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Income Tax Regulations

Version of section 8308.2 from 2004-08-31 to 2005-08-30:

  •  (1) Where

    • (a) throughout a period in a particular calendar year after 1992 an individual resident in Canada rendered services to an employer, other than services that were primarily services rendered in Canada or services rendered in connection with a business carried on by the employer in Canada, or a combination of those services,

    • (b) the individual became entitled in the particular year, either absolutely or contingently, to benefits under a pension plan that is a foreign plan (as defined in subsection 8308.1(1)) in respect of the services, and

    • (c) the individual continued to be entitled at the end of the particular year, either absolutely or contingently, to all or part of the benefits,

    subject to subsection (2), there is prescribed in respect of the individual for the year following the particular year, for the purposes of the descriptions of B in the definitions RRSP deduction limit and unused RRSP deduction room in subsection 146(1) of the Act and the description of B in paragraph 204.2(1.1)(b) of the Act, the lesser of

    • (d) the amount by which the money purchase limit for the particular year exceeds the PA offset for the particular year, and

    • (e) 10% of the portion of the individual’s resident compensation from the employer for the particular year that is attributable to services rendered by the individual to the employer in periods throughout which the individual rendered services described in paragraph (a).

Prescribed Amounts – 1997 to 2004
  • (2) For the purpose of determining the amount prescribed under subsection (1) in respect of an individual for a calendar year after 1996 and before 2005, paragraph (d) of that subsection shall be read as:

    • “(d) the money purchase limit for the particular year, and”

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • SOR/96-311, s. 8
  • SOR/99-9, s. 11

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