Budget and Economic Statement Implementation Act, 2007 (S.C. 2007, c. 35)
Full Document:
Assented to 2007-12-14
39. (1) Section 118.1 of the Act is amended by adding the following after subsection (14):
Marginal note:Exchange of beneficial interest in trust
(14.1) Where a donee disposes of a beneficial interest in a trust that is a non-qualifying security of an individual in circumstances where paragraph (13)(c) would, but for this subsection, apply in respect of the disposition, and in respect of which the donee receives no consideration other than other non-qualifying securities of the individual, for the purpose of subsection (13) the gift referred to in that subsection is to be read as a reference to a gift of those other non-qualifying securities.
(2) Subparagraph 118.1(16)(c)(ii) of the Act is replaced by the following:
(ii) the individual or any person or partnership with which the individual does not deal at arm’s length uses property of the donee under an agreement that was made or modified after the time that is 60 months before the particular time, and the property was not used in the carrying on of the donee’s charitable activities,
(3) Paragraphs 118.1(18)(b) and (c) of the Act are replaced by the following:
(b) a share (other than a share listed on a designated stock exchange) of the capital stock of a corporation with which the individual or the estate or, where the individual is a trust, a person affiliated with the trust, does not deal at arm’s length immediately after that time;
(b.1) a beneficial interest of the individual or the estate in a trust that
(i) immediately after that time is affiliated with the individual or the estate, or
(ii) holds, immediately after that time, a non-qualifying security of the individual or estate, or held, at or before that time, a share described in paragraph (b) that is, after that time, held by the donee; or
(c) any other security (other than a security listed on a designated stock exchange) issued by the individual or the estate or by any person or partnership with which the individ-ual or the estate does not deal at arm’s length (or, in the case where the person is a trust, with which the individual or estate is affiliated) immediately after that time.
(4) Subsections (1) to (3) apply in respect of gifts made on or after March 19, 2007, except that in applying subsection 118.1(18) of the Act, as amended by subsection (3), before the day on which this Act is assented to, the references to “designated stock exchange” in that subsection 118.1(18) shall be read as references to “prescribed stock exchange”.
40. (1) Clause (a)(ii)(A) of the definition “tax otherwise payable under this Part” in subsection 120(4) of the Act is replaced by the following:
(A) subsection 117(2.1), section 119, subsection 120.4(2) and sections 126, 127, 127.4 and 127.41, and
(2) Subsection (1) applies to the 2008 and subsequent taxation years.
41. (1) Paragraph (d) of the definition “real estate investment trust” in subsection 122.1(1) of the Act is replaced by the following:
(d) at no time in the taxation year is the total fair market value of all properties held by the trust, each of which is a real or immovable property situated in Canada, cash, or a property described in paragraph (a) of the definition “fully exempt interest” in subsection 212(3), less than 75% of the equity value of the trust at that time.
(2) Subsection (1) applies after 2007.
42. (1) The Act is amended by adding the following after section 122.64:
Subdivision a.2Working Income Tax Benefit
Marginal note:Definitions
122.7 (1) The following definitions apply in this section.
“adjusted net income”
« revenu net rajusté »
“adjusted net income” of an individual for a taxation year means the amount that would be the individual’s income for the taxation year if
(a) this Act were read without reference to paragraph 81(1)(a) and subsection 81(4);
(b) in computing that income, no amount were included under paragraph 56(1)(q.1) or subsection 56(6), or in respect of any gain from a disposition of property to which section 79 applies; and
(c) in computing that income, no amount were deductible under paragraph 60(y) or (z).
“cohabiting spouse or common-law partner”
« conjoint visé »
“cohabiting spouse or common-law partner” of an individual at any time has the meaning assigned by section 122.6.
“designated educational institution”
« établissement d’enseignement agréé »
“designated educational institution” has the meaning assigned by subsection 118.6(1).
“eligible dependant”
« personne à charge admissible »
“eligible dependant” of an individual for a taxation year means a child of the individual who, at the end of the year,
(a) resided with the individual;
(b) was under the age of 19 years; and
(c) was not an eligible individual.
“eligible individual”
« particulier admissible »
“eligible individual” for a taxation year means an individual (other than an ineligible individ-ual) who was resident in Canada throughout the taxation year and who was, at the end of the taxation year,
(a) 19 years of age or older;
(b) the cohabiting spouse or common-law partner of another individual; or
(c) the parent of a child with whom the individual resides.
“eligible spouse”
« conjoint admissible »
“eligible spouse” of an eligible individual for a taxation year means an individual (other than an ineligible individual) who was resident in Canada throughout the taxation year and who was, at the end of the taxation year, the cohabiting spouse or common-law partner of the eligible individual.
“ineligible individual”
« particulier non admissible »
“ineligible individual” for a taxation year means an individual
(a) who is described in paragraph 149(1)(a) or (b) at any time in the taxation year;
(b) who, except where the individual has an eligible dependant for the taxation year, was enrolled as a full-time student at a designated educational institution for a total of more than 13 weeks in the taxation year; or
(c) who was confined to a prison or similar institution for a period of at least 90 days during the taxation year.
“return of income”
« déclaration de revenu »
“return of income” filed by an individual for a taxation year means a return of income (other than a return of income filed under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) that is required to be filed for the taxation year or that would be required to be filed if the individual had tax payable under this Part for the taxation year.
“working income”
« revenu de travail »
“working income” of an individual for a taxation year means the total of
(a) the total of all amounts each of which would, if this Act were read without reference to section 8, paragraph 81(1)(a) and subsection 81(4), be the individual’s income for the taxation year from an office or employment;
(b) all amounts that are included, or that would, but for paragraph 81(1)(a), be included, because of paragraph 56(1)(n) or (o) in computing the individual’s income for the taxation years; and
(c) the total of all amounts each of which would, if this Act were read without reference to paragraph 81(1)(a), be the individual’s income for the taxation year from a business carried on by the individual otherwise than as a specified member of a partnership.
Marginal note:Deemed payment on account of tax
(2) Subject to subsections (4) and (5), an eligible individual for a taxation year who files a return of income for the taxation year and who makes a claim under this subsection, is deemed to have paid, at the end of the taxation year, on account of tax payable under this Part for the taxation year, an amount equal to the amount, if any, determined by the formula
A - B
where
- A
- is
(a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, the lesser of $500 and 20% of the amount, if any, by which the individual’s working income for the taxation year exceeds $3,000, or
(b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, the lesser of $1,000 and 20% of the amount, if any, by which the total of the working incomes of the individual and, if applicable, of the eligible spouse of the individual, for the taxation year, exceeds $3,000; and
- B
- is
(a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the individual’s adjusted net income for the taxation year exceeds $9,500, or
(b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if appli-cable, of the eligible spouse of the individual, for the taxation year, exceeds $14,500.
Marginal note:Deemed payment on account of tax — disability supplement
(3) An eligible individual for a taxation year who files a return of income for the taxation year and who may deduct an amount under subsection 118.3(1) in computing tax payable under this Part for the taxation year is deemed to have paid, at the end of the taxation year, on account of tax payable under this Part for the taxation year, an amount equal to the amount, if any, determined by the formula
C - D
where
- C
- is the lesser of $250 and 20% of the amount, if any, by which the individual’s working income for the taxation year exceeds $1,750, and
- D
- is
(a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the individual’s adjusted net income for the taxation year exceeds $12,833,
(b) if the individual had an eligible spouse for the taxation year who was not entitled to deduct an amount under subsection 118.3(1) for the taxation year, or had an eligible dependant for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if appli-cable, of the eligible spouse, for the taxation year, exceeds $21,167, or
(c) if the individual had an eligible spouse for the taxation year who was entitled to deduct an amount under subsection 118.3(1) for the taxation year, 7.5% of the amount, if any, by which the total of the adjusted net incomes of the individual and of the eligible spouse, for the taxation year, exceeds $21,167.
Marginal note:Eligible spouse deemed not to be an eligible individual
(4) An eligible spouse of an eligible individ-ual for a taxation year is deemed, for the purpose of subsection (2), not to be an eligible individual for the taxation year if the eligible spouse made a joint application described in subsection (6) with the eligible individual and the eligible individual received an amount under subsection (7) in respect of the taxation year.
Marginal note:Amount deemed to be nil
(5) If an eligible individual had an eligible spouse for a taxation year and both the eligible individual and the eligible spouse make a claim for the taxation year under subsection (2), the amount deemed to have been paid under that subsection by each of them on account of tax payable under this Part for the taxation year, is nil.
Marginal note:Application for advance payment
(6) Subsection (7) applies to an individual for a taxation year if,
(a) at any time after January 1 and before September 1 of the taxation year, the individual makes an application (or in the case of an individual who has, at that time, a cohabiting spouse or common-law partner, the two of them make a joint application designating the individual for the purpose of subsection (7)), to the Minister in prescribed form, containing prescribed information; and
(b) where the individual and a cohabiting spouse or common-law partner have made a joint application referred to in paragraph (a)
(i) the individual’s working income for the taxation year can reasonably be expected to be greater than the working income of the individual’s cohabiting spouse or common-law partner for the taxation year, or
(ii) the individual can reasonably be expected to be deemed by subsection (3) to have paid an amount on account of tax payable under this Part for the taxation year.
Marginal note:Advance payment
(7) Subject to subsection (8), the Minister may pay to an individual before the end of January of the year following a taxation year, one or more amounts that, in total, do not exceed one-half of the total of the amounts that the Minister estimates will be deemed to be paid by the individual under subsection (2) or (3) at the end of the taxation year, and any amount paid by the Minister under this subsection is deemed to have been received by the individual in respect of the taxation year.
Marginal note:Limitation — advance payment
(8) No payment shall be made under subsection (7) to an individual in respect of a taxation year
(a) if the total amount that the Minister may pay under that subsection is less than $100; or
(b) before the day on which the individual has filed a return of income for a preceding taxation year in respect of which the individual received a payment under that subsection.
Marginal note:Notification to Minister
(9) If, in a taxation year, an individual makes an application described in subsection (6), the individual shall notify the Minister of the occurrence of any of the following events before the end of the month following the month in which the event occurs
(a) the individual ceases to be resident in Canada in the taxation year;
(b) the individual ceases, before the end of the taxation year, to be a cohabiting spouse or common-law partner of another person with whom the individual made the application;
(c) the individual enrols as a full-time student at a designated educational institution in the taxation year; or
(d) the individual is confined to a prison or similar institution in the taxation year.
Marginal note:Special rule re eligible dependant
(10) For the purpose of applying subsections (2) and (3), an individual (referred to in this subsection as the “child”) is deemed not to be an eligible dependant of an eligible individual for a taxation year if the child is an eligible dependant of another eligible individual for the taxation year and both eligible individuals identified the child as an eligible dependant for the purpose of claiming or computing an amount under this section for the taxation year.
Marginal note:Effect of bankruptcy
(11) For the purpose of this subdivision, if an individual becomes bankrupt in a particular calendar year
(a) notwithstanding subsection 128(2), any reference to the taxation year of the individ-ual (other than in this subsection) is deemed to be a reference to the particular calendar year; and
(b) the individual’s working income and adjusted net income for the taxation year ending on December 31 of the particular calendar year is deemed to include the individual’s working income and adjusted net income for the taxation year that begins on January 1 of the particular calendar year.
Marginal note:Special rules in the event of death
(12) For the purpose of this subdivision, if an individual dies after June 30 of a calendar year
(a) the individual is deemed to be resident in Canada from the time of death until the end of the year and to reside at the same place in Canada as the place where the individual resided immediately before death;
(b) the individual is deemed to be the same age at the end of the year as the individual would have been if the individual were alive at the end of the year;
(c) the individual is deemed to be the cohabiting spouse or common-law partner of another individual (referred to in this paragraph as the “surviving spouse”) at the end of the year if,
(i) immediately before death, the individ-ual was the cohabiting spouse or common-law partner of the surviving spouse, and
(ii) the surviving spouse is not the cohab-iting spouse or common-law partner of another individual at the end of the year; and
(d) any return of income filed by a legal representative of the individual is deemed to be a return of income filed by the individual.
Marginal note:Modification for purposes of provincial program
122.71 The Minister of Finance may enter into an agreement with the government of a province whereby the amounts determined under subsections 122.7(2) and (3) with respect to an eligible individual resident in the province at the end of the taxation year shall, for the purpose of calculating amounts deemed to be paid on account of the tax payable of an individual under those subsections, be replaced by amounts determined in accordance with the agreement.
(2) Subsection (1) applies to the 2007 and subsequent taxation years except that
(a) for the 2007 taxation year, paragraphs (b) and (c) of the definition “adjusted net income” in subsection 122.7(1) of the Act, as enacted by subsection (1), shall be read as follows:
(b) in computing that income, no amount were included under subsection 56(6), as a beneficiary of a registered disability savings plan or in respect of any gain from a disposition of property to which section 79 applies; and
(c) in computing that income, no amount were deductible under paragraph 60(y).
(b) subsections 122.7(6) to (8) of the Act, as enacted by subsection (1), apply to the 2008 and subsequent taxation years.
- Date modified: