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

Marginal note:Eligible individuals

• 122.62 (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) or (1.2) 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) or (1.2) 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) or (1.2) 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]

Marginal note:Agreement

• 122.63 (1) The Minister of Finance may enter into an agreement with the government of a province whereby the amounts determined under the description of E in subsection 122.61(1) with respect to persons resident in the province shall, for the purpose of calculating overpayments deemed to arise under that subsection, be replaced by amounts determined in accordance with the agreement.

• Marginal note:Agreement

  (2) The amounts determined under the description of E in subsection 122.61(1) for a base taxation year because of any agreement entered into with a province and referred to in subsection (1) shall be based on the age of qualified dependants of eligible individuals, or on the number of such qualified dependants, or both, and shall result in an amount in respect of a qualified dependant that is not less, in respect of that qualified dependant, than 85% of the amount that would otherwise be determined under that description in respect of that qualified dependant for that year.

• Marginal note:Agreement

  (3) Any agreement entered into with a province and referred to in subsection (1) shall provide that, where the operation of the agreement results in a total of all amounts, each of which is an amount deemed under subsection 122.61(1) to be an overpayment on account of the liability under this Part for a taxation year of a person subject to the agreement, that exceeds 101% of the total of such overpayments that would have otherwise been deemed to have arisen under subsection 122.61(1), the excess shall be reimbursed by the government of the province to the Government of Canada.

122.64 [Repealed, 2013, c. 40, s. 53]

SUBDIVISION A.2Canada Workers Benefit

Marginal note:Definitions

• 122.7 (1) The following definitions apply in this Subdivision.

  adjusted net income

  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) [Repealed, 2018, c. 27, s. 12]

  • (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 20(1)(ww) or 60(y) or (z). (revenu net rajusté)

  cohabiting spouse or common-law partner

  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

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

  eligible dependant

  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

  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

  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

  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

  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

  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, be the individual’s income for the taxation year from an office or employment,

  • (b) all amounts that are 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 is 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:Optional amounts

  (1.1) An individual may determine the total amount for the definition working income for both the individual and the individual’s eligible spouse, if applicable, for a taxation year as if the Act were read without reference to paragraph 81(1)(a) and subsection 81(4) and if so, the individual shall determine the total amount for the definition adjusted net income for both the individual and the individual’s eligible spouse, if applicable, for the taxation year as if the Act were read without reference to paragraph 81(1)(a) and subsection 81(4).

• Marginal note:Receipt of social assistance

  (1.2) For the purposes of applying the definitions eligible dependant and eligible individual in subsection (1) for a taxation year, an individual shall not fail to qualify as a parent (within the meaning assigned by section 252) of another individual solely because of the receipt of a social assistance amount that is payable under a program of the Government of Canada, the government of a province or an Indigenous governing body (as defined in section 2 of the Children’s Special Allowances Act) for the benefit of the other individual, unless the amount is a special allowance under the Children’s Special Allowances Act in respect of the other individual in the taxation year.

• Marginal note:Secondary earner exemption

  (1.3) For the purposes of subsections (2) and (3),

  • (a) if an eligible individual had an eligible spouse for a taxation year and the working income for the year of the eligible individual was less than the working income for the year of the eligible spouse, the eligible individual’s adjusted net income for the year is deemed to be the amount, if any, by which the eligible individual’s adjusted net income for the year (determined without reference to this subsection) exceeds the lesser of

    • (i) the eligible individual’s working income for the year, and

    • (ii) $14,000; and

  • (b) if an eligible individual had an eligible spouse for a taxation year and the working income for the year of the eligible individual was greater than or equal to the working income for the year of the eligible spouse, the eligible spouse’s adjusted net income for the year is deemed to be the amount, if any, by which the eligible spouse’s adjusted net income for the year (determined without reference to this subsection) exceeds the lesser of

    • (i) the eligible spouse’s working income for the year, and

    • (ii) $14,000.

• Marginal note:Deemed payment on account of tax

  (2) Subject to subsection (5), an eligible individual for a taxation year who files a return of income 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

  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 $1,395 and 27% of the amount, if any, by which the individual’s working income for the taxation year exceeds $3,000, and

  • (b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, the lesser of $2,403 and 27% 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 $22,944, and

  • (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 $26,177.

• 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 $720 and 27% 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 $32,244,

  • (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 $42,197, and

  • (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 $42,197.

• (4) [Repealed, 2023, c. 26, s. 30]

• Marginal note:Only one eligible individual

  (5) If an eligible individual has an eligible spouse for a taxation year and both those individuals would be, but for this subsection, eligible individuals for the purposes of subsection (2) in respect of the taxation year,

  • (a) if the individuals agree on which individual is the eligible individual for the taxation year, only that individual shall be an eligible individual for the purposes of subsection (2) in respect of the taxation year; and

  • (b) in any other case, only the individual that the Minister designates is the eligible individual for the purposes of subsection (2) in respect of the taxation year.

• (6) [Repealed, 2023, c. 26, s. 30]

• (7) [Repealed, 2023, c. 26, s. 30]

• (8) [Repealed, 2023, c. 26, s. 30]

• (9) [Repealed, 2023, c. 26, s. 30]

• Marginal note:Special rules for eligible dependant

  (10) For the purpose of applying subsections (2) and (3), if an individual (referred to in this subsection as the “child”) would be, but for this subsection, an eligible dependant of more than one eligible individual for a taxation year, the child is deemed only to be an eligible dependant of

  • (a) if the individuals agree, the agreed upon individual; and

  • (b) in any other case, the individual designated by the Minister.

• 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.