VIII, s. 22, c. 21, s. 1351997, c. 25, s. 111998, c. 19, s. 100(F)2000, c. 12, s. 1422001, c. 17, s. 240(F)2005, c. 33, s. 112013, c. 34, s. 109, c. 40, s. 28(F)
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 60.112013, c. 40, s. 29
60.2(1)There may be deducted in computing a taxpayer’s income for a taxation year an amount equal to the total of(a)where the taxation year ends before 1991, the total of all amounts each of which is that portion of an amount paid to the taxpayer before 1991 and included by reason of subparagraph 56(1)(a)(i) or paragraph 56(1)(h) or 56(1)(t) in computing the taxpayer’s income for the year or a preceding taxation year that can reasonably be considered to be a refund of additional voluntary contributions made by the taxpayer before October 9, 1986 to a registered pension plan for the taxpayer’s benefit in respect of services rendered by the taxpayer before the year in which the contributions were made, to the extent that the contributions were not deducted in computing the taxpayer’s income for any taxation year; and(b)the least of(i)$3,500,(ii)the total of all amounts each of which is an amount included after 1986 by reason of subparagraph 56(1)(a)(i) or paragraph 56(1)(d.2), 56(1)(h) or 56(1)(t) in computing the taxpayer’s income for the year, and(iii)the balance of the annuitized voluntary contributions of the taxpayer at the end of the year.Definition ofbalance of the annuitized voluntary contributions(2)For the purposes of subsection 60.2(1),balance of the annuitized voluntary contributionsof a taxpayer at the end of a taxation year means the amount, if any, by which(a)such part of the total of all amounts each of which is an additional voluntary contribution made by the taxpayer to a registered pension plan before October 9, 1986 in respect of services rendered by the taxpayer before the year in which the contribution was made, to the extent that the contribution was not deducted in computing the taxpayer’s income for any taxation year, as may reasonably be considered as having been(i)used before October 9, 1986 to acquire or provide an annuity for the taxpayer’s benefit under a registered pension plan or registered retirement savings plan, or(ii)transferred before October 9, 1986 to a registered retirement income fund under which the taxpayer was the annuitant (within the meaning assigned by subsection 146.3(1)) at the time of the transferexceeds(b)the total of all amounts each of which is(i)an amount deducted under paragraph 60.2(1)(b) in computing the taxpayer’s income for a preceding taxation year, or(ii)an amount deducted under paragraph 60.2(1)(a) in computing the taxpayer’s income for the year or a preceding taxation year, to the extent that the amount can reasonably be considered to be in respect of a refund of additional voluntary contributions included in determining the total under paragraph 60.2(2)(a).
(a)where the taxation year ends before 1991, the total of all amounts each of which is that portion of an amount paid to the taxpayer before 1991 and included by reason of subparagraph 56(1)(a)(i) or paragraph 56(1)(h) or 56(1)(t) in computing the taxpayer’s income for the year or a preceding taxation year that can reasonably be considered to be a refund of additional voluntary contributions made by the taxpayer before October 9, 1986 to a registered pension plan for the taxpayer’s benefit in respect of services rendered by the taxpayer before the year in which the contributions were made, to the extent that the contributions were not deducted in computing the taxpayer’s income for any taxation year; and(b)the least of(i)$3,500,(ii)the total of all amounts each of which is an amount included after 1986 by reason of subparagraph 56(1)(a)(i) or paragraph 56(1)(d.2), 56(1)(h) or 56(1)(t) in computing the taxpayer’s income for the year, and(iii)the balance of the annuitized voluntary contributions of the taxpayer at the end of the year.
(i)$3,500,(ii)the total of all amounts each of which is an amount included after 1986 by reason of subparagraph 56(1)(a)(i) or paragraph 56(1)(d.2), 56(1)(h) or 56(1)(t) in computing the taxpayer’s income for the year, and(iii)the balance of the annuitized voluntary contributions of the taxpayer at the end of the year.
(a)such part of the total of all amounts each of which is an additional voluntary contribution made by the taxpayer to a registered pension plan before October 9, 1986 in respect of services rendered by the taxpayer before the year in which the contribution was made, to the extent that the contribution was not deducted in computing the taxpayer’s income for any taxation year, as may reasonably be considered as having been(i)used before October 9, 1986 to acquire or provide an annuity for the taxpayer’s benefit under a registered pension plan or registered retirement savings plan, or(ii)transferred before October 9, 1986 to a registered retirement income fund under which the taxpayer was the annuitant (within the meaning assigned by subsection 146.3(1)) at the time of the transfer
(i)used before October 9, 1986 to acquire or provide an annuity for the taxpayer’s benefit under a registered pension plan or registered retirement savings plan, or(ii)transferred before October 9, 1986 to a registered retirement income fund under which the taxpayer was the annuitant (within the meaning assigned by subsection 146.3(1)) at the time of the transfer
(b)the total of all amounts each of which is(i)an amount deducted under paragraph 60.2(1)(b) in computing the taxpayer’s income for a preceding taxation year, or(ii)an amount deducted under paragraph 60.2(1)(a) in computing the taxpayer’s income for the year or a preceding taxation year, to the extent that the amount can reasonably be considered to be in respect of a refund of additional voluntary contributions included in determining the total under paragraph 60.2(2)(a).
(i)an amount deducted under paragraph 60.2(1)(b) in computing the taxpayer’s income for a preceding taxation year, or(ii)an amount deducted under paragraph 60.2(1)(a) in computing the taxpayer’s income for the year or a preceding taxation year, to the extent that the amount can reasonably be considered to be in respect of a refund of additional voluntary contributions included in determining the total under paragraph 60.2(2)(a).
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1990, c. 35, s. 6
61(1)In computing the income for a taxation year of an individual resident in Canada, there may be deducted an amount equal to the lesser of(a)such amount as the individual may claim, not exceeding the total of amounts each of which is a single payment(i)made by the individual in the year or within 60 days after the end of the year as consideration for an income-averaging annuity contract of the individual, and(ii)in respect of which no amount has been deducted in computing the individual’s income for the immediately preceding taxation year, and(b)the amount, if any, by which the total of(i)the remainder obtained when the total of the amounts deductible in computing the individual’s income for the year by reason of paragraphs 60(j) and 60(l) of this Act and paragraph 60(k) of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, is deducted from the total of amounts described in subsection 61(2) in respect of the individual for the year,(ii)the amount, if any, by which the amount determined under paragraph 3(b) in respect of the individual for the year exceeds the total of amounts each of which is an allowable business investment loss of the individual for the year,(iii)the individual’s income for the year from the production of a literary, dramatic, musical or artistic work,(iv)the individual’s income for the year from the individual’s activities as an athlete, a musician or a public entertainer such as a theatre, motion picture, radio or television artist, and(iv.1)the amount, if any, by which the amount included in computing the income of the individual for the year by virtue of section 59 exceeds the total of amounts deducted in computing the individual’s income for the year under sections 64, 66, 66.1, 66.2 and 66.4 and under section 29 of theIncome Tax Application Rules,exceeds(v)the total of amounts each of which is the annual annuity amount of the individual in respect of an income-averaging annuity contract in respect of the consideration for which any amount has been deducted under this subsection in computing the individual’s income for the year.Marginal note:Idem(2)For the purposes of subsection 61(1), an amount described in this subsection in respect of an individual for a taxation year is any following amount:(a)any single payment received by the individual in the year(i)out of or under a superannuation or pension fund or plan(A)on the death, withdrawal or retirement from employment of an employee or former employee,(B)on the winding-up of the fund or plan in full satisfaction of all rights of the payee in or under the fund or plan, or(C)to which the payee is entitled by virtue of an amendment to the plan although the payee continues to be an employee to whom the plan is applicable,(ii)on retirement as an employee in recognition of long service and not made out of or under a superannuation fund or plan,(iii)pursuant to an employees profit sharing plan in full satisfaction of all the individual’s rights in or under the plan, to the extent that the amount thereof is required to be included in computing the individual’s income for the year in which the payment was received, or(iv)pursuant to a deferred profit sharing plan on the death, withdrawal or retirement from employment of an employee or former employee, to the extent that the amount thereof is required to be included in computing the individual’s income for the year;(b)a payment or payments made by an employer to the individual as an employee or former employee on or after retirement in respect of loss of office or employment, if made in the year of retirement or within one year after that year;(c)a payment or payments paid to the individual as a death benefit, if paid in the year of death or within one year after that year;(d)any amount included in computing the individual’s income for the year by virtue of subsection 146(8), to the extent that the amount is a refund of premiums, as defined by section 146, under a registered retirement savings plan received by the individual under the plan on or after the death of the person who was, immediately before the person’s death, the annuitant thereunder;(e)any amount included in computing the individual’s income for the year by virtue of section 13, 14 or 23, subsection 28(4) or 28(5) or paragraph 106(2)(a) of this Act or subparagraph 56(1)(a)(viii) of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952;(f)any amount deemed by section 7 to be a benefit received by the individual in the year by virtue of the individual’s employment;(g)the amount, if any, by which any amount received by the individual in the year as or on account of a prize for achievement in a field of endeavour ordinarily carried on by the individual exceeds $500;(h)any amount included in computing the individual’s income for the year by virtue of subsection 146.2(6) of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952;(i)a payment made in the year to an individual by virtue of paragraph 51(2)(b) of theJudges Act;(j)except where the individual claimed a deduction under paragraph 23(3)(a) of theIncome Tax Application Rulesin computing the individual’s income for the year, any amount included in computing that income by virtue of paragraph 23(3)(c) of that Act; and(k)where the individual ceased to be a member of a partnership in the year or the preceding year and paragraph 34(a) applied in computing the individual’s income therefrom in the preceding year, the amount included in the individual’s income for the year by virtue of paragraph 3(a) to the extent that, having regard to all the circumstances including the proportion in which the members of the partnership have agreed to share the profits of the partnership, it can reasonably be considered to be in respect of the individual’s share of the work in progress of the partnership at the time the individual ceased to be a member thereof, if, during the remainder of the year in which the individual ceased to be a member and in the following year, the individual did not(i)become employed in the business that had been carried on by the partnership,(ii)carry on a business that is a profession, or(iii)become a member of a partnership that carries on a business that is a profession.Marginal note:Definitions(4)In this section,annual annuity amountannual annuity amountof an individual in respect of an income-averaging annuity contract means the total of the equal payments described in paragraph (c) of the definitionincome-averaging annuity contractin this subsection that, under the contract, are receivable by the individual in the twelve month period commencing on the day that the first such payment under the contract becomes receivable by the individual; (montant annuel de la rente)income-averaging annuity contractincome-averaging annuity contractof an individual means a contract between the individual and a person licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada an annuities business or a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee, under which(a)in consideration of a qualifying payment as consideration under the contract, that person agrees to pay to the individual, commencing at a time not later than 10 months after the individual has made the qualifying payment,(i)an annuity to the individual for the individual’s life, with or without a guaranteed term not exceeding the number of years that is the lesser of(A)15, and(B)85 minus the age of the individual at the time the annuity payments commence, or(ii)an annuity to the individual for a guaranteed term described in subparagraph (i), or(b)in consideration of a single payment in respect of the individual’s 1981 taxation year, other than a qualifying payment, made by the individual as consideration under the contract, that person makes all payments provided for under the contract to the individual before 1983and under which no payments are provided except the single payment by the individual and,(c)in respect of a contract referred to in paragraph (a), equal annuity payments that are to be made annually or at more frequent periodic intervals, or(d)in respect of a contract referred to in paragraph (b), payments described therein to the individual; (contrat de rente à versements invariables)qualifying paymentqualifying paymentmeans a single payment made before November 13, 1981 (or made on or after November 13, 1981 pursuant to an agreement in writing entered into before that date to make such a payment in respect of the individual’s 1981 taxation year, or pursuant to an arrangement in writing made before that date to have funds withheld before 1982 from any of the individual’s remuneration described in paragraph 61(1)(b) earned or received before November 13, 1981 and paid by or on behalf of the individual). (paiement admissible)
(a)such amount as the individual may claim, not exceeding the total of amounts each of which is a single payment(i)made by the individual in the year or within 60 days after the end of the year as consideration for an income-averaging annuity contract of the individual, and(ii)in respect of which no amount has been deducted in computing the individual’s income for the immediately preceding taxation year, and(b)the amount, if any, by which the total of(i)the remainder obtained when the total of the amounts deductible in computing the individual’s income for the year by reason of paragraphs 60(j) and 60(l) of this Act and paragraph 60(k) of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, is deducted from the total of amounts described in subsection 61(2) in respect of the individual for the year,(ii)the amount, if any, by which the amount determined under paragraph 3(b) in respect of the individual for the year exceeds the total of amounts each of which is an allowable business investment loss of the individual for the year,(iii)the individual’s income for the year from the production of a literary, dramatic, musical or artistic work,(iv)the individual’s income for the year from the individual’s activities as an athlete, a musician or a public entertainer such as a theatre, motion picture, radio or television artist, and(iv.1)the amount, if any, by which the amount included in computing the income of the individual for the year by virtue of section 59 exceeds the total of amounts deducted in computing the individual’s income for the year under sections 64, 66, 66.1, 66.2 and 66.4 and under section 29 of theIncome Tax Application Rules,exceeds(v)the total of amounts each of which is the annual annuity amount of the individual in respect of an income-averaging annuity contract in respect of the consideration for which any amount has been deducted under this subsection in computing the individual’s income for the year.
(i)made by the individual in the year or within 60 days after the end of the year as consideration for an income-averaging annuity contract of the individual, and(ii)in respect of which no amount has been deducted in computing the individual’s income for the immediately preceding taxation year, and
(i)the remainder obtained when the total of the amounts deductible in computing the individual’s income for the year by reason of paragraphs 60(j) and 60(l) of this Act and paragraph 60(k) of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, is deducted from the total of amounts described in subsection 61(2) in respect of the individual for the year,(ii)the amount, if any, by which the amount determined under paragraph 3(b) in respect of the individual for the year exceeds the total of amounts each of which is an allowable business investment loss of the individual for the year,(iii)the individual’s income for the year from the production of a literary, dramatic, musical or artistic work,(iv)the individual’s income for the year from the individual’s activities as an athlete, a musician or a public entertainer such as a theatre, motion picture, radio or television artist, and(iv.1)the amount, if any, by which the amount included in computing the income of the individual for the year by virtue of section 59 exceeds the total of amounts deducted in computing the individual’s income for the year under sections 64, 66, 66.1, 66.2 and 66.4 and under section 29 of theIncome Tax Application Rules,
(v)the total of amounts each of which is the annual annuity amount of the individual in respect of an income-averaging annuity contract in respect of the consideration for which any amount has been deducted under this subsection in computing the individual’s income for the year.
(a)any single payment received by the individual in the year(i)out of or under a superannuation or pension fund or plan(A)on the death, withdrawal or retirement from employment of an employee or former employee,(B)on the winding-up of the fund or plan in full satisfaction of all rights of the payee in or under the fund or plan, or(C)to which the payee is entitled by virtue of an amendment to the plan although the payee continues to be an employee to whom the plan is applicable,(ii)on retirement as an employee in recognition of long service and not made out of or under a superannuation fund or plan,(iii)pursuant to an employees profit sharing plan in full satisfaction of all the individual’s rights in or under the plan, to the extent that the amount thereof is required to be included in computing the individual’s income for the year in which the payment was received, or(iv)pursuant to a deferred profit sharing plan on the death, withdrawal or retirement from employment of an employee or former employee, to the extent that the amount thereof is required to be included in computing the individual’s income for the year;(b)a payment or payments made by an employer to the individual as an employee or former employee on or after retirement in respect of loss of office or employment, if made in the year of retirement or within one year after that year;(c)a payment or payments paid to the individual as a death benefit, if paid in the year of death or within one year after that year;(d)any amount included in computing the individual’s income for the year by virtue of subsection 146(8), to the extent that the amount is a refund of premiums, as defined by section 146, under a registered retirement savings plan received by the individual under the plan on or after the death of the person who was, immediately before the person’s death, the annuitant thereunder;(e)any amount included in computing the individual’s income for the year by virtue of section 13, 14 or 23, subsection 28(4) or 28(5) or paragraph 106(2)(a) of this Act or subparagraph 56(1)(a)(viii) of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952;(f)any amount deemed by section 7 to be a benefit received by the individual in the year by virtue of the individual’s employment;(g)the amount, if any, by which any amount received by the individual in the year as or on account of a prize for achievement in a field of endeavour ordinarily carried on by the individual exceeds $500;(h)any amount included in computing the individual’s income for the year by virtue of subsection 146.2(6) of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952;(i)a payment made in the year to an individual by virtue of paragraph 51(2)(b) of theJudges Act;(j)except where the individual claimed a deduction under paragraph 23(3)(a) of theIncome Tax Application Rulesin computing the individual’s income for the year, any amount included in computing that income by virtue of paragraph 23(3)(c) of that Act; and(k)where the individual ceased to be a member of a partnership in the year or the preceding year and paragraph 34(a) applied in computing the individual’s income therefrom in the preceding year, the amount included in the individual’s income for the year by virtue of paragraph 3(a) to the extent that, having regard to all the circumstances including the proportion in which the members of the partnership have agreed to share the profits of the partnership, it can reasonably be considered to be in respect of the individual’s share of the work in progress of the partnership at the time the individual ceased to be a member thereof, if, during the remainder of the year in which the individual ceased to be a member and in the following year, the individual did not(i)become employed in the business that had been carried on by the partnership,(ii)carry on a business that is a profession, or(iii)become a member of a partnership that carries on a business that is a profession.
(i)out of or under a superannuation or pension fund or plan(A)on the death, withdrawal or retirement from employment of an employee or former employee,(B)on the winding-up of the fund or plan in full satisfaction of all rights of the payee in or under the fund or plan, or(C)to which the payee is entitled by virtue of an amendment to the plan although the payee continues to be an employee to whom the plan is applicable,(ii)on retirement as an employee in recognition of long service and not made out of or under a superannuation fund or plan,(iii)pursuant to an employees profit sharing plan in full satisfaction of all the individual’s rights in or under the plan, to the extent that the amount thereof is required to be included in computing the individual’s income for the year in which the payment was received, or(iv)pursuant to a deferred profit sharing plan on the death, withdrawal or retirement from employment of an employee or former employee, to the extent that the amount thereof is required to be included in computing the individual’s income for the year;
(A)on the death, withdrawal or retirement from employment of an employee or former employee,(B)on the winding-up of the fund or plan in full satisfaction of all rights of the payee in or under the fund or plan, or(C)to which the payee is entitled by virtue of an amendment to the plan although the payee continues to be an employee to whom the plan is applicable,
(i)become employed in the business that had been carried on by the partnership,(ii)carry on a business that is a profession, or(iii)become a member of a partnership that carries on a business that is a profession.
(a)in consideration of a qualifying payment as consideration under the contract, that person agrees to pay to the individual, commencing at a time not later than 10 months after the individual has made the qualifying payment,(i)an annuity to the individual for the individual’s life, with or without a guaranteed term not exceeding the number of years that is the lesser of(A)15, and(B)85 minus the age of the individual at the time the annuity payments commence, or(ii)an annuity to the individual for a guaranteed term described in subparagraph (i), or(b)in consideration of a single payment in respect of the individual’s 1981 taxation year, other than a qualifying payment, made by the individual as consideration under the contract, that person makes all payments provided for under the contract to the individual before 1983
(i)an annuity to the individual for the individual’s life, with or without a guaranteed term not exceeding the number of years that is the lesser of(A)15, and(B)85 minus the age of the individual at the time the annuity payments commence, or(ii)an annuity to the individual for a guaranteed term described in subparagraph (i), or
(A)15, and(B)85 minus the age of the individual at the time the annuity payments commence, or
(c)in respect of a contract referred to in paragraph (a), equal annuity payments that are to be made annually or at more frequent periodic intervals, or(d)in respect of a contract referred to in paragraph (b), payments described therein to the individual; (contrat de rente à versements invariables)
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1970-71-72, c. 63, s. 1 “61”1973-74, c. 14, s. 17, c. 30, s. 51974-75-76, c. 26, s. 321976-77, c. 4, s. 181977-78, c. 1, ss. 26, 101(F)1979, c. 5, s. 181980-81-82-83, c. 48, s. 31, c. 140, s. 30
61.1(1)Where a contract that was at any time an income-averaging annuity contract of an individual has, at a subsequent time, ceased to be an income-averaging annuity contract otherwise than by virtue of the surrender, cancellation, redemption, sale or the disposition thereof, the individual shall be deemed to have received at that subsequent time as proceeds of the disposition of an income-averaging annuity contract an amount equal to the fair market value of the contract at that subsequent time and to have acquired the contract, as another contract not being an income-averaging annuity contract, immediately thereafter at a cost to the individual equal to that fair market value.Marginal note:Where annuitant dies and payments continued(2)Where an individual who was an annuitant under an income-averaging annuity contract has died and payments are subsequently made under that contract, the payments shall be deemed to be payments under an income-averaging annuity contract.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1976-77, c. 4, s. 19
(a)the total of all amounts each of which is an amount that, because of the application of section 80 to an obligation payable by the individual (or a partnership of which the individual was a member) was included under subsection 80(13) in computing the income of the individual for the year or the income of the partnership for a fiscal period that ends in the year (to the extent that, where the amount was included in computing income of a partnership, it relates to the individual’s share of that income)
(b)the total of all amounts deducted because of paragraph 80(15)(a) in computing the individual’s income for the year,
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1995, c. 21, s. 202000, c. 19, s. 8
61.3(1)There shall be deducted in computing the income for a taxation year of a corporation resident in Canada throughout the year that is not exempt from tax under this Part on its taxable income, the lesser of(a)the amount, if any, by which(i)the total of all amounts each of which is an amount that, because of the application of section 80 to a commercial obligation (in this section having the meaning assigned by subsection 80(1)) issued by the corporation (or a partnership of which the corporation was a member) was included under subsection 80(13) in computing the income of the corporation for the year or the income of the partnership for a fiscal period that ends in the year (to the extent that the amount, where it was included in computing income of a partnership, relates to the corporation’s share of that income)exceeds(ii)the total of all amounts deducted because of paragraph 80(15)(a) in computing the corporation’s income for the year, and(b)the amount determined by the formulaA - 2(B - C - D - E)whereAis the amount determined under paragraph 61.3(1)(a) in respect of the corporation for the year,Bis the total of(i)the fair market value of the assets of the corporation at the end of the year,(ii)the amounts paid before the end of the year on account of the corporation’s tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or on account of a similar tax payable for the year under an Act of a province, and(iii)all amounts paid by the corporation in the 12-month period preceding the end of the year to a person with whom the corporation does not deal at arm’s length(A)as a dividend (other than a stock dividend),(B)on a reduction of paid-up capital in respect of any class of shares of its capital stock,(C)on a redemption, acquisition or cancellation of its shares, or(D)as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders of any class of its capital stock, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction in the amount otherwise determined for C in respect of the corporation for the year,Cis the total liabilities of the corporation at the end of the year (determined without reference to the corporation’s liabilities for tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or for a similar tax payable for the year under an Act of a province) and, for this purpose,(i)the equity and consolidation methods of accounting shall not be used, and(ii)subject to subparagraph 61.3(1)(b)(i) and except as otherwise provided in this description, the total liabilities of the corporation shall(A)where the corporation is not an insurance corporation, a federal credit union or a bank to which clause (B) or (C) applies and the balance sheet as of the end of the year was presented to the shareholders of the corporation and was prepared in accordance with generally accepted accounting principles, be considered to be the total liabilities shown on the balance sheet,(B)where the corporation is a bank, a federal credit union or an insurance corporation that is required to report to the Superintendent of Financial Institutions and the balance sheet as of the end of the year was accepted by the Superintendent, be considered to be the total liabilities shown on that balance sheet,(C)where the corporation is an insurance corporation that is required to report to the superintendent of insurance or other similar officer or authority of the province under whose laws the corporation is incorporated and the balance sheet as of the end of the year was accepted by that officer or authority, be considered to be the total liabilities shown on that balance sheet, and(D)in any other case, be considered to be the amount that would be shown as total liabilities of the corporation at the end of the year on a balance sheet prepared in accordance with generally accepted accounting principles,Dis the total of all amounts each of which is the principal amount at the end of the year of a distress preferred share (within the meaning assigned by subsection 80(1)) issued by the corporation, andEis 50% of the amount, if any, by which(i)the amount that would be the corporation’s income for the year if that amount were determined without reference to this section and section 61.4exceeds(ii)the amount determined under paragraph 61.3(1)(a) in respect of the corporation for the year.Marginal note:Reserve for insolvency with respect to non-resident corporations(2)There shall be deducted in computing the income for a taxation year of a corporation that is non-resident at any time in the year, the lesser of(a)the amount, if any, by which(i)the total of all amounts each of which is an amount that, because of the application of section 80 to a commercial obligation issued by the corporation (or a partnership of which the corporation was a member) was included under subsection 80(13) in computing the corporation’s taxable income or taxable income earned in Canada for the year or the income of the partnership for a fiscal period that ends in the year (to the extent that, where the amount was included in computing income of a partnership, it relates to the corporation’s share of the partnership’s income added in computing the corporation’s taxable income or taxable income earned in Canada for the year)exceeds(ii)the total of all amounts deducted because of paragraph 80(15)(a) in computing the corporation’s taxable income or taxable income earned in Canada for the year, and(b)the amount determined by the formulaA - 2(B - C - D - E)whereAis the amount determined under paragraph 61.3(2)(a) in respect of the corporation for the year,Bis the total of(i)the fair market value of the assets of the corporation at the end of the year,(ii)the amounts paid before the end of the year on account of the corporation’s tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or on account of a similar tax payable for the year under an Act of a province, and(iii)all amounts paid in the 12-month period preceding the end of the year by the corporation to a person with whom the corporation does not deal at arm’s length(A)as a dividend (other than a stock dividend),(B)on a reduction of paid-up capital in respect of any class of shares of its capital stock,(C)on a redemption, acquisition or cancellation of its shares, or(D)as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders of any class of its capital stock, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction of the amount otherwise determined for C in respect of the corporation for the year,Cis the total liabilities of the corporation at the end of the year (determined without reference to the corporation’s liabilities for tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or for a similar tax payable for the year under an Act of a province), determined in the manner described in the description of C in paragraph 61.3(1)(b),Dis the total of all amounts each of which is the principal amount at the end of the year of a distress preferred share (within the meaning assigned by subsection 80(1)) issued by the corporation, andEis 50% of the amount, if any, by which(i)the amount that would be the corporation’s taxable income or taxable income earned in Canada for the year if that amount were determined without reference to this section and section 61.4exceeds(ii)the amount determined under paragraph 61.3(2)(a) in respect of the corporation for the year.Marginal note:Anti-avoidance(3)Subsections 61.3(1) and 61.3(2) do not apply to a corporation for a taxation year where property was transferred in the 12-month period preceding the end of the year or the corporation became indebted in that period and it can reasonably be considered that one of the reasons for the transfer or the indebtedness was to increase the amount that the corporation would, but for this subsection, be entitled to deduct under subsection 61.3(1) or 61.3(2).
