II, s. 61, Sch IV, s. 15, Sch, VIII, s. 331995, c. 18, s. 881998, c. 19, s. 141999, c. 10, s. 442000, c. 12, s. 142, c. 19, s. 122001, c. 17, s. 602005, c. 21, s. 102, c. 49, s. 52011, c. 24, s. 182012, c. 19, s. 32013, c. 34, s. 2172014, c. 20, s. 4, c. 39, s. 182015, c. 36, s. 32016, c. 7, s. 82017, c. 20, s. 62018, c. 12, s. 52019, c. 29, s. 92022, c. 10, s. 42022, c. 10, s. 1792022, c. 14, s. 4
82(1)In computing the income of a taxpayer for a taxation year, there shall be included the total of the following amounts:(a)the amount, if any, by which(i)the total of all amounts, other than eligible dividends and amounts described in paragraph (c), (d) or (e), received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, taxable dividends,exceeds(ii)if the taxpayer is an individual, the total of all amounts each of which is, or is deemed by paragraph 260(12)(b) to have been, paid by the taxpayer in the taxation year and deemed by subsection 260(5.1) to have been received by another person as a taxable dividend (other than an eligible dividend);(a.1)the amount, if any, by which(i)the total of all amounts, other than amounts included in computing the income of the taxpayer because of paragraph (c), (d) or (e), received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, eligible dividends,exceeds(ii)if the taxpayer is an individual, the total of all amounts each of which is, or is deemed by paragraph 260(12)(b) to have been, paid by the taxpayer in the taxation year and deemed by subsection 260(5.1) to have been received by another person as an eligible dividend;(b)if the taxpayer is an individual, other than a trust that is a registered charity, the total of(i)the product of the amount determined under paragraph (a) in respect of the taxpayer for the taxation year multiplied by(A)for the 2018 taxation year, 16%, and(B)for taxation years after 2018, 15%, and(ii)the product of the amount determined under paragraph (a.1) in respect of the taxpayer for the taxation year multiplied by(A)for taxation years that end after 2005 and before 2010, 45%,(B)for the 2010 taxation year, 44%,(C)for the 2011 taxation year, 41%, and(D)for taxation years that end after 2011, 38%;(c)all taxable dividends received by the taxpayer in the taxation year, from corporations resident in Canada, under dividend rental arrangements of the taxpayer;(d)all taxable dividends (other than taxable dividends described in paragraph (c)) received by the taxpayer in the taxation year from corporations resident in Canada that are not taxable Canadian corporations; and(e)if the taxpayer is a trust, all amounts each of which is all or part of a taxable dividend (other than a taxable dividend described in paragraph (c) or (d)) that was received by the trust in the taxation year on a share of the capital stock of a taxable Canadian corporation and that can reasonably be considered to have been included in computing the income of a beneficiary under the trust who was non-resident at the end of the taxation year.Marginal note:Limitation as to paragraph (1)(c)(1.1)An amount shall be included in the amounts described in paragraph (1)(c) in respect of a taxable dividend received at any time as part of a dividend rental arrangement only if that dividend was received on a share acquired before that time and after April, 1989.Marginal note:Certain dividends received by taxpayer(2)Where by reason of subsection 56(4) or 56(4.1) or sections 74.1 to 75 of this Act or section 74 of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, there is included in computing a taxpayer’s income for a taxation year a dividend received by another person, for the purposes of this Act, the dividend shall be deemed to have been received by the taxpayer.Marginal note:Dividends received by spouse or common-law partner(3)Where the amount that would, but for this subsection, be deductible under subsection 118(1) by reason of paragraph 118(1)(a) in computing a taxpayer’s tax payable under this Part for a taxation year that is less than the amount that would be so deductible if no amount were required by subsection (1) to be included in computing the income for the year of the taxpayer’s spouse or common-law partner and the taxpayer so elects in the taxpayer’s return of income for the year under this Part, all amounts described in paragraph (1)(a) or (a.1) received in the year from taxable Canadian corporations by the taxpayer’s spouse or common-law partner are deemed to have been so received by that taxpayer and not by the spouse or common-law partner.
(a)the amount, if any, by which(i)the total of all amounts, other than eligible dividends and amounts described in paragraph (c), (d) or (e), received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, taxable dividends,exceeds(ii)if the taxpayer is an individual, the total of all amounts each of which is, or is deemed by paragraph 260(12)(b) to have been, paid by the taxpayer in the taxation year and deemed by subsection 260(5.1) to have been received by another person as a taxable dividend (other than an eligible dividend);(a.1)the amount, if any, by which(i)the total of all amounts, other than amounts included in computing the income of the taxpayer because of paragraph (c), (d) or (e), received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, eligible dividends,exceeds(ii)if the taxpayer is an individual, the total of all amounts each of which is, or is deemed by paragraph 260(12)(b) to have been, paid by the taxpayer in the taxation year and deemed by subsection 260(5.1) to have been received by another person as an eligible dividend;(b)if the taxpayer is an individual, other than a trust that is a registered charity, the total of(i)the product of the amount determined under paragraph (a) in respect of the taxpayer for the taxation year multiplied by(A)for the 2018 taxation year, 16%, and(B)for taxation years after 2018, 15%, and(ii)the product of the amount determined under paragraph (a.1) in respect of the taxpayer for the taxation year multiplied by(A)for taxation years that end after 2005 and before 2010, 45%,(B)for the 2010 taxation year, 44%,(C)for the 2011 taxation year, 41%, and(D)for taxation years that end after 2011, 38%;(c)all taxable dividends received by the taxpayer in the taxation year, from corporations resident in Canada, under dividend rental arrangements of the taxpayer;(d)all taxable dividends (other than taxable dividends described in paragraph (c)) received by the taxpayer in the taxation year from corporations resident in Canada that are not taxable Canadian corporations; and(e)if the taxpayer is a trust, all amounts each of which is all or part of a taxable dividend (other than a taxable dividend described in paragraph (c) or (d)) that was received by the trust in the taxation year on a share of the capital stock of a taxable Canadian corporation and that can reasonably be considered to have been included in computing the income of a beneficiary under the trust who was non-resident at the end of the taxation year.
(i)the total of all amounts, other than eligible dividends and amounts described in paragraph (c), (d) or (e), received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, taxable dividends,
(ii)if the taxpayer is an individual, the total of all amounts each of which is, or is deemed by paragraph 260(12)(b) to have been, paid by the taxpayer in the taxation year and deemed by subsection 260(5.1) to have been received by another person as a taxable dividend (other than an eligible dividend);
(i)the total of all amounts, other than amounts included in computing the income of the taxpayer because of paragraph (c), (d) or (e), received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, eligible dividends,
(ii)if the taxpayer is an individual, the total of all amounts each of which is, or is deemed by paragraph 260(12)(b) to have been, paid by the taxpayer in the taxation year and deemed by subsection 260(5.1) to have been received by another person as an eligible dividend;
(i)the product of the amount determined under paragraph (a) in respect of the taxpayer for the taxation year multiplied by(A)for the 2018 taxation year, 16%, and(B)for taxation years after 2018, 15%, and(ii)the product of the amount determined under paragraph (a.1) in respect of the taxpayer for the taxation year multiplied by(A)for taxation years that end after 2005 and before 2010, 45%,(B)for the 2010 taxation year, 44%,(C)for the 2011 taxation year, 41%, and(D)for taxation years that end after 2011, 38%;
(A)for the 2018 taxation year, 16%, and(B)for taxation years after 2018, 15%, and
(A)for taxation years that end after 2005 and before 2010, 45%,(B)for the 2010 taxation year, 44%,(C)for the 2011 taxation year, 41%, and(D)for taxation years that end after 2011, 38%;
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 821998, c. 19, s. 1142000, c. 12, s. 1422007, c. 2, s. 442008, c. 28, s. 82013, c. 33, s, 5, c. 34, s. 2182015, c. 36, s. 42016, c. 7, s. 92018, c. 12, s. 6
83(1)Where a qualifying dividend has been paid by a public corporation to shareholders of a series of tax-deferred preferred shares of a class of the capital stock of the corporation that were outstanding on March 31, 1977, the following rules apply:(a)no part of the qualifying dividend shall be included in computing the income of any shareholder of the corporation by virtue of this Subdivision; and(b)in computing the adjusted cost base to any shareholder of the corporation of any tax-deferred preferred share of the corporation owned by the shareholder, there shall be deducted in respect of the qualifying dividend an amount as provided by subparagraph 53(2)(a)(i).Marginal note:Capital dividend(2)Where at any particular time after 1971 a dividend becomes payable by a private corporation to shareholders of any class of shares of its capital stock and the corporation so elects in respect of the full amount of the dividend, in prescribed manner and prescribed form and at or before the particular time or the first day on which any part of the dividend was paid if that day is earlier than the particular time, the following rules apply:(a)the dividend shall be deemed to be a capital dividend to the extent of the corporation’s capital dividend account immediately before the particular time; and(b)no part of the dividend shall be included in computing the income of any shareholder of the corporation.Marginal note:Idem(2.1)Notwithstanding subsection 83(2), where a dividend that, but for this subsection, would be a capital dividend is paid on a share of the capital stock of a corporation and the share (or another share for which the share was substituted) was acquired by its holder in a transaction or as part of a series of transactions one of the main purposes of which was to receive the dividend,(a)the dividend shall, for the purposes of this Act (other than for the purposes of Part III and computing the capital dividend account of the corporation), be deemed to be received by the shareholder and paid by the corporation as a taxable dividend and not as a capital dividend; and(b)paragraph 83(2)(b) does not apply in respect of the dividend.Marginal note:Where s. (2.1) does not apply(2.2)Subsection 83(2.1) does not apply in respect of a particular dividend, in respect of which an election is made under subsection 83(2), paid on a share of the capital stock of a particular corporation to an individual where it is reasonable to consider that all or substantially all of the capital dividend account of the particular corporation immediately before the particular dividend became payable consisted of amounts other than any amount(a)added to that capital dividend account under paragraph (b) of the definitioncapital dividend accountin subsection 89(1) in respect of a dividend received on a share of the capital stock of another corporation, which share (or another share for which the share was substituted) was acquired by the particular corporation in a transaction or as part of a series of transactions one of the main purposes of which was that the particular corporation receive the dividend, but not in respect of a dividend where it is reasonable to consider that the purpose of paying the dividend was to distribute an amount that was received by the other corporation and included in computing the other corporation’s capital dividend account by reason of paragraph (d) of that definition;(b)added to that capital dividend account under paragraph 87(2)(z.1) as a result of an amalgamation or winding-up or a series of transactions including the amalgamation or winding-up that would not have been so added had the amalgamation or winding-up occurred or the series of transactions been commenced after 4:00 p.m