``return of
income'' « déclaration de revenu »
|
``return of income'', in respect of a person for
a taxation year, means
|
|
|
|
|
|
|
|
Persons not
eligible
individuals,
qualified
relations or
qualified
dependants
|
(2) Notwithstanding subsection (1), a
person is not an eligible individual, is not a
qualified relation and is not a qualified
dependant, in relation to a month specified for
a taxation year, if the person
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deemed
payment on
account of tax
|
(3) An eligible individual in relation to a
month specified for a taxation year who files
a return of income for the taxation year and
applies for an amount under this subsection is
deemed to have paid during the specified
month on account of their tax payable under
this Part for the taxation year an amount equal
to 1/4 of the amount, if any, determined by the
formula
|
|
|
A - B
|
|
|
where
|
|
|
A is the total of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
B is 5% of the amount, if any, by which the
individual's adjusted income for the
taxation year in relation to the specified
month exceeds $27,749.
|
|
When
advance
payment
applies
|
(3.1) Subsection (3.2) applies in respect of
an eligible individual in relation to a particular
month specified for a taxation year, and each
subsequent month specified for the taxation
year, if
|
|
|
|
|
|
|
|
Advance
payment
|
(3.2) If this subsection applies, the total of
the amounts that would otherwise be deemed
by subsection (3) to have been paid on account
of the eligible individual's tax payable under
this Part for the taxation year during the
particular month specified for the taxation
year, and during each subsequent month
specified for the taxation year, is deemed to
have been paid by the eligible individual on
account of their tax payable under this Part for
the taxation year during the particular
specified month for the taxation year, and the
amount deemed by subsection (3) to have
been paid by the eligible individual during
those subsequent months specified for the
taxation year is deemed, except for the
purpose of this subsection, not to have been
paid to the extent that it is included in an
amount deemed to have been paid by this
subsection.
|
|
|
(2) Subsections 122.5(5) to (6) of the Act
are replaced by the following:
|
|
Only one
eligible
individual
|
(5) If an individual is a qualified relation of
another individual, in relation to a month
specified for a taxation year, only one of them
is an eligible individual in relation to that
specified month, and if both of them claim to
be eligible individuals, the individual that the
Minister designates is the eligible individual
in relation to that specified month.
|
|
Exception re
qualified
dependant
|
(6) If a person would, if this Act were read
without reference to this subsection, be the
qualified dependant of two or more
individuals, in relation to a month specified
for a taxation year,
|
|
|
|
|
|
|
|
|
|
|
Notification to
Minister
|
(6.1) An 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:
|
|
|
|
|
|
|
|
|
|
|
Non-residents
and part-year
residents
|
(6.2) For the purpose of this section, the
income of a person who is non-resident at any
time in a taxation year is deemed to be equal
to the amount that would, if the person were
resident in Canada throughout the year, be the
person's income for the year.
|
|
|
(3) Subsections (1) and (2) apply to
amounts that are deemed to be paid during
months specified for the 2001 and
subsequent taxation years.
|
|
|
39. (1) Subclause 126(1)(b)(ii)(A)(III) of
the Act is replaced by the following:
|
|
|
|
|
|
(2) Subclause 126(2.1)(a)(ii)(A)(III) of the
Act is replaced by the following:
|
|
|
|
|
|
(3) Subparagraph 126(3)(b)(iii) of the Act
is replaced by the following:
|
|
|
|
|
|
(4) Subsections (1) to (3) apply to the 1997
and subsequent taxation years except that,
for the 1997 taxation year
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(5) Notwithstanding subsections 152(4) to
(5) of the Act, any assessment of a
taxpayer's tax, interest or penalty for any
taxation year shall be made that is
necessary to give effect to any of subsections
(1) to (4).
|
|
|
40. (1) Paragraph 127.52(1)(h) of the Act
is amended by striking out the word ``and''
at the end of subparagraph (iv), by adding
the word ``and'' at the end of subparagraph
(v) and by adding the following after
subparagraph (v):
|
|
|
|
|
|
(2) Subsection (1) applies to the 1997 and
subsequent taxation years and,
notwithstanding subsections 152(4) to (5) of
the Act, any assessment of a taxpayer's tax,
interest or penalty for any taxation year
shall be made that is necessary to give effect
to subsection (1).
|
|
|
41. (1) Paragraph 157(1)(b) of the Act is
replaced by the following:
|
|
|
|
|
|
(2) Subsection (1) applies to taxation
years that end after 2001.
|
|
|
42. (1) The Act is amended by adding the
following after section 157:
|
|
Instalment
deferral for
January,
February and
March
2002 -
definitions
|
157.1 (1) The following definitions apply in
this section.
|
|
``eligible
corporation'' « société admissible »
|
``eligible corporation'', for a particular
taxation year, means a corporation
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``eligible
instalment
day'' « jour admissible »
|
``eligible instalment day'' of an eligible
corporation means a day in January,
February or March, 2002, on which an
instalment on account of the corporation's
tax payable under this Part for the taxation
year that includes that day would become
payable
|
|
|
|
|
|
|
|
Deferred
balance-due
day
|
(2) An eligible corporation's balance-due
day for a taxation year that ends after 2001 is
deemed to be the later of
|
|
|
|
|
|
|
|
Deferred
instalment day
|
(3) An amount that would, because of
paragraph 157(1)(a), otherwise become
payable in respect of a taxation year by an
eligible corporation on an eligible instalment
day of the corporation does not become
payable on that day but becomes payable
|
|
|
|
|
|
|
|
|
(2) Subsection (1) applies to taxation
years that end after 2001.
|
|
|
43. (1) Subsection 160.1(1.1) of the Act is
replaced by the following:
|
|
Liability for
refund by
reason of s.
122.5
|
(1.1) If a person is a qualified relation of an
individual (within the meaning assigned by
subsection 122.5(1)), in relation to one or
more months specified for a taxation year, the
person and the individual are jointly and
severally, or solidarily, liable to pay the lesser
of
|
|
|
|
|
|
|
|
Liability
under other
provisions
|
(2) Subsection (1.1) does not limit a
person's liability under any other provision of
this Act.
|
|
|
(2) Subsection (1) applies to amounts
deemed to be paid during months specified
for the 2001 and subsequent taxation years.
|
|
|
44. (1) Paragraph (d) of the definition
``balance-due day'' in subsection 248(1) of
the Act is replaced by the following:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|