Income Tax Act
Sections and provisions with full text and the judgments that cite each one.
Section 118.031
[Repealed, 2016, c. 7, s. 15]
Section 118.04 — Definitions
The following definitions apply in this section. eligible dwelling of an individual, at any time, means a housing unit (including the land subjacent to the housing unit and the immediately contiguous…
Section 118.041 — Definitions
The following definitions apply in this section. eligible dwelling of an individual, at any time in a taxation year, means a housing unit (including the land subjacent to the housing unit and the…
Section 118.05 — Definitions
The following definitions apply in this section. qualifying home in respect of an individual, means a qualifying home as defined in subsection 146.01(1) that is acquired, whether jointly or…
Section 118.06 — Definition of eligible volunteer firefighting services
In this section and section 118.07, eligible volunteer firefighting services means services provided by an individual in the individual’s capacity as a volunteer firefighter to a fire department that…
Section 118.07 — Definitions
The following definitions apply in this section and section 118.06. eligible search and rescue organization means a search and rescue organization that is a member of the Search and Rescue Volunteer…
Section 118.1 — Definitions
In this section, first-time donor [Repealed, 2013, c. 33, s. 10] total charitable gifts , of an individual for a particular taxation year, means the total of all amounts each of which is the eligible…
Section 118.2 — Medical expense credit
For the purpose of computing the tax payable under this Part by an individual for a taxation year, there may be deducted the amount determined by the formula A x [(B - C) + D] where A is the…
Section 118.3 — Credit for mental or physical impairment
Where an individual has one or more severe and prolonged impairments in physical or mental functions, the effects of the impairment or impairments are such that the individual’s ability to perform…
Section 118.4 — Nature of impairment
For the purposes of subsection 6(16), sections 118.2 and 118.3 and this subsection, an impairment is prolonged where it has lasted, or can reasonably be expected to last, for a continuous period of…
Section 118.5 — Tuition credit
Subject to subsection (1.2), for the purpose of computing the tax payable under this Part by an individual for a taxation year, there may be deducted, subject to subsection (1.1), where the…
Section 118.6 — Definitions
For the purposes of sections 63 and 64 and this Subdivision, designated educational institution means an educational institution in Canada that is a university, college or other educational…
Section 118.61 — Unused tuition, textbook and education tax credits
In this section, an individual’s unused tuition, textbook and education tax credits at the end of a taxation year is the amount determined by the formula A + (B - C) - (D + E) where A is the amount…
Section 118.62 — Credit for interest on student loan
For the purpose of computing an individual’s tax payable under this Part for a taxation year, there may be deducted the amount determined by the formula A × B where A is the appropriate percentage…
Section 118.7 — Credit for EI and QPIP premiums and CPP contributions
For the purpose of computing the tax payable under this Part by an individual for a taxation year, there may be deducted the amount determined by the formula A × B where A is the appropriate…
Section 118.8 — Transfer of unused credits to spouse or common-law partner
For the purpose of computing the tax payable under this Part for a taxation year by an individual who, at any time in the year, is a married person or a person who is in a common-law partnership…
Section 118.81 — Tuition tax credit transferred
In this Subdivision, the tuition tax credit transferred for a taxation year by a person to an individual is the lesser of the amount determined by the formula A - B where A is the lesser of the total…
Section 118.9 — Transfer to parent or grandparent
If for a taxation year a parent or grandparent of an individual (other than an individual in respect of whom the individual’s spouse or common-law partner deducts an amount under section 118 or 118.8…
Section 118.91 — Part-year residents
Notwithstanding sections 118 to 118.9, where an individual is resident in Canada throughout part of a taxation year and throughout another part of the year is non-resident, for the purpose of…
Section 118.92 — Ordering of credits
In computing an individual’s tax payable under this Part, the following provisions shall be applied in the following order: subsections 118(1) and (2), section 118.7, subsections 118(3) and (10) and…
Section 118.93 — Credits in separate returns
If a separate return of income with respect to a taxpayer is filed under subsection 70(2), 104(23) or 150(4) for a particular period and another return of income under this Part with respect to the…
Section 118.94 — Tax payable by non-residents (credits restricted)
Sections 118 to 118.07 and 118.2, subsections 118.3(2) and (3) and sections 118.8 and 118.9 do not apply for the purpose of computing the tax payable under this Part for a taxation year by an…
Section 118.95 — Credits in year of bankruptcy
Notwithstanding sections 118 to 118.9, for the purpose of computing an individual’s tax payable under this Part for a taxation year that ends in a calendar year in which the individual becomes…
