Budget and Economic Statement Implementation Act, 2007 (S.C. 2007, c. 35)
Full Document:
Assented to 2007-12-14
32. Section 115 of the Act is amended by adding the following after subsection (2.2):
Marginal note:Non-resident persons — 2010 Olympic and Paralympic Winter Games
(2.3) Notwithstanding subsection (1), no amount is to be included in computing the taxable income earned in Canada for any taxation year of a non-resident person, in respect of any amount paid or payable to that person in respect of activities performed in Canada by that person in connection with the 2010 Olympic Winter Games or the 2010 Paralympic Winter Games, after 2009 and before April 2010, if that person is
(a) an athlete who represents a country other than Canada;
(b) a member of an officially registered support staff associated with a team from a country other than Canada;
(c) a person who serves as a games official;
(d) the International Olympic Committee;
(e) the International Paralympic Committee;
(f) an international sports federation that is a member of the General Association of International Sports Federations;
(g) an accredited foreign media organization; or
(h) an individual, other than a trust, who is an employee, an officer or a member of a person described in any one or more of paragraphs (a) to (g), or who provides services under contract with one or more persons described in those paragraphs.
33. (1) Paragraph 116(6)(b) of the Act is amended by replacing “prescribed stock exchange” with “recognized stock exchange”.
(2) Subsection (1) applies on and after the day on which this Act is assented to.
34. (1) Section 117 of the Act is amended by adding the following after subsection 117(2):
Marginal note:Tax payable — WITB advance payment
(2.1) The tax payable under this Part on the individual’s taxable income for a taxation year, as computed under subsection (2), is deemed to be the total of the amount otherwise computed under that subsection and, except for the purposes of sections 118 to 118.9, 120.2, 121, 122.3 and subdivision c, the total of all amounts received by the individual in respect of the taxation year under subsection 122.7(7).
(2) Subsection (1) applies to the 2008 and subsequent taxation years.
35. (1) The portion of subsection 117.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Annual adjustment
117.1 (1) The amount of $1,000 referred to in the formula in paragraph 8(1)(s), each of the amounts expressed in dollars in subparagraph 6(1)(b)(v.1), subsection 117(2), the description of B in subsection 118(1), subsection 118(2), paragraph (a) of the description of B in subsection 118(10), subsection 118.01(2), the descriptions of C and F in subsection 118.2(1), subsections 118.3(1), 122.5(3) and 122.51(1) and (2), the amounts of $500 and $1,000 referred to in the description of A, and the amounts of $9,500 and $14,500 referred to in the description of B, in the formula in subsection 122.7(2), the amount of $250 referred to in the description of C, and the amounts of $12,833 and $21,167 referred to in the description of D, in the formula in subsection 122.7(3), and each of the amounts expressed in dollars in Part I.2 in relation to tax payable under this Part or Part I.2 for a taxation year shall be adjusted so that the amount to be used under those provisions for the year is the total of
(2) Subsection (1) applies to the 2008 and subsequent taxation years.
36. (1) Subparagraph (b.1)(ii) of the description of B in subsection 118(1) of the Act is replaced by the following:
(ii) except where subparagraph (i) applies, the individual may deduct an amount under paragraph (b) in respect of the individual’s child who is under the age of 18 years at the end of the taxation year, or could deduct such an amount in respect of that child if paragraph 118(4)(a) did not apply to the individual for the taxation year and if the child had no income for the year, $2,000 for each such child.
(2) Section 118 of the Act is amended by adding the following after subsection (5):
Marginal note:Where subsection (5) does not apply
(5.1) Where, if this Act were read without reference to this subsection, solely because of the application of subsection (5), no individual is entitled to a deduction under paragraph (b) or (b.1) of the description of B in subsection (1) for a taxation year in respect of a child, subsection (5) shall not apply in respect of that child for that taxation year.
(3) Subsections (1) and (2) apply to the 2007 and subsequent taxation years.
37. (1) Paragraph (b) of the definition “eligible public transit pass” in subsection 118.02(1) of the Act is replaced by the following:
(b) identifying the right of an individual who is the holder or owner of the document to use public commuter transit services of that qualified Canadian transit organization
(i) on an unlimited number of occasions and on any day on which the public commuter transit services are offered during an uninterrupted period of at least 28 days, or
(ii) on an unlimited number of occasions during an uninterrupted period of at least five consecutive days, if the combination of that document and one or more other such documents gives the right to the individual to use those public commuter transit services on at least 20 days in a 28-day period.
(2) Subsection 118.02(1) of the Act is amended by adding the following in alphabetical order:
“eligible electronic payment card”
« carte de paiement électronique admissible »
“eligible electronic payment card” means an electronic payment card that is
(a) used by an individual for at least 32 one-way trips, between the place of origin of the trip and its termination, during an uninterrupted period not exceeding 31 days, and
(b) issued by or on behalf of a qualified Canadian transit organization, which organization records and receipts the cost and usage of the electronic payment card and identifies the right, of the individual who is the holder or owner of such a card, to use public commuter transit services of that qualified Canadian transit organization.
(3) The description of C in subsection 118.02(2) of the Act is replaced by the following:
- C
- is the total of all amounts each of which is the portion of the cost of an eligible public transit pass or of an eligible electronic payment card, attributable to the use of public commuter transit services in the taxation year by the individual or by a person who is in the taxation year a qualifying relation of the individual, and
(4) Subsection 118.02(3) of the Act is replaced by the following:
Marginal note:Apportionment of credit
(3) If more than one individual is entitled to a deduction under this section for a taxation year in respect of an eligible public transit pass or of an eligible electronic payment card, the total of all amounts so deductible shall not exceed the maximum amount that would be so deductible for the year by any one of those individuals for that eligible public transit pass or eligible electronic payment card if that individual were the only individual entitled to deduct an amount for the year under this section, and if the individuals cannot agree as to what portion of the amount each can so deduct, the Minister may fix the portions.
(5) Subsections (1) to (4) apply to the 2007 and subsequent taxation years.
38. (1) The definitions “qualifying child” and “qualifying entity” in subsection 118.03(1) of the Act are replaced by the following:
“qualifying child”
« enfant admissible »
“qualifying child” of an individual for a taxation year means a child of the individual who is, at the beginning of the taxation year,
(a) under 16 years of age; or
(b) in the case where an amount is deductible under section 118.3 in computing any person’s tax payable under this Part for the taxation year in respect of that child, under 18 years of age.
“qualifying entity”
« entité admissible »
“qualifying entity” means a person or partnership that offers one or more prescribed programs of physical activity.
(2) The portion of the definition “eligible fitness expense” in subsection 118.03(1) of the Act before paragraph (a) is replaced by the following:
“eligible fitness expense”
« dépense admissible pour activités physiques »
“eligible fitness expense” in respect of a qualifying child of an individual for a taxation year means the amount of a fee paid to a qualifying entity (other than an amount paid to a person that is, at the time the amount is paid, the individual’s spouse or common-law partner or another individual who is under 18 years of age) to the extent that the fee is attributable to the cost of registration or membership of the qualifying child in a prescribed program of physical activity and, for the purposes of this section, that cost
(3) Section 118.03 of the Act is amended by adding the following after subsection (2):
Marginal note:Child fitness tax credit — child with disability
(2.1) For the purpose of computing the tax payable under this Part by an individual for a taxation year there may be deducted in respect of a qualifying child of the individual an amount equal to $500 multiplied by the appropriate percentage for the taxation year if
(a) the amount referred to in the description of B in subsection (2) is $100 or more; and
(b) an amount is deductible in respect of the qualifying child under section 118.3 in computing any person’s tax payable under this Part for the taxation year.
(4) Subsections (1) to (3) apply to the 2007 and subsequent taxation years.
- Date modified: