to in subparagraph (ii), it would have been a resident’s contribution (as defined in subsection 207.6(5.1) of the Act), or

        • (B) a contribution that is not a resident’s contribution was made under the foreign plan in the year in respect of the individual,

      the lesser of

      • (v) the amount, if any, by which 18% of the individual’s resident compensation from the employer for the year exceeds the PA offset for the year, and

      • (vi) the amount by which the money purchase limit for the year exceeds the PA offset for the year.

Pension Credit — Tax Treaty

  • (2.1) For the purposes of applying subsection (2) in determining an individual’s pension credit for a calendar year with respect to an employer under a foreign plan, if any contributions made to, or benefits accruing under, the plan in respect of the individual and the calendar year benefit from the application of paragraph 8 of Article XVIII of the Canada-United States Tax Convention signed at Washington on September 26, 1980, or from the application of a similar provision in another tax treaty,

    • (a) subparagraph (2)(b)(ii) shall be read without reference to the words “was resident in Canada and”; and

    • (b) the portion of subsection (2) after subparagraph (b)(iv) shall be read as “the lesser of the money purchase limit for the year and 18% of the individual’s resident compensation from the employer for the year”.

Pension Credit — Alternative Determination

  • (3) Subject to subsection (4), where the Minister has, on the written application of an employer, approved in writing a method for determining pension credits for a year with respect to the employer under a foreign plan, the pension credits shall be determined in accordance with that method.

Pension Credits for 1992, 1993 and 1994

  • (4) The pension credit of an individual for 1992, 1993 or 1994 with respect to an employer under a foreign plan is the lesser of

    • (a) the amount that would, but for this subsection, be determined as the pension credit for the year, and

    • (b) the amount, if any, by which the lesser of

      • (i) 18% of the amount that would be the individual’s compensation from the employer for the year if the definition “compensation” in subsection 147.1(1) of the Act were read without reference to paragraphs (b) and (c) of that definition, and

      • (ii) the money purchase limit for the year

      exceeds the total of

      • (iii) $1,000, and

      • (iv) the amount that would be the pension adjustment of the individual for the year with respect to the employer if subsection 8301(1) were read without reference to paragraph (b) of that subsection.

Pension Credits — 1996 to 2002

  • (4.1) For the purpose of determining the pension credit of an individual for a calendar year after 1995 and before 2003 with respect to an employer under a foreign plan, subparagraph (2)(b)(vi) shall be read as

    • “(vi) the money purchase limit for the year.”

Foreign Plan PSPA

  • (5) Subject to subsection (6), where the benefits to which an individual is entitled, either absolutely or contingently, under a foreign plan are modified, the foreign plan PSPA of the individual with respect to an employer associated with the modification of benefits is the amount, if any, by which

    • (a) the total of all amounts each of which is the amount that, if this section were read without reference to subsection (3), would be the pension credit of the individual with respect to the employer under the foreign plan for a calendar year before the year in which the individual’s benefits are modified

    exceeds the total of all amounts each of which is

    • (b) the pension credit of the individual with respect to the employer under the foreign plan for a calendar year before the year in which the individual’s benefits are modified, or

    • (c) the foreign plan PSPA of the individual with respect to the employer associated with a previous modification of the individual’s benefits under the foreign plan.

Foreign Plan PSPA — Alternative Determination

  • (6) Where the Minister has, on the written application of an employer, approved in writing a method for determining the foreign plan PSPA of an individual with respect to the employer associated with a modification of the individual’s benefits under a foreign plan, the individual’s foreign plan PSPA shall be determined in accordance with that method.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/96-311, s. 8;
  • SOR/99-9, s. 10;
  • SOR/2005-264, s. 20;
  • 2009, c. 2, s. 115.