Section 119 — Former resident — credit for tax paid
If at any particular time an individual was deemed by subsection 128.1(4) to have disposed of a capital property that was a taxable Canadian property of the individual throughout the period that…
Section 119.1
[Repealed, 2016, c. 7, s. 25]
Section 120 — Income not earned in a province
There shall be added to the tax otherwise payable under this Part by an individual for a taxation year the amount that bears the same relation to 48% of the tax otherwise payable under this Part by…
Section 120.1
[Repealed, 2000, c. 19, s. 28]
Section 120.2 — Minimum tax carry-over
There may be deducted from the amount that, but for this section, section 120 and subsection 120.4(2), would be an individual’s tax payable under this Part for a particular taxation year such amount…
Section 120.3 — CPP/QPP disability benefits for previous years
There shall be added in computing an individual’s tax payable under this Part for a particular taxation year the total of all amounts each of which is the amount, if any, by which the amount that…
Section 120.31 — Definitions
The definitions in subsection 110.2(1) apply in this section. There shall be added in computing an individual’s tax payable under this Part for a particular taxation year the total of all amounts…
Section 120.4 — Definitions
The definitions in this subsection apply in this section. arm’s length capital , of a specified individual, means property of the individual if the property, or property for which it is a substitute,…
Section 121 — Deduction for taxable dividends
There may be deducted from the tax otherwise payable under this Part by an individual for a taxation year the total of the product of the amount, if any, that is required by subparagraph 82(1)(b)(i)…
Section 122 — Tax payable by trust
Notwithstanding section 117, the tax payable under this Part for a taxation year by a trust (other than a graduated rate estate or qualified disability trust) is the total of the highest individual…
Section 122.1 — Definitions
The following definitions apply in this section and in sections 104 and 122. eligible resale property , of an entity, means real or immovable property (other than capital property) of the entity that…
Section 122.2
[Repealed, 1994, c. 7, Sch. VII, s. 10]
Section 122.3 — Overseas employment tax credit
If an individual is resident in Canada in a taxation year and, throughout any period of more than six consecutive months that began before the end of the year and included any part of the year (in…
Section 122.5 — Definitions
The following definitions apply in this section. adjusted income , of an individual for a taxation year in relation to a month specified for the taxation year, means the total of the individual’s…
Section 122.51 — Definitions
The definitions in this subsection apply in this section. adjusted income of an individual for a taxation year has the meaning assigned by section 122.6. ( revenu modifié ) eligible individual for a…
Section 122.6 — Definitions
In this Subdivision, adjusted earned income [Repealed, 1998, c. 21, s. 92] adjusted income , of an individual for a taxation year, means the total of all amounts each of which would be the income for…
Section 122.61 — Deemed overpayment
If a person and, if the Minister so demands, the person’s cohabiting spouse or common-law partner at the end of a taxation year have filed a return of income for the year, an overpayment on account…
Section 122.62 — Eligible individuals
For the purposes of this Subdivision, a person may be considered to be an eligible individual in respect of a particular qualified dependant at the beginning of a month only if the person has, no…
Section 122.63 — Agreement
The Minister of Finance may enter into an agreement with the government of a province whereby the amounts determined under the description of E in subsection 122.61(1) with respect to persons…
Section 122.64
[Repealed, 2013, c. 40, s. 53]
Section 122.7 — Definitions
The following definitions apply in this Subdivision. 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…
Section 122.71 — Modification for purposes of provincial program
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…
Section 122.72 — Advance payment
Subject to subsection (5), an individual in relation to a month specified for a taxation year who is an eligible individual for the preceding taxation year who files a return of income for the…
Section 122.8 — Definitions
The following definitions apply in this section. cohabiting spouse or common-law partner , of an individual at any time, has the same meaning as in section 122.6. ( époux ou conjoint de fait visé )…
Section 122.9 — Definitions
The following definitions apply in this section. eligible educator , in respect of a taxation year, means an individual who, at any time during the taxation year, is employed in Canada as a teacher…
Section 122.91 — Claimed amount
An individual who is resident in Canada throughout a taxation year, files a return of income for the taxation year and makes a claim under this subsection is deemed to have paid, at the end of the…
Section 122.92 — Definitions
The following definitions apply in this section. eligible dwelling , of a qualifying individual, for a renovation period taxation year, means a housing unit (including the land subjacent to the…