(a)the amount, if any, by which(i)the total of all amounts each of which is an amount that, because of the application of section 80 to a commercial obligation (in this section having the meaning assigned by subsection 80(1)) issued by the corporation (or a partnership of which the corporation was a member) was included under subsection 80(13) in computing the income of the corporation for the year or the income of the partnership for a fiscal period that ends in the year (to the extent that the amount, where it was included in computing income of a partnership, relates to the corporation’s share of that income)exceeds(ii)the total of all amounts deducted because of paragraph 80(15)(a) in computing the corporation’s income for the year, and(b)the amount determined by the formulaA - 2(B - C - D - E)whereAis the amount determined under paragraph 61.3(1)(a) in respect of the corporation for the year,Bis the total of(i)the fair market value of the assets of the corporation at the end of the year,(ii)the amounts paid before the end of the year on account of the corporation’s tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or on account of a similar tax payable for the year under an Act of a province, and(iii)all amounts paid by the corporation in the 12-month period preceding the end of the year to a person with whom the corporation does not deal at arm’s length(A)as a dividend (other than a stock dividend),(B)on a reduction of paid-up capital in respect of any class of shares of its capital stock,(C)on a redemption, acquisition or cancellation of its shares, or(D)as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders of any class of its capital stock, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction in the amount otherwise determined for C in respect of the corporation for the year,Cis the total liabilities of the corporation at the end of the year (determined without reference to the corporation’s liabilities for tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or for a similar tax payable for the year under an Act of a province) and, for this purpose,(i)the equity and consolidation methods of accounting shall not be used, and(ii)subject to subparagraph 61.3(1)(b)(i) and except as otherwise provided in this description, the total liabilities of the corporation shall(A)where the corporation is not an insurance corporation, a federal credit union or a bank to which clause (B) or (C) applies and the balance sheet as of the end of the year was presented to the shareholders of the corporation and was prepared in accordance with generally accepted accounting principles, be considered to be the total liabilities shown on the balance sheet,(B)where the corporation is a bank, a federal credit union or an insurance corporation that is required to report to the Superintendent of Financial Institutions and the balance sheet as of the end of the year was accepted by the Superintendent, be considered to be the total liabilities shown on that balance sheet,(C)where the corporation is an insurance corporation that is required to report to the superintendent of insurance or other similar officer or authority of the province under whose laws the corporation is incorporated and the balance sheet as of the end of the year was accepted by that officer or authority, be considered to be the total liabilities shown on that balance sheet, and(D)in any other case, be considered to be the amount that would be shown as total liabilities of the corporation at the end of the year on a balance sheet prepared in accordance with generally accepted accounting principles,Dis the total of all amounts each of which is the principal amount at the end of the year of a distress preferred share (within the meaning assigned by subsection 80(1)) issued by the corporation, andEis 50% of the amount, if any, by which(i)the amount that would be the corporation’s income for the year if that amount were determined without reference to this section and section 61.4exceeds(ii)the amount determined under paragraph 61.3(1)(a) in respect of the corporation for the year.
(i)the total of all amounts each of which is an amount that, because of the application of section 80 to a commercial obligation (in this section having the meaning assigned by subsection 80(1)) issued by the corporation (or a partnership of which the corporation was a member) was included under subsection 80(13) in computing the income of the corporation for the year or the income of the partnership for a fiscal period that ends in the year (to the extent that the amount, where it was included in computing income of a partnership, relates to the corporation’s share of that income)
(ii)the total of all amounts deducted because of paragraph 80(15)(a) in computing the corporation’s income for the year, and
(i)the fair market value of the assets of the corporation at the end of the year,(ii)the amounts paid before the end of the year on account of the corporation’s tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or on account of a similar tax payable for the year under an Act of a province, and(iii)all amounts paid by the corporation in the 12-month period preceding the end of the year to a person with whom the corporation does not deal at arm’s length(A)as a dividend (other than a stock dividend),(B)on a reduction of paid-up capital in respect of any class of shares of its capital stock,(C)on a redemption, acquisition or cancellation of its shares, or(D)as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders of any class of its capital stock, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction in the amount otherwise determined for C in respect of the corporation for the year,
(A)as a dividend (other than a stock dividend),(B)on a reduction of paid-up capital in respect of any class of shares of its capital stock,(C)on a redemption, acquisition or cancellation of its shares, or(D)as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders of any class of its capital stock, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction in the amount otherwise determined for C in respect of the corporation for the year,
(i)the equity and consolidation methods of accounting shall not be used, and(ii)subject to subparagraph 61.3(1)(b)(i) and except as otherwise provided in this description, the total liabilities of the corporation shall(A)where the corporation is not an insurance corporation, a federal credit union or a bank to which clause (B) or (C) applies and the balance sheet as of the end of the year was presented to the shareholders of the corporation and was prepared in accordance with generally accepted accounting principles, be considered to be the total liabilities shown on the balance sheet,(B)where the corporation is a bank, a federal credit union or an insurance corporation that is required to report to the Superintendent of Financial Institutions and the balance sheet as of the end of the year was accepted by the Superintendent, be considered to be the total liabilities shown on that balance sheet,(C)where the corporation is an insurance corporation that is required to report to the superintendent of insurance or other similar officer or authority of the province under whose laws the corporation is incorporated and the balance sheet as of the end of the year was accepted by that officer or authority, be considered to be the total liabilities shown on that balance sheet, and(D)in any other case, be considered to be the amount that would be shown as total liabilities of the corporation at the end of the year on a balance sheet prepared in accordance with generally accepted accounting principles,
(A)where the corporation is not an insurance corporation, a federal credit union or a bank to which clause (B) or (C) applies and the balance sheet as of the end of the year was presented to the shareholders of the corporation and was prepared in accordance with generally accepted accounting principles, be considered to be the total liabilities shown on the balance sheet,(B)where the corporation is a bank, a federal credit union or an insurance corporation that is required to report to the Superintendent of Financial Institutions and the balance sheet as of the end of the year was accepted by the Superintendent, be considered to be the total liabilities shown on that balance sheet,(C)where the corporation is an insurance corporation that is required to report to the superintendent of insurance or other similar officer or authority of the province under whose laws the corporation is incorporated and the balance sheet as of the end of the year was accepted by that officer or authority, be considered to be the total liabilities shown on that balance sheet, and(D)in any other case, be considered to be the amount that would be shown as total liabilities of the corporation at the end of the year on a balance sheet prepared in accordance with generally accepted accounting principles,
(i)the amount that would be the corporation’s income for the year if that amount were determined without reference to this section and section 61.4
(ii)the amount determined under paragraph 61.3(1)(a) in respect of the corporation for the year.
(a)the amount, if any, by which(i)the total of all amounts each of which is an amount that, because of the application of section 80 to a commercial obligation issued by the corporation (or a partnership of which the corporation was a member) was included under subsection 80(13) in computing the corporation’s taxable income or taxable income earned in Canada for the year or the income of the partnership for a fiscal period that ends in the year (to the extent that, where the amount was included in computing income of a partnership, it relates to the corporation’s share of the partnership’s income added in computing the corporation’s taxable income or taxable income earned in Canada for the year)exceeds(ii)the total of all amounts deducted because of paragraph 80(15)(a) in computing the corporation’s taxable income or taxable income earned in Canada for the year, and(b)the amount determined by the formulaA - 2(B - C - D - E)whereAis the amount determined under paragraph 61.3(2)(a) in respect of the corporation for the year,Bis the total of(i)the fair market value of the assets of the corporation at the end of the year,(ii)the amounts paid before the end of the year on account of the corporation’s tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or on account of a similar tax payable for the year under an Act of a province, and(iii)all amounts paid in the 12-month period preceding the end of the year by the corporation to a person with whom the corporation does not deal at arm’s length(A)as a dividend (other than a stock dividend),(B)on a reduction of paid-up capital in respect of any class of shares of its capital stock,(C)on a redemption, acquisition or cancellation of its shares, or(D)as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders of any class of its capital stock, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction of the amount otherwise determined for C in respect of the corporation for the year,Cis the total liabilities of the corporation at the end of the year (determined without reference to the corporation’s liabilities for tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or for a similar tax payable for the year under an Act of a province), determined in the manner described in the description of C in paragraph 61.3(1)(b),Dis the total of all amounts each of which is the principal amount at the end of the year of a distress preferred share (within the meaning assigned by subsection 80(1)) issued by the corporation, andEis 50% of the amount, if any, by which(i)the amount that would be the corporation’s taxable income or taxable income earned in Canada for the year if that amount were determined without reference to this section and section 61.4exceeds(ii)the amount determined under paragraph 61.3(2)(a) in respect of the corporation for the year.
(i)the total of all amounts each of which is an amount that, because of the application of section 80 to a commercial obligation issued by the corporation (or a partnership of which the corporation was a member) was included under subsection 80(13) in computing the corporation’s taxable income or taxable income earned in Canada for the year or the income of the partnership for a fiscal period that ends in the year (to the extent that, where the amount was included in computing income of a partnership, it relates to the corporation’s share of the partnership’s income added in computing the corporation’s taxable income or taxable income earned in Canada for the year)
(ii)the total of all amounts deducted because of paragraph 80(15)(a) in computing the corporation’s taxable income or taxable income earned in Canada for the year, and
(i)the fair market value of the assets of the corporation at the end of the year,(ii)the amounts paid before the end of the year on account of the corporation’s tax payable under this Part or any of Parts I.3, II, VI and XIV for the year or on account of a similar tax payable for the year under an Act of a province, and(iii)all amounts paid in the 12-month period preceding the end of the year by the corporation to a person with whom the corporation does not deal at arm’s length(A)as a dividend (other than a stock dividend),(B)on a reduction of paid-up capital in respect of any class of shares of its capital stock,(C)on a redemption, acquisition or cancellation of its shares, or(D)as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders of any class of its capital stock, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction of the amount otherwise determined for C in respect of the corporation for the year,
(A)as a dividend (other than a stock dividend),(B)on a reduction of paid-up capital in respect of any class of shares of its capital stock,(C)on a redemption, acquisition or cancellation of its shares, or(D)as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders of any class of its capital stock, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction of the amount otherwise determined for C in respect of the corporation for the year,
(i)the amount that would be the corporation’s taxable income or taxable income earned in Canada for the year if that amount were determined without reference to this section and section 61.4
(ii)the amount determined under paragraph 61.3(2)(a) in respect of the corporation for the year.
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1995, c. 21, s. 201998, c. 19, s. 1012010, c. 12, s. 2108
(a)the amount determined by the formulaA - BwhereAis the amount, if any, by which(i)the total of all amounts each of which is an amount that, because of the application of section 80 to a commercial obligation (within the meaning assigned by subsection 80(1)) issued by the taxpayer (or a partnership of which the taxpayer was a member) was included under subsection 80(13) in computing the income of the taxpayer for the year or a preceding taxation year or of the partnership for a fiscal period that ends in that year or preceding year (to the extent that, where the amount was included in computing income of a partnership, it relates to the taxpayer’s share of that income)exceeds the total of(ii)all amounts each of which is an amount deducted under paragraph 80(15)(a) in computing the taxpayer’s income for the year or a preceding taxation year, and(iii)all amounts deducted under section 61.3 in computing the taxpayer’s income for the year or a preceding taxation year, andBis the amount, if any, by which the amount determined for A in respect of the taxpayer for the year exceeds the total of(i)the amount that would be determined for A in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for any preceding taxation year, and(ii)the amount, if any, included under section 56.3 in computing the taxpayer’s income for the year,(b)the total of(i)4/5 of the amount that would be determined for A in paragraph 61.4(a) in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for any preceding taxation year,(ii)3/5 of the amount that would be determined for A in paragraph 61.4(a) in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year (other than the last preceding taxation year),(iii)2/5 of the amount that would be determined for A in paragraph 61.4(a) in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year (other than the second last preceding taxation year), and(iv)1/5 of the amount that would be determined for A in paragraph 61.4(a) in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year (other than the third last preceding taxation year), and(c)where the taxpayer is a corporation that commences to wind up in the year (otherwise than in circumstances to which the rules in subsection 88(1) apply), nil.
(i)the total of all amounts each of which is an amount that, because of the application of section 80 to a commercial obligation (within the meaning assigned by subsection 80(1)) issued by the taxpayer (or a partnership of which the taxpayer was a member) was included under subsection 80(13) in computing the income of the taxpayer for the year or a preceding taxation year or of the partnership for a fiscal period that ends in that year or preceding year (to the extent that, where the amount was included in computing income of a partnership, it relates to the taxpayer’s share of that income)
(ii)all amounts each of which is an amount deducted under paragraph 80(15)(a) in computing the taxpayer’s income for the year or a preceding taxation year, and(iii)all amounts deducted under section 61.3 in computing the taxpayer’s income for the year or a preceding taxation year, and
(i)the amount that would be determined for A in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for any preceding taxation year, and(ii)the amount, if any, included under section 56.3 in computing the taxpayer’s income for the year,
(i)4/5 of the amount that would be determined for A in paragraph 61.4(a) in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for any preceding taxation year,(ii)3/5 of the amount that would be determined for A in paragraph 61.4(a) in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year (other than the last preceding taxation year),(iii)2/5 of the amount that would be determined for A in paragraph 61.4(a) in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year (other than the second last preceding taxation year), and(iv)1/5 of the amount that would be determined for A in paragraph 61.4(a) in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year (other than the third last preceding taxation year), and
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]1995, c. 21, s. 20
62(1)There may be deducted in computing a taxpayer’s income for a taxation year amounts paid by the taxpayer as or on account of moving expenses incurred in respect of an eligible relocation, to the extent that(a)they were not paid on the taxpayer’s behalf in respect of, in the course of or because of, the taxpayer’s office or employment;(b)they were not deductible because of this section in computing the taxpayer’s income for the preceding taxation year;(c)the total of those amounts does not exceed(i)in any case described in subparagraph (a)(i) of the definitioneligible relocationin subsection 248(1), the total of all amounts, each of which is an amount included in computing the taxpayer’s income for the taxation year from the taxpayer’s employment at a new work location or from carrying on the business at the new work location, or because of subparagraph 56(1)(r)(v) in respect of the taxpayer’s employment at the new work location, and(ii)in any case described in subparagraph (a)(ii) of the definitioneligible relocationin subsection 248(1), the total of amounts included in computing the taxpayer’s income for the year because of paragraphs 56(1)(n) and (o); and(d)all reimbursements and allowances received by the taxpayer in respect of those expenses are included in computing the taxpayer’s income.Marginal note:Moving expenses of students(2)There may be deducted in computing a taxpayer’s income for a taxation year the amount, if any, that the taxpayer would be entitled to deduct under subsection (1) if the definitioneligible relocationin subsection 248(1) were read without reference to subparagraph (a)(i) of that definition and if the word “both” in paragraph (c) of that definition were read as “either or both”.Definition ofmoving expenses(3)In subsection 62(1),moving expensesincludes any expense incurred as or on account of(a)travel costs (including a reasonable amount expended for meals and lodging), in the course of moving the taxpayer and members of the taxpayer’s household from the old residence to the new residence,(b)the cost to the taxpayer of transporting or storing household effects in the course of moving from the old residence to the new residence,(c)the cost to the taxpayer of meals and lodging near the old residence or the new residence for the taxpayer and members of the taxpayer’s household for a period not exceeding 15 days,(d)the cost to the taxpayer of cancelling the lease by virtue of which the taxpayer was the lessee of the old residence,(e)the taxpayer’s selling costs in respect of the sale of the old residence,(f)where the old residence is sold by the taxpayer or the taxpayer’s spouse or common-law partner as a result of the move, the cost to the taxpayer of legal services in respect of the purchase of the new residence and of any tax, fee or duty (other than any goods and services tax or value-added tax) imposed on the transfer or registration of title to the new residence,(g)interest, property taxes, insurance premiums and the cost of heating and utilities in respect of the old residence, to the extent of the lesser of $5,000 and the total of such expenses of the taxpayer for the period(i)throughout which the old residence is neither ordinarily occupied by the taxpayer or by any other person who ordinarily resided with the taxpayer at the old residence immediately before the move nor rented by the taxpayer to any other person, and(ii)in which reasonable efforts are made to sell the old residence, and(h)the cost of revising legal documents to reflect the address of the taxpayer’s new residence, of replacing drivers’ licenses and non-commercial vehicle permits (excluding any cost for vehicle insurance) and of connecting or disconnecting utilities,but, for greater certainty, does not include costs (other than costs referred to in paragraph 62(3)(f)) incurred by the taxpayer in respect of the acquisition of the new residence.
(a)they were not paid on the taxpayer’s behalf in respect of, in the course of or because of, the taxpayer’s office or employment;(b)they were not deductible because of this section in computing the taxpayer’s income for the preceding taxation year;(c)the total of those amounts does not exceed(i)in any case described in subparagraph (a)(i) of the definitioneligible relocationin subsection 248(1), the total of all amounts, each of which is an amount included in computing the taxpayer’s income for the taxation year from the taxpayer’s employment at a new work location or from carrying on the business at the new work location, or because of subparagraph 56(1)(r)(v) in respect of the taxpayer’s employment at the new work location, and(ii)in any case described in subparagraph (a)(ii) of the definitioneligible relocationin subsection 248(1), the total of amounts included in computing the taxpayer’s income for the year because of paragraphs 56(1)(n) and (o); and(d)all reimbursements and allowances received by the taxpayer in respect of those expenses are included in computing the taxpayer’s income.
(i)in any case described in subparagraph (a)(i) of the definitioneligible relocationin subsection 248(1), the total of all amounts, each of which is an amount included in computing the taxpayer’s income for the taxation year from the taxpayer’s employment at a new work location or from carrying on the business at the new work location, or because of subparagraph 56(1)(r)(v) in respect of the taxpayer’s employment at the new work location, and(ii)in any case described in subparagraph (a)(ii) of the definitioneligible relocationin subsection 248(1), the total of amounts included in computing the taxpayer’s income for the year because of paragraphs 56(1)(n) and (o); and
(a)travel costs (including a reasonable amount expended for meals and lodging), in the course of moving the taxpayer and members of the taxpayer’s household from the old residence to the new residence,(b)the cost to the taxpayer of transporting or storing household effects in the course of moving from the old residence to the new residence,(c)the cost to the taxpayer of meals and lodging near the old residence or the new residence for the taxpayer and members of the taxpayer’s household for a period not exceeding 15 days,(d)the cost to the taxpayer of cancelling the lease by virtue of which the taxpayer was the lessee of the old residence,(e)the taxpayer’s selling costs in respect of the sale of the old residence,(f)where the old residence is sold by the taxpayer or the taxpayer’s spouse or common-law partner as a result of the move, the cost to the taxpayer of legal services in respect of the purchase of the new residence and of any tax, fee or duty (other than any goods and services tax or value-added tax) imposed on the transfer or registration of title to the new residence,(g)interest, property taxes, insurance premiums and the cost of heating and utilities in respect of the old residence, to the extent of the lesser of $5,000 and the total of such expenses of the taxpayer for the period(i)throughout which the old residence is neither ordinarily occupied by the taxpayer or by any other person who ordinarily resided with the taxpayer at the old residence immediately before the move nor rented by the taxpayer to any other person, and(ii)in which reasonable efforts are made to sell the old residence, and(h)the cost of revising legal documents to reflect the address of the taxpayer’s new residence, of replacing drivers’ licenses and non-commercial vehicle permits (excluding any cost for vehicle insurance) and of connecting or disconnecting utilities,
(i)throughout which the old residence is neither ordinarily occupied by the taxpayer or by any other person who ordinarily resided with the taxpayer at the old residence immediately before the move nor rented by the taxpayer to any other person, and(ii)in which reasonable efforts are made to sell the old residence, and
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 621998, c. 19, s. 1021999, c. 22, s. 172000, c. 12, s. 1422009, c. 2, s. 162017, c. 33, s. 17
63(1)Subject to subsection 63(2), where a prescribed form containing prescribed information is filed with a taxpayer’s return of income (other than a return filed under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) under this Part for a taxation year, there may be deducted in computing the taxpayer’s income for the year such amount as the taxpayer claims not exceeding the total of all amounts each of which is an amount paid, as or on account of child care expenses incurred for services rendered in the year in respect of an eligible child of the taxpayer,(a)by the taxpayer, where the taxpayer is described in subsection (2) and the supporting person of the child for the year is a person described in clause (i)(D) of the description of C in the formula in that subsection, or(b)by the taxpayer or a supporting person of the child for the year, in any other case,to the extent that(c)the amount is not included in computing the amount deductible under this subsection by an individual (other than the taxpayer), and(d)the amount is not an amount (other than an amount that is included in computing a taxpayer’s income and that is not deductible in computing the taxpayer’s taxable income) in respect of which any taxpayer is or was entitled to a reimbursement or any other form of assistance,and the payment of which is proven by filing with the Minister one or more receipts each of which was issued by the payee and contains, where the payee is an individual, that individual’s Social Insurance Number, but not exceeding the amount, if any, by which(e)the lesser of(i)2/3 of the taxpayer’s earned income for the year, and(ii)the total of all amounts each of which is the annual child care expense amount in respect of an eligible child of the taxpayer for the yearexceeds(f)the total of all amounts each of which is an amount that is deducted, in respect of the taxpayer’s eligible children for the year, under this section in computing the income for the year of an individual (other than the taxpayer) to whom subsection 63(2) applies for the year.Marginal note:Income exceeding income of supporting person(2)Where the income for a taxation year of a taxpayer who has an eligible child for the year exceeds the income for that year of a supporting person of that child (on the assumption that both incomes are computed without reference to this section and paragraphs 60(v.1) and 60(w), the amount that may be deducted by the taxpayer under subsection 63(1) for the year as or on account of child care expenses shall not exceed the lesser of(a)the amount that would, but for this subsection, be deductible by the taxpayer for the year under subsection 63(1), and(b)the amount determined by the formulaA × CwhereAis the total of all amounts each of which is the periodic child care expense amount in respect of an eligible child of the taxpayer for the year, andB[Repealed, 2001, c. 17, s. 42]Cis the total of(i)the number of weeks in the year during which the child care expenses were incurred and throughout which the supporting person was(A)a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school of not less than 3 consecutive weeks duration that provides that each student in the program spend not less than 10 hours per week on courses or work in the program,(B)a person certified in writing by a medical doctor or a nurse practitioner to be a person who(I)was incapable of caring for children because of the person’s mental or physical infirmity and confinement throughout a period of not less than 2 weeks in the year to bed, to a wheelchair or as a patient in a hospital, an asylum or other similar institution, or(II)was in the year, and is likely to be for a long, continuous and indefinite period, incapable of caring for children, because of the person’s mental or physical infirmity,(C)a person confined to a prison or similar institution throughout a period of not less than 2 weeks in the year, or(D)a person who, because of a breakdown of the person’s marriage or common-law partnership, was living separate and apart from the taxpayer at the end of the year and for a period of at least 90 days that began in the year, and(ii)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in subparagraph (i)), each of which is a month during which the child care expenses were incurred and the supporting person was a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school that is not less than 3 consecutive weeks duration and that provides that each student in the program spend not less than 12 hours in the month on courses in the program.Marginal note:Taxpayer and supporting person with equal incomes(2.1)For the purposes of this section, where in any taxation year the income of a taxpayer who has an eligible child for the year and the income of a supporting person of the child are equal (on the assumption that both incomes are computed without reference to this section and paragraphs 60(v.1) and 60(w), no deduction shall be allowed under this section to the taxpayer and the supporting person in respect of the child unless they jointly elect to treat the income of one of them as exceeding the income of the other for the year.Marginal note:Expenses while at school(2.2)There may be deducted in computing a taxpayer’s income for a taxation year such part of the amount determined under subsection 63(2.3) as the taxpayer claims, where(a)the taxpayer is, at any time in the year, a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school of not less than 3 consecutive weeks duration that provides that each student in the program spend not less than(i)10 hours per week on courses or work in the program, or(ii)12 hours per month on courses in the program;(b)there is no supporting person of an eligible child of the taxpayer for the year or the income of the taxpayer for the year exceeds the income for the year of a supporting person of the child (on the assumption that both incomes are computed without reference to this section and paragraphs 60(v.1) and 60(w); and(c)a prescribed form containing prescribed information is filed with the taxpayer’s return of income (other than a return filed under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) for the year.Marginal note:Amount deductible(2.3)For the purpose of subsection 63(2.2), the amount determined in respect of a taxpayer for a taxation year is the least of(a)the amount by which the total of all amounts, each of which is an amount paid as or on account of child care expenses incurred for services rendered in the year in respect of an eligible child of the taxpayer, exceeds the amount that is deductible under subsection 63(1) in computing the taxpayer’s income for the year,(b)2/3 of the taxpayer’s income for the year computed without reference to this section and paragraphs 60(v.1) and 60(w,(c)the amount determined by the formulaA × CwhereAis the total of all amounts each of which is the periodic child care expense amount in respect of an eligible child of the taxpayer for the year, andB[Repealed, 2001, c. 17, s. 42]Cis(i)if there is a supporting person of an eligible child of the taxpayer for the year,(A)the number of weeks, in the year, in which both the taxpayer and the supporting person were students who would be described in paragraph (2.2)(a) if that paragraph were read without reference to subparagraph (ii), and(B)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in clause (A)), in which both the taxpayer and the supporting person were students described in paragraph (2.2)(a), and(ii)in any other case,(A)the number of weeks, in the year, in which the taxpayer was a student who would be described in paragraph (2.2)(a) if that paragraph were read without reference to subparagraph (ii), and(B)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in clause (A)), in which the taxpayer was a student described in paragraph (2.2)(a),(d)the amount by which the total calculated under subparagraph 63(1)(e)(ii) in respect of eligible children of the taxpayer for the year exceeds the amount that is deductible under subsection 63(1) in computing the taxpayer’s income for the year, and(e)where there is a supporting person of an eligible child of the taxpayer for the year, the amount by which the amount calculated under paragraph 63(2)(b) for the year in respect of the taxpayer exceeds 2/3 of the taxpayer’s earned income for the year.Marginal note:Definitions(3)In this section,annual child care expense amountannual child care expense amount, in respect of an eligible child of a taxpayer for a taxation year, means(a)$11,000, if the child is a person in respect of whom an amount may be deducted under section 118.3 in computing a taxpayer’s tax payable under this Part for the year, and(b)if the child is not a person referred to in paragraph (a),(i)$8,000, if the child is under 7 years of age at the end of the year, and(ii)$5,000, in any other case; (montant annuel de frais de garde d’enfants)child care expensechild care expensemeans an expense incurred in a taxation year for the purpose of providing in Canada, for an eligible child of a taxpayer, child care services including baby sitting services, day nursery services or services provided at a boarding school or camp if the services were provided(a)to enable the taxpayer, or the supporting person of the child for the year, who resided with the child at the time the expense was incurred,(i)to perform the duties of an office or employment,(ii)to carry on a business either alone or as a partner actively engaged in the business,(iii)[Repealed, 1996, c. 23, s. 173](iv)to carry on research or any similar work in respect of which the taxpayer or supporting person received a grant, or(v)to attend a designated educational institution or a secondary school, where the taxpayer is enrolled in a program of the institution or school of not less than three consecutive weeks duration that provides that each student in the program spend not less than(A)10 hours per week on courses or work in the program, or(B)12 hours per month on courses in the program, and(b)by a resident of Canada other than a person(i)who is the father or the mother of the child,(ii)who is a supporting person of the child or is under 18 years of age and related to the taxpayer, or(iii)in respect of whom an amount is deducted under section 118 in computing the tax payable under this Part for the year by the taxpayer or by a supporting person of the child,except that(c)any such expenses paid in the year for a child’s attendance at a boarding school or camp to the extent that the total of those expenses exceeds the product obtained when the periodic child care expense amount in respect of the child for the year is multiplied by the number of weeks in the year during which the child attended the school or camp, and(d)for greater certainty, any expenses described in subsection 118.2(2) and any other expenses that are paid for medical or hospital care, clothing, transportation or education or for board and lodging, except as otherwise expressly provided in this definition,are not child care expenses; (frais de garde d’enfants)earned incomeearned incomeof a taxpayer means the total of(a)all salaries, wages and other remuneration, including gratuities, received by the taxpayer in respect of in the course of, or because of, offices and employments,(b)all amounts that are included, or that would, but for paragraph 81(1)(a) or subsection 81(4), be included, because of section 6 or 7 or paragraph 56(1) (n), (n.1), (o) or (r), in computing the taxpayer’s income,(c)all the taxpayer’s incomes or the amounts that would, but for paragraph 81(1)(a), be the taxpayer’s incomes from all businesses carried on either alone or as a partner actively engaged in the business, and(d)all amounts received by the taxpayer as, on account of, in lieu of payment of or in satisfaction of, a disability pension under theCanada Pension Planor a provincial pension plan as defined in section 3 of that Act; (revenu gagné)eligible childeligible childof a taxpayer for a taxation year means(a)a child of the taxpayer or of the taxpayer’s spouse or common-law partner, or(b)a child dependent on the taxpayer or the taxpayer’s spouse or common-law partner for support and whose income for the year does not exceed the amount determined for F in subsection 118(1.1) for the yearif at any time during the year, the child(c)is under 16 years of age, or(d)is dependent on the taxpayer or on the taxpayer’s spouse or common-law partner and has a mental or physical infirmity; (enfant admissible)periodic child care expense amountperiodic child care expense amount, in respect of an eligible child of a taxpayer for a taxation year, means 1/40 of the annual child care expense amount in respect of the child for the year; (montant périodique de frais de garde d’enfants)supporting personsupporting personof an eligible child of a taxpayer for a taxation year means a person, other than the taxpayer, who is(a)a parent of the child,(b)the taxpayer’s spouse or common-law partner, or(c)an individual who deducted an amount under section 118 for the year in respect of the childif the parent, spouse or common-law partner or individual, as the case may be, resided with the taxpayer at any time during the year and at any time within 60 days after the end of the year. (personne assumant les frais d’entretien)Marginal note:COVID-19 – child care expenses(3.1)For the purpose of applying this section in respect of a taxpayer for the 2020 or 2021 taxation year,(a)the definitionchild care expensein subsection (3) is to be read without reference to its paragraph (a) if at any time in the year the taxpayer was entitled to an amount referred to in subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(r), in respect of the year; and(b)paragraph (b) of the definitionearned incomein subsection (3) is to be read as follows:(b)all amounts that are included, or that would, but for paragraph 81(1)(a) or subsection 81(4), be included, because of section 6 or 7, subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(n), (n.1), (o) or (r), in computing the taxpayer’s income,Marginal note:Commuter’s child care expense(4)Where in a taxation year a person resides in Canada near the boundary between Canada and the United States and while so resident incurs expenses for child care services that would be child care expenses if(a)the definitionchild care expensein subsection 248(1) were read without reference to the words “in Canada”, and(b)the reference in paragraph (b) of the definitionchild care expensein subsection 248(1) to “resident of Canada” were read as “person”,those expenses (other than expenses paid for a child’s attendance at a boarding school or camp outside Canada) shall be deemed to be child care expenses for the purpose of this section if the child care services are provided at a place that is closer to the person’s principal place of residence by a reasonably accessible route, having regard to the circumstances, than any place in Canada where such child care services are available and, in respect of those expenses, subsection 63(1) shall be read without reference to the words “and contains, where the payee is an individual, that individual’s Social Insurance Number”.
(a)by the taxpayer, where the taxpayer is described in subsection (2) and the supporting person of the child for the year is a person described in clause (i)(D) of the description of C in the formula in that subsection, or(b)by the taxpayer or a supporting person of the child for the year, in any other case,
(c)the amount is not included in computing the amount deductible under this subsection by an individual (other than the taxpayer), and(d)the amount is not an amount (other than an amount that is included in computing a taxpayer’s income and that is not deductible in computing the taxpayer’s taxable income) in respect of which any taxpayer is or was entitled to a reimbursement or any other form of assistance,
(e)the lesser of(i)2/3 of the taxpayer’s earned income for the year, and(ii)the total of all amounts each of which is the annual child care expense amount in respect of an eligible child of the taxpayer for the year
(i)2/3 of the taxpayer’s earned income for the year, and(ii)the total of all amounts each of which is the annual child care expense amount in respect of an eligible child of the taxpayer for the year
(f)the total of all amounts each of which is an amount that is deducted, in respect of the taxpayer’s eligible children for the year, under this section in computing the income for the year of an individual (other than the taxpayer) to whom subsection 63(2) applies for the year.
(a)the amount that would, but for this subsection, be deductible by the taxpayer for the year under subsection 63(1), and(b)the amount determined by the formulaA × CwhereAis the total of all amounts each of which is the periodic child care expense amount in respect of an eligible child of the taxpayer for the year, andB[Repealed, 2001, c. 17, s. 42]Cis the total of(i)the number of weeks in the year during which the child care expenses were incurred and throughout which the supporting person was(A)a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school of not less than 3 consecutive weeks duration that provides that each student in the program spend not less than 10 hours per week on courses or work in the program,(B)a person certified in writing by a medical doctor or a nurse practitioner to be a person who(I)was incapable of caring for children because of the person’s mental or physical infirmity and confinement throughout a period of not less than 2 weeks in the year to bed, to a wheelchair or as a patient in a hospital, an asylum or other similar institution, or(II)was in the year, and is likely to be for a long, continuous and indefinite period, incapable of caring for children, because of the person’s mental or physical infirmity,(C)a person confined to a prison or similar institution throughout a period of not less than 2 weeks in the year, or(D)a person who, because of a breakdown of the person’s marriage or common-law partnership, was living separate and apart from the taxpayer at the end of the year and for a period of at least 90 days that began in the year, and(ii)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in subparagraph (i)), each of which is a month during which the child care expenses were incurred and the supporting person was a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school that is not less than 3 consecutive weeks duration and that provides that each student in the program spend not less than 12 hours in the month on courses in the program.
(i)the number of weeks in the year during which the child care expenses were incurred and throughout which the supporting person was(A)a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school of not less than 3 consecutive weeks duration that provides that each student in the program spend not less than 10 hours per week on courses or work in the program,(B)a person certified in writing by a medical doctor or a nurse practitioner to be a person who(I)was incapable of caring for children because of the person’s mental or physical infirmity and confinement throughout a period of not less than 2 weeks in the year to bed, to a wheelchair or as a patient in a hospital, an asylum or other similar institution, or(II)was in the year, and is likely to be for a long, continuous and indefinite period, incapable of caring for children, because of the person’s mental or physical infirmity,(C)a person confined to a prison or similar institution throughout a period of not less than 2 weeks in the year, or(D)a person who, because of a breakdown of the person’s marriage or common-law partnership, was living separate and apart from the taxpayer at the end of the year and for a period of at least 90 days that began in the year, and(ii)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in subparagraph (i)), each of which is a month during which the child care expenses were incurred and the supporting person was a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school that is not less than 3 consecutive weeks duration and that provides that each student in the program spend not less than 12 hours in the month on courses in the program.
(A)a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school of not less than 3 consecutive weeks duration that provides that each student in the program spend not less than 10 hours per week on courses or work in the program,(B)a person certified in writing by a medical doctor or a nurse practitioner to be a person who(I)was incapable of caring for children because of the person’s mental or physical infirmity and confinement throughout a period of not less than 2 weeks in the year to bed, to a wheelchair or as a patient in a hospital, an asylum or other similar institution, or(II)was in the year, and is likely to be for a long, continuous and indefinite period, incapable of caring for children, because of the person’s mental or physical infirmity,(C)a person confined to a prison or similar institution throughout a period of not less than 2 weeks in the year, or(D)a person who, because of a breakdown of the person’s marriage or common-law partnership, was living separate and apart from the taxpayer at the end of the year and for a period of at least 90 days that began in the year, and
(I)was incapable of caring for children because of the person’s mental or physical infirmity and confinement throughout a period of not less than 2 weeks in the year to bed, to a wheelchair or as a patient in a hospital, an asylum or other similar institution, or(II)was in the year, and is likely to be for a long, continuous and indefinite period, incapable of caring for children, because of the person’s mental or physical infirmity,
(a)the taxpayer is, at any time in the year, a student in attendance at a designated educational institution or a secondary school and enrolled in a program of the institution or school of not less than 3 consecutive weeks duration that provides that each student in the program spend not less than(i)10 hours per week on courses or work in the program, or(ii)12 hours per month on courses in the program;(b)there is no supporting person of an eligible child of the taxpayer for the year or the income of the taxpayer for the year exceeds the income for the year of a supporting person of the child (on the assumption that both incomes are computed without reference to this section and paragraphs 60(v.1) and 60(w); and(c)a prescribed form containing prescribed information is filed with the taxpayer’s return of income (other than a return filed under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) for the year.
(i)10 hours per week on courses or work in the program, or(ii)12 hours per month on courses in the program;
(a)the amount by which the total of all amounts, each of which is an amount paid as or on account of child care expenses incurred for services rendered in the year in respect of an eligible child of the taxpayer, exceeds the amount that is deductible under subsection 63(1) in computing the taxpayer’s income for the year,(b)2/3 of the taxpayer’s income for the year computed without reference to this section and paragraphs 60(v.1) and 60(w,(c)the amount determined by the formulaA × CwhereAis the total of all amounts each of which is the periodic child care expense amount in respect of an eligible child of the taxpayer for the year, andB[Repealed, 2001, c. 17, s. 42]Cis(i)if there is a supporting person of an eligible child of the taxpayer for the year,(A)the number of weeks, in the year, in which both the taxpayer and the supporting person were students who would be described in paragraph (2.2)(a) if that paragraph were read without reference to subparagraph (ii), and(B)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in clause (A)), in which both the taxpayer and the supporting person were students described in paragraph (2.2)(a), and(ii)in any other case,(A)the number of weeks, in the year, in which the taxpayer was a student who would be described in paragraph (2.2)(a) if that paragraph were read without reference to subparagraph (ii), and(B)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in clause (A)), in which the taxpayer was a student described in paragraph (2.2)(a),(d)the amount by which the total calculated under subparagraph 63(1)(e)(ii) in respect of eligible children of the taxpayer for the year exceeds the amount that is deductible under subsection 63(1) in computing the taxpayer’s income for the year, and(e)where there is a supporting person of an eligible child of the taxpayer for the year, the amount by which the amount calculated under paragraph 63(2)(b) for the year in respect of the taxpayer exceeds 2/3 of the taxpayer’s earned income for the year.
(i)if there is a supporting person of an eligible child of the taxpayer for the year,(A)the number of weeks, in the year, in which both the taxpayer and the supporting person were students who would be described in paragraph (2.2)(a) if that paragraph were read without reference to subparagraph (ii), and(B)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in clause (A)), in which both the taxpayer and the supporting person were students described in paragraph (2.2)(a), and(ii)in any other case,(A)the number of weeks, in the year, in which the taxpayer was a student who would be described in paragraph (2.2)(a) if that paragraph were read without reference to subparagraph (ii), and(B)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in clause (A)), in which the taxpayer was a student described in paragraph (2.2)(a),
(A)the number of weeks, in the year, in which both the taxpayer and the supporting person were students who would be described in paragraph (2.2)(a) if that paragraph were read without reference to subparagraph (ii), and(B)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in clause (A)), in which both the taxpayer and the supporting person were students described in paragraph (2.2)(a), and
(A)the number of weeks, in the year, in which the taxpayer was a student who would be described in paragraph (2.2)(a) if that paragraph were read without reference to subparagraph (ii), and(B)the number of months in the year (other than a month that includes all or part of a week included in the number of weeks referred to in clause (A)), in which the taxpayer was a student described in paragraph (2.2)(a),
(a)$11,000, if the child is a person in respect of whom an amount may be deducted under section 118.3 in computing a taxpayer’s tax payable under this Part for the year, and(b)if the child is not a person referred to in paragraph (a),(i)$8,000, if the child is under 7 years of age at the end of the year, and(ii)$5,000, in any other case; (montant annuel de frais de garde d’enfants)
(i)$8,000, if the child is under 7 years of age at the end of the year, and(ii)$5,000, in any other case; (montant annuel de frais de garde d’enfants)
(a)to enable the taxpayer, or the supporting person of the child for the year, who resided with the child at the time the expense was incurred,(i)to perform the duties of an office or employment,(ii)to carry on a business either alone or as a partner actively engaged in the business,(iii)[Repealed, 1996, c. 23, s. 173](iv)to carry on research or any similar work in respect of which the taxpayer or supporting person received a grant, or(v)to attend a designated educational institution or a secondary school, where the taxpayer is enrolled in a program of the institution or school of not less than three consecutive weeks duration that provides that each student in the program spend not less than(A)10 hours per week on courses or work in the program, or(B)12 hours per month on courses in the program, and(b)by a resident of Canada other than a person(i)who is the father or the mother of the child,(ii)who is a supporting person of the child or is under 18 years of age and related to the taxpayer, or(iii)in respect of whom an amount is deducted under section 118 in computing the tax payable under this Part for the year by the taxpayer or by a supporting person of the child,
(i)to perform the duties of an office or employment,(ii)to carry on a business either alone or as a partner actively engaged in the business,(iii)[Repealed, 1996, c. 23, s. 173](iv)to carry on research or any similar work in respect of which the taxpayer or supporting person received a grant, or(v)to attend a designated educational institution or a secondary school, where the taxpayer is enrolled in a program of the institution or school of not less than three consecutive weeks duration that provides that each student in the program spend not less than(A)10 hours per week on courses or work in the program, or(B)12 hours per month on courses in the program, and
(A)10 hours per week on courses or work in the program, or(B)12 hours per month on courses in the program, and
(i)who is the father or the mother of the child,(ii)who is a supporting person of the child or is under 18 years of age and related to the taxpayer, or(iii)in respect of whom an amount is deducted under section 118 in computing the tax payable under this Part for the year by the taxpayer or by a supporting person of the child,
(c)any such expenses paid in the year for a child’s attendance at a boarding school or camp to the extent that the total of those expenses exceeds the product obtained when the periodic child care expense amount in respect of the child for the year is multiplied by the number of weeks in the year during which the child attended the school or camp, and(d)for greater certainty, any expenses described in subsection 118.2(2) and any other expenses that are paid for medical or hospital care, clothing, transportation or education or for board and lodging, except as otherwise expressly provided in this definition,
(a)all salaries, wages and other remuneration, including gratuities, received by the taxpayer in respect of in the course of, or because of, offices and employments,(b)all amounts that are included, or that would, but for paragraph 81(1)(a) or subsection 81(4), be included, because of section 6 or 7 or paragraph 56(1) (n), (n.1), (o) or (r), in computing the taxpayer’s income,(c)all the taxpayer’s incomes or the amounts that would, but for paragraph 81(1)(a), be the taxpayer’s incomes from all businesses carried on either alone or as a partner actively engaged in the business, and(d)all amounts received by the taxpayer as, on account of, in lieu of payment of or in satisfaction of, a disability pension under theCanada Pension Planor a provincial pension plan as defined in section 3 of that Act; (revenu gagné)
(a)a child of the taxpayer or of the taxpayer’s spouse or common-law partner, or(b)a child dependent on the taxpayer or the taxpayer’s spouse or common-law partner for support and whose income for the year does not exceed the amount determined for F in subsection 118(1.1) for the year
(c)is under 16 years of age, or(d)is dependent on the taxpayer or on the taxpayer’s spouse or common-law partner and has a mental or physical infirmity; (enfant admissible)
(a)a parent of the child,(b)the taxpayer’s spouse or common-law partner, or(c)an individual who deducted an amount under section 118 for the year in respect of the child
(a)the definitionchild care expensein subsection (3) is to be read without reference to its paragraph (a) if at any time in the year the taxpayer was entitled to an amount referred to in subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(r), in respect of the year; and(b)paragraph (b) of the definitionearned incomein subsection (3) is to be read as follows:(b)all amounts that are included, or that would, but for paragraph 81(1)(a) or subsection 81(4), be included, because of section 6 or 7, subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(n), (n.1), (o) or (r), in computing the taxpayer’s income,
(b)all amounts that are included, or that would, but for paragraph 81(1)(a) or subsection 81(4), be included, because of section 6 or 7, subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(n), (n.1), (o) or (r), in computing the taxpayer’s income,
(a)the definitionchild care expensein subsection 248(1) were read without reference to the words “in Canada”, and(b)the reference in paragraph (b) of the definitionchild care expensein subsection 248(1) to “resident of Canada” were read as “person”,
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 631994, c. 7, Sch