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Bill C-428

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First Session, Forty-second Parliament,

64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019

HOUSE OF COMMONS OF CANADA

BILL C-428
An Act to amend the Income Tax Act (child fitness tax credit)
FIRST READING, February 6, 2019

Ms. Leitch
421535


SUMMARY

This enactment amends the Income Tax Act in order to establish the child fitness tax credit.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019

HOUSE OF COMMONS OF CANADA

BILL C-428

An Act to amend the Income Tax Act (child fitness tax credit)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. 1 (5th Supp.‍)

Income Tax Act

1 (1) The Income Tax Act is amended by adding the following after section 118.‍01:

Definitions

Start of inserted block

118.‍02 (1) The following definitions apply in this section.

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

  • (a) includes the cost to the qualifying entity of the program in respect of its administration, instruction, rental of required facilities, and uniforms and equipment that cannot be acquired by a participant in the program for an amount less than their fair market value at the time, if any, they are so acquired; and

  • (b) does not include

    • (i) the cost of accommodation, travel, food or beverages, or

    • (ii) any amount deductible under section 63 in computing any person’s income for any taxation year. (dépense admissible pour activités physiques)

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 18 years of age; or

  • (b) under 21 years of age, if the child is a person in respect of whom an amount is deductible under section 118.‍3 in computing any person’s tax payable under this Part for the taxation year. (enfant admissible)

qualifying entity means a person or partnership that offers one or more prescribed programs of physical activity. (entité admissible)

End of inserted block

Child fitness tax credit

Start of inserted block

(2) 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 percentage for the taxation year; and

B
is the total of all amounts each of which is, in respect of a qualifying child of the individual for the taxation year, the lesser of $500 and the amount determined by the formula

C – D
where

C
is the total of all amounts each of which is an amount paid in the taxation year by the individ­ual, or by the individual’s spouse or common law partner, that is an eligible fitness expense in respect of the qualifying child of the individual, and

D
is the total of all amounts that any person is or was entitled to receive, each of which relates to an amount included in computing the value of C in respect of the qualifying child that is the amount of a reimbursement, allowance or any other form of assistance (other than an amount that is included in computing the income for any taxation year of that person and that is not deductible in computing the taxable income of that person).

End of inserted block

Child fitness tax credit — child with disability

Start of inserted block

(3) 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 $1000 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.

    End of inserted block

Apportionment of credit

Start of inserted block

(4) If more than one individual is entitled to a deduction under this section for a taxation year in respect of a qualifying child, 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 in respect of that qualifying child if that individual were the only individual entitled to deduct an amount for the year under this section in respect of that qualifying child, and if the individuals cannot agree as to what portion of the amount each can so deduct, the Minister may fix the portions.

End of inserted block

(2) Subsection (1) applies to the 2019 and subsequent taxation years.

2 (1) Section 118.‍92 of the Act is replaced by the following:

Ordering of credits

118.‍92 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 sections 118.‍01, Insertion start 118.‍02 Insertion end , 118.‍04, 118.‍041, 118.‍05, 118.‍06, 118.‍07, 118.‍3, 118.‍61, 118.‍5, 118.‍9, 118.‍8, 118.‍2, 118.‍1, 118.‍62 and 121.

(2) Subsection (1) applies to the 2019 and subsequent taxation years.

Published under authority of the Speaker of the House of Commons

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