Section 204.94 — Income Tax Act: Definitions

The definitions in subsection 146.1(1) apply for the purposes of this Part, except that the definition subscriber in that subsection shall be read without reference to paragraph (c). Every person (other than a public primary caregiver that is exempt from tax under Part I) shall pay a tax under this Part for each taxation year equal to the amount determined by the formula (A + B - C) × D where A is the total of all amounts each of which is an accumulated income payment made at any time that is either under a registered education savings plan under which the person is a subscriber at that time, or under a registered education savings plan under which there is no subscriber at that time, where the person has been a spouse or common-law partner of an individual who was a subscriber under the plan, and included in computing the person’s income under Part I for the year; B is the total of all amounts each of which is an accumulated income payment that is not included in the value of A in respect of the person for the year, and included in computing the person’s income under Part I for the year; C is the lesser of the lesser of the value of A in respect of the person for the year and the total of all amounts each of which is an amount deducted under subsection 146(5) or 146(5.1) in computing the person’s income under Part I for the year, and the amount, if any, by which $50,000 exceeds the total of all amounts each of which is an amount determined under paragraph (a) in respect of the person for a preceding taxation year; and D is where a tax, similar to the tax provided under this Part, is payable by the person for the year under a law of the province of Quebec, 12%, and in any other case, 20%. Every person who is liable to pay tax under this Part for a taxation year shall, on or before the person’s filing-due date for the year, file with the Minister a return for the year under this Part in prescribed form and containing prescribed information, without notice or demand therefor; estimate in the return the amount of tax payable under this Part by the person for the year; and pay to the Receiver General the amount of tax payable under this Part by the person for the year. Subsections 150(2) and 150(3), sections 152, 155 to 156.1 and 158 to 167 and Division J of Part I apply with any modifications that the circumstances require.