Income Tax Act

Marginal note:Expenses for food, etc.

• 67.1 (1) Subject to subsection (1.1), for the purposes of this Act, other than sections 62, 63, 118.01 and 118.2, an amount paid or payable in respect of the human consumption of food or beverages or the enjoyment of entertainment is deemed to be 50 per cent of the lesser of

  • (a) the amount actually paid or payable in respect thereof, and

  • (b) an amount in respect thereof that would be reasonable in the circumstances.

• Marginal note:Expenses for food and beverages of long-haul truck drivers

  (1.1) An amount paid or payable by a long-haul truck driver in respect of the consumption of food or beverages by the driver during an eligible travel period of the driver is deemed to be the amount determined by multiplying the specified percentage in respect of the amount so paid or payable by the lesser of

  • (a) the amount so paid or payable, and

  • (b) a reasonable amount in the circumstances.

• Marginal note:Exceptions

  (2) Subsection 67.1(1) does not apply to an amount paid or payable by a person in respect of the consumption of food or beverages or the enjoyment of entertainment where the amount

  • (a) is paid or payable for food, beverages or entertainment provided for, or in expectation of, compensation in the ordinary course of a business carried on by that person of providing the food, beverages or entertainment for compensation;

  • (b) relates to a fund-raising event the primary purpose of which is to benefit a registered charity;

  • (c) is an amount for which the person is compensated and the amount of the compensation is reasonable and specifically identified in writing to the person paying the compensation;

  • (d) is required to be included in computing any taxpayer’s income because of the application of section 6 in respect of food or beverages consumed or entertainment enjoyed by the taxpayer or a person with whom the taxpayer does not deal at arm’s length, or would be so required but for subparagraph 6(6)(a)(ii);

  • (e) is an amount that

    • (i) is not paid or payable in respect of a conference, convention, seminar or similar event,

    • (ii) would, but for subparagraph 6(6)(a)(i), be required to be included in computing any taxpayer’s income for a taxation year because of the application of section 6 in respect of food or beverages consumed or entertainment enjoyed by the taxpayer or a person with whom the taxpayer does not deal at arm’s length, and

    • (iii) is paid or payable in respect of the taxpayer’s duties performed at a work site in Canada that is

      • (A) outside any urban area, as defined by the last Census Dictionary published by Statistics Canada before the year, that has a population of at least 40,000 individuals as determined in the last census published by Statistics Canada before the year, and

      • (B) at least 30 kilometres from the nearest point on the boundary of the nearest such urban area;

  • (e.1) is an amount that

    • (i) is not paid or payable in respect of entertainment or of a conference, convention, seminar or similar event,

    • (ii) would, if this Act were read without reference to subparagraph 6(6)(a)(i), be required to be included in computing a taxpayer’s income for a taxation year because of the application of section 6 in respect of food or beverages consumed by the taxpayer or by a person with whom the taxpayer does not deal at arm’s length,

    • (iii) is paid or payable in respect of the taxpayer’s duties performed at a site in Canada at which the person carries on a construction activity or at a construction work camp referred to in subparagraph (iv) in respect of the site, and

    • (iv) is paid or payable for food or beverages provided at a construction work camp, at which the taxpayer is lodged, that was constructed or installed at or near the site to provide board and lodging to employees while they are engaged in construction services at the site; or

  • (f) is in respect of one of six or fewer special events held in a calendar year at which the food, beverages or entertainment is generally available to all individuals employed by the person at a particular place of business of the person and consumed or enjoyed by those individuals.

• Marginal note:Fees for convention, etc.

  (3) For the purposes of this section, where a fee paid or payable for a conference, convention, seminar or similar event entitles the participant to food, beverages or entertainment (other than incidental beverages and refreshments made available during the course of meetings or receptions at the event) and a reasonable part of the fee, determined on the basis of the cost of providing the food, beverages and entertainment, is not identified in the account for the fee as compensation for the food, beverages and entertainment, $50 or such other amount as may be prescribed shall be deemed to be the actual amount paid or payable in respect of food, beverages and entertainment for each day of the event on which food, beverages or entertainment is provided and, for the purposes of this Act, the fee for the event shall be deemed to be the actual amount of the fee minus the amount deemed by this subsection to be the actual amount paid or payable for the food, beverages and entertainment.

• Marginal note:Interpretation

  (4) For the purposes of this section,

  • (a) no amount paid or payable for travel on an airplane, train or bus shall be considered to be in respect of food, beverages or entertainment consumed or enjoyed while travelling thereon; and

  • (b) entertainment includes amusement and recreation.

• Marginal note:Definitions

  (5) The following definitions apply for the purpose of this section.

  eligible travel period

  période de déplacement admissible

  eligible travel period in respect of a long-haul truck driver is a period during which the driver is away from the municipality or metropolitan area where the specified place in respect of the driver is located for a period of at least 24 continuous hours for the purpose of driving a long-haul truck that transports goods to, or from, a location that is beyond a radius of 160 kilometres from the specified place. (période de déplacement admissible)

  long-haul truck

  grand routier

  long-haul truck means a truck or a tractor that is designed for hauling freight and that has a gross vehicle weight rating (as that term is defined in subsection 2(1) of the Motor Vehicle Safety Regulations) that exceeds 11 788 kilograms. (grand routier)

  long-haul truck driver

  conducteur de grand routier

  long-haul truck driver means an individual whose principal business or principal duty of employment is driving a long-haul truck that transports goods. (conducteur de grand routier)

  specified percentage

  pourcentage déterminé

  specified percentage in respect of an amount paid or payable is

  • (a) 60 per cent, if the amount is paid or becomes payable on or after March 19, 2007 and before 2008;

  • (b) 65 per cent, if the amount is paid or becomes payable in 2008;

  • (c) 70 per cent, if the amount is paid or becomes payable in 2009;

  • (d) 75 per cent, if the amount is paid or becomes payable in 2010; and

  • (e) 80 per cent, if the amount is paid or becomes payable after 2010. (pourcentage déterminé)

  specified place

  endroit déterminé

  specified place means, in the case of an employee, the employer’s establishment to which the employee ordinarily reports to work is located and, in the case of an individual whose principal business is to drive a long-haul truck to transport goods, the place where the individual resides. (endroit déterminé)