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Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Assented to 2019-06-21

PART 1Income Tax Act and Other Legislation (continued)

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

  •  (1) Paragraph (a) of the definition total cultural gifts in subsection 118.1(1) of the Act is replaced by the following:

  • (2) Subsection (1) is deemed to have come into force on March 19, 2019.

  •  (1) Paragraph 118.2(2)(u) of the Act is replaced by the following:

    • (u) on behalf of the patient who is the holder of a medical document (as defined in subsection 264(1) of the Cannabis Regulations) to support their use of cannabis for medical purposes, for the cost of cannabis, cannabis oil, cannabis plant seeds or cannabis products purchased for medical purposes from a holder of a licence for sale (as defined in subsection 264(1) of the Cannabis Regulations).

  • (2) Subsection (1) is deemed to have come into force on October 17, 2018.

  •  (1) The portion of subsection 118.5(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Tuition credit

    • 118.5 (1) Subject to subsection (1.2), for the purpose of computing the tax payable under this Part by an individual for a taxation year, there may be deducted,

  • (2) Section 118.5 of the Act is amended by adding the following after subsection (1.1):

    • Marginal note:Canada training credit reduction

      (1.2) The amount that may be deducted for a taxation year by an individual under subsection (1) is to be reduced by the amount determined by the formula

      A × B

      where

      A
      is the appropriate percentage for the taxation year; and
      B
      is the amount, if any, deemed to have been paid by the individual under subsection 122.91(1) in respect of the taxation year.
  • (3) Subsections (1) and (2) are deemed to have come into force on January 1, 2019.

  •  (1) Section 118.92 of the Act is replaced by the following:

    Marginal note:Ordering of credits

    118.92 In computing an individual’s tax payable under this Part, the following provisions shall be applied in the following order: subsections 118(1) and (2), section 118.7, subsections 118(3) and (10) and sections 118.01, 118.02, 118.04, 118.041, 118.05, 118.06, 118.07, 118.3, 118.61, 118.5, 118.9, 118.8, 118.2, 118.1, 118.62 and 121.

  • (2) Subsection (1) comes into force on January 1, 2020.

  •  (1) Section 122.7 of the Act is amended by adding the following after subsection (1.1):

    • 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 or the government of a province 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.

  • (2) Subsection (1) is deemed to have come into force on January 1, 2009.

  •  (1) The Act is amended by adding the following after section 122.9:

    SUBDIVISION A.5Canada Training Credit

    Marginal note:Claimed amount

    • 122.91 (1) An individual who is resident in Canada throughout a taxation year, files a return of income for the taxation year and 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 claimed by the individual that does not exceed the lesser of

      • (a) the training amount limit of the individual for the taxation year, and

      • (b) 50% of the amount that would be deductible under paragraph 118.5(1)(a) or (d) in computing the individual’s tax payable under this Part for the taxation year if

        • (i) this Act were read without reference to subsections 118.5(1.2) and (2), and

        • (ii) the appropriate percentage for the taxation year were 100%.

    • Marginal note:Training amount limit

      (2) For the purposes of this section, the training amount limit of an individual for a taxation year is

      • (a) if the taxation year is after 2019 and the individual has attained the age of 26 years, and has not attained the age of 66 years, before the end of the taxation year, the lesser of

        • (i) the amount determined by the formula

          A + B − C

          where

          A
          is the individual’s training amount limit for the preceding taxation year,
          B
          is
          • (A) $250, if

            • (I) the individual has filed a return of income for the preceding taxation year,

            • (II) the individual was resident in Canada throughout the preceding taxation year,

            • (III) the total of the following amounts is greater than or equal to $10,000:

              • 1 the amount that would be the individual’s working income (as defined in subsection 122.7(1)) for the preceding taxation year, if this Act were read without reference to paragraph 81(1)(a) and subsection 81(4),

              • 2 the total of all amounts each of which is an amount payable to the individual under subsection 22(1), 23(1), 152.04(1) or 152.05(1) of the Employment Insurance Act in the preceding taxation year, and

              • 3 the amount that would be included in the individual’s income because of subparagraph 56(1)(a)(vii) in computing the individual’s income for the preceding taxation year, if this Act were read without reference to paragraph 81(1)(a), and

            • (IV) the individual’s income for the preceding taxation year under this Part does not exceed the higher dollar amount referred to in paragraph 117(2)(c), as adjusted under this Act for the preceding taxation year, and

          • (B) nil, in any other case, and

          C
          is the amount deemed to have been paid by the individual under subsection (1) in respect of the preceding taxation year, and
        • (ii) the amount determined by the formula

          $5,000 − D

          where

          D
          is the total of all amounts deemed to have been paid by the individual under subsection (1) in respect of a preceding taxation year; and
      • (b) nil, in any other case.

    • Marginal note:Effect of bankruptcy

      (3) 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 income under this Part for the taxation year ending on December 31 of the particular calendar year is deemed to include the individual’s working income and the income under this Part for the taxation year that begins on January 1 of the particular calendar year.

    • Marginal note:Special rules in the event of death

      (4) For the purposes of this section, if an individual dies in a calendar year,

      • (a) the individual is deemed to be resident in Canada from the time of death until the end of the year;

      • (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; and

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

  • (2) Subsection (1) is deemed to have come into force on January 1, 2019.

 

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