Income Tax Act

Marginal note:Basic exemption

• 127.53 (1) An individual’s basic exemption for a taxation year is

  • (a) $40,000, in the case of an individual other than a trust;

  • (b) $40,000, in the case of a testamentary trust or an inter vivos trust described in subsection 122(2); and

  • (c) in any other case, nil.

• Marginal note:Multiple trusts

  (2) Notwithstanding paragraph 127.53(1)(b), where more than one trust described in that paragraph arose as a consequence of contributions to the trusts by an individual and those trusts have filed with the Minister in prescribed form an agreement whereby, for the purpose of this Division, they allocate an amount to one or more of them for a taxation year and the total of the amounts so allocated does not exceed $40,000, the basic exemption for the year of each of the trusts is the amount so allocated to it.

• Marginal note:Failure to file agreement

  (3) Notwithstanding paragraph 127.53(1)(b), where more than one trust described in that paragraph arose as a consequence of contributions to the trusts by an individual and no agreement as contemplated by subsection 127.53(2) has been filed with the Minister before the expiration of 30 days after notice in writing has been forwarded by the Minister to any of the trusts that such an agreement is required for the purpose of an assessment of tax under this Part, the Minister may, for the purpose of this Division, allocate an amount to one or more of the trusts for a taxation year, the total of all of which amounts does not exceed $40,000, and the basic exemption for the year of each of the trusts is the amount so allocated to it.