Income Tax Regulations (C.R.C., c. 945)
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Regulations are current to 2013-04-29 and last amended on 2013-02-14. Previous Versions
Minister’s Powers
8310. (1) Where more than one method for determining an amount under this Part complies with the rules in this Part, only such of those methods as are acceptable to the Minister shall be used.
(2) Where, in a particular case, the rules in this Part require the determination of an amount in a manner that is not appropriate having regard to the provisions of this Part read as a whole and the purposes for which the amount is determined, the Minister may permit or require the amount to be determined in a manner that, in the Minister’s opinion, is appropriate.
(3) Where, pursuant to subsection (2), the Minister gives permission or imposes a requirement, the permission or requirement is not effective unless it is given or imposed in writing.
- NOTE: Application provisions are not included in the consolidated text;
- see relevant amending regulations. SOR/92-51, s. 7.
Rounding of Amounts
8311. Where a pension credit, provisional PSPA or PAR of an individual is not a multiple of one dollar, it shall be rounded to the nearest multiple of one dollar or, if it is equidistant from two such consecutive multiples, to the higher of the two multiples.
- NOTE: Application provisions are not included in the consolidated text;
- see relevant amending regulations. SOR/92-51, s. 7;
- SOR/99-9, s. 15.
PART LXXXIV
RETIREMENT AND PROFIT-SHARING PLANS — REPORTING AND PROVISION OF INFORMATION
Definitions
8400. (1) All words and expressions used in this Part that are defined in subsection 8300(1), 8308.4(1) or 8500(1) or in subsection 147.1(1) of the Act have the meanings assigned in those provisions.
(2) A reference in this Part to a pension credit of an individual means a pension credit of the individual as determined under Part LXXXIII.
(3) For the purposes of this Part, where the administrator of a pension plan is not otherwise a person, the administrator shall be deemed to be a person.
- NOTE: Application provisions are not included in the consolidated text;
- see relevant amending regulations. SOR/92-51, s. 7;
- SOR/96-311, s. 10.
Pension Adjustment
8401. (1) Where the pension adjustment of an individual for a calendar year with respect to an employer is greater than nil, the employer shall, on or before the last day of February in the immediately following calendar year, file with the Minister an information return in prescribed form reporting the pension adjustment, other than the portion, if any, required by subsection (2) or (3) to be reported by the administrator of a registered pension plan.
(2) Where an individual makes a contribution in a particular calendar year to a registered pension plan that is a specified multi-employer plan in the year and the contribution is not remitted to the plan by any participating employer on behalf of the individual, the plan administrator shall, on or before the last day of February in the immediately following calendar year, file with the Minister an information return in prescribed form reporting the aggregate of all amounts each of which is the portion, if any, of the individual’s pension adjustment for the particular year with respect to an employer that may reasonably be considered to result from the contribution.
(3) Where the portion of a pension credit of an individual for a calendar year that, pursuant to subsection (4), is reportable by the administrator of a registered pension plan is greater than nil, the administrator shall, on or before the last day of February in the immediately following calendar year, file with the Minister an information return in prescribed form reporting that portion of the pension credit.
(4) For the purpose of subsection (3), where, on application by the administrator of a registered pension plan that is, in a calendar year, a multi-employer plan (other than a specified multi-employer plan), the Minister consents in writing to the application of this subsection in respect of the plan in the year, such portion of each pension credit for the year under a defined benefit provision of the plan as may reasonably be considered to be attributable to benefits provided in respect of a period of reduced services of an individual is, to the extent permitted by the Minister, reportable by the administrator.
(5) Subsections (1) to (3) do not apply to require the reporting of amounts with respect to an individual for the calendar year in which the individual dies.
(6) Where the pension adjustment of an individual for a calendar year with respect to an employer is altered by reason of the application of paragraph 8308(4)(d) or (5)(c) and the amount (in this subsection referred to as the “redetermined amount”) that a person would have been required to report based on the pension adjustment as altered exceeds
(a) if the person has not previously reported an amount in respect of the individual’s pension adjustment, nil, and
(b) otherwise, the amount reported by the person in respect of the individual’s pension adjustment,
the person shall, within 60 days after the day on which paragraph 8308(4)(d) or (5)(c), as the case may be, applies to alter the pension adjustment, file with the Minister an information return in prescribed form reporting the redetermined amount.
- NOTE: Application provisions are not included in the consolidated text;
- see relevant amending regulations. SOR/92-51, s. 7.
- Date modified: