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Source: http://laws.justice.gc.ca/en/I-3.3/67507.html
Act current to August 31, 2004

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DIVISION C
COMPUTATION OF TAXABLE INCOME

Deductions permitted by individuals

109. (1) (Repealed by S.C. 1988, c. 55, s. 76(1).)

Married status

(a) (Repealed by S.C. 1988, c. 55, s. 76(1).)

Wholly dependent persons

(b) (Repealed by S.C. 1988, c. 55, s. 76(1).)

Single status

(c) (Repealed by S.C. 1988, c. 55, s. 76(1).)

Dependants

(d) (Repealed by S.C. 1988, c. 55, s. 76(1).)

Niece or nephew

(e) (Repealed by S.C. 1986, c. 6, s. 54(3).)

Other dependants

(f) (Repealed by S.C. 1986, c. 6, s. 54(3).)

Aunt or uncle

(g) (Repealed by S.C. 1986, c. 6, s. 54(3).)

Over 65 years

(h) (Repealed by S.C. 1988, c. 55, s. 76(1).)

Where taxpayer's spouse attains age 65

(i) (Repealed by S.C. 1976-77, c. 4, s. 42(2).)

Limitation

(2) (Repealed by S.C. 1988, c. 55, s. 76(1).)

Dependent child

(3) (Repealed by S.C. 1985, c. 45, s. 53(3).)

Alimony and maintenance cases

(4) (Repealed by S.C. 1988, c. 55, s. 76(1).)

Partial dependency

(5) (Repealed by S.C. 1988, c. 55, s. 76(1).)

"Dependant" defined

(6) (Repealed by S.C. 1988, c. 55, s. 76(1).)

S.C. 1970-71-72, c. 63, s. 1"109"; S.C. 1973-74, c. 14, s. 34; S.C. 1973-74, c. 30, s. 11; S.C. 1974-75-76, c. 26, s. 68; S.C. 1976-77, c. 4, s. 42; S.C. 1978-79, c. 5, s. 1; S.C. 1980-81-82-83, c. 140, s. 64; S.C. 1984, c. 1, s. 48; S.C. 1984, c. 45, s. 34; S.C. 1985, c. 45, s. 53; S.C. 1986, c. 6, s. 54; S.C. 1986, c. 55, s. 30; S.C. 1988, c. 55, s. 76.

Deductions permitted

110. (1) For the purpose of computing the taxable income of a taxpayer for a taxation year, there may be deducted such of the following amounts as are applicable

Charitable gifts

(a) (Repealed by S.C. 1988, c. 55, s. 77(1).)

Gifts to Her Majesty

(b) (Repealed by S.C. 1988, c. 55, s. 77(1).)

Gifts to institutions

(b.1) (Repealed by S.C. 1988, c. 55, S.77(1).)

Medical expenses

(c) (Repealed by S.C. 1988, c. 55, s. 77(1).)

Employee options

(d) an amount equal to 1/2 of the amount of the benefit deemed by subsection 7(1) to have been received by the taxpayer in the year in respect of a security that a particular qualifying person has agreed after February 15, 1984 to sell or issue under an agreement, or in respect of the transfer or other disposition of rights under the agreement, if

(i) the security

(A) is a prescribed share at the time of its sale or issue, as the case may be,

(B) would have been a prescribed share if it were issued or sold to the taxpayer at the time the taxpayer disposed of rights under the agreement,

(C) would have been a unit of a mutual fund trust at the time of its sale or issue if those units issued by the trust that were not identical to the security had not been issued, or

(D) would have been a unit of a mutual fund trust if

(I) it were issued or sold to the taxpayer at the time the taxpayer disposed of rights under the agreement, and

(II) those units issued by the trust that were not identical to the security had not been issued,

(ii) where rights under the agreement were not acquired by the taxpayer as a result of a disposition of rights to which subsection 7(1.4) applied,

(A) the amount payable by the taxpayer to acquire the security under the agreement is not less than the amount by which

(I) the fair market value of the security at the time the agreement was made

exceeds

(II) the amount, if any, paid by the taxpayer to acquire the right to acquire the security, and

(B) at the time immediately after the agreement was made, the taxpayer was dealing at arm's length with

(I) the particular qualifying person,

(II) each other qualifying person that, at the time, was an employer of the taxpayer and was not dealing at arm's length with the particular qualifying person, and

(III) the qualifying person of which the taxpayer had, under the agreement, a right to acquire a security, and

(iii) where rights under the agreement were acquired by the taxpayer as a result of one or more dispositions to which subsection 7(1.4) applied,

(A) the amount payable by the taxpayer to acquire the security under the agreement is not less than the amount that was included, in respect of the security, in the amount determined under subparagraph 7(1.4)(c)(ii) with respect to the most recent of those dispositions,

(B) at the time immediately after the agreement the rights under which were the subject of the first of those dispositions (in this subparagraph referred to as the "original agreement") was made, the taxpayer was dealing at arm's length with

(I) the qualifying person that made the original agreement,

(II) each other qualifying person that, at the time, was an employer of the taxpayer and was not dealing at arm's length with the qualifying person that made the original agreement, and

(III) the qualifying person of which the taxpayer had, under the original agreement, a right to acquire a security,

(C) the amount that was included, in respect of each particular security that the taxpayer had a right to acquire under the original agreement, in the amount determined under subparagraph 7(1.4)(c)(iv) with respect to the first of those dispositions was not less than the amount by which

(I) the fair market value of the particular security at the time the original agreement was made

exceeded

(II) the amount, if any, paid by the taxpayer to acquire the right to acquire the security, and

(D) for the purpose of determining if the condition in paragraph 7(1.4)(c) was satisfied with respect to each of the particular dispositions following the first of those dispositions,

(I) the amount that was included, in respect of each particular security that could be acquired under the agreement the rights under which were the subject of the particular disposition, in the amount determined under subparagraph 7(1.4)(c)(iv) with respect to the particular disposition

was not less than

(II) the amount that was included, in respect of the particular security, in the amount determined under subparagraph 7(1.4)(c)(ii) with respect to the last of those dispositions preceding the particular disposition;

Charitable donation of employee option securities

(d.01) (Repealed by S.C. 2002, c. 9, s. 33(1).)

Idem

(d.1) where the taxpayer

(i) is deemed, under paragraph 7(1)(a) by virtue of subsection 7(1.1), to have received a benefit in the year in respect of a share acquired by the taxpayer after May 22, 1985,

(ii) has not disposed of the share (otherwise than as a consequence of the taxpayer's death) or exchanged the share within two years after the date the taxpayer acquired it, and

(iii) has not deducted an amount under paragraph 110(1)(d) in respect of the benefit in computing the taxpayer's taxable income for the year,

an amount equal to 1/2 of the amount of the benefit;

Prospector's and grubstaker's shares

(d.2) where the taxpayer has, under paragraph 35(1)(d), included an amount in the taxpayer's income for the year in respect of a share received after May 22, 1985, an amount equal to 1/2 of that amount unless that amount is exempt from income tax in Canada by reason of a provision contained in a tax convention or agreement with another country that has the force of law in Canada;

Employer's shares

(d.3) where the taxpayer has, under subsection 147 (10.4), included an amount in computing the taxpayer's income for the year, an amount equal to 1/2 of that amount;

Mental or physical impairment

(e) (Repealed by S.C. 1988, c. 55, s. 77(6).)

Dependant having impairment

(e.1) (Repealed by S.C. 1988, c. 55, s. 77(6).)

Deduction transfer

(e.2) (Repealed by S.C. 1986, c. 6, s. 55(5).)

Deductions for payments

(f) any social assistance payment made on the basis of a means, needs or income test and included because of clause 56(1)(a)(i)(A) or paragraph 56(1)(u) in computing the taxpayer's income for the year or any amount that is

(i) an amount exempt from income tax in Canada because of a provision contained in a tax convention or agreement with another country that has the force of law in Canada,

(ii) compensation received under an employees' or workers' compensation law of Canada or a province in respect of an injury, disability or death, except any such compensation received by a person as the employer or former employer of the person in respect of whose injury, disability or death the compensation was paid,

(iii) income from employment with a prescribed international organization, or

(iv) the taxpayer's income from employment with a prescribed international non-governmental organization, where the taxpayer

(A) was not, at any time in the year, a Canadian citizen,

(B) was a non-resident person immediately before beginning that employment in Canada, and

(C) if the taxpayer is resident in Canada, became resident in Canada solely for the purpose of that employment,

to the extent that it is included in computing the taxpayer's income for the year;

Financial assistance

(g) any amount that

(i) is received by the taxpayer in the year under a program referred to in subparagraph 56(1)(r)(ii) or (iii), a program established under the authority of the Department of Human Resources Development Act or a prescribed program,

(ii) is financial assistance for the payment of tuition fees of the taxpayer that are not included in computing an amount deductible under subsection 118.5(1) in computing the taxpayer's tax payable under this Part for any taxation year,

(iii) is included in computing the taxpayer's income for the year, and

(iv) is not otherwise deductible in computing the taxpayer's taxable income for the year;

Taxpayer supporting student

(h) (Repealed by S.C. 1988, c. 55, s. 77(8).)

Unemployment insurance benefit repayment

(i) (Repealed by S.C. 1994, c. 7, Sch. II, s.

78(3).)

Home relocation loan

(j) where the taxpayer has, by virtue of section 80.4, included an amount in the taxpayer's income for the year in respect of a benefit received by the taxpayer in respect of a home relocation loan, the least of

(i) the amount of the benefit that would have been deemed to have been received by the taxpayer under section 80.4 in the year if that section had applied only in respect of the home relocation loan,

(ii) the amount of interest for the year that would be computed under paragraph 80.4(1)(a) in respect of the home relocation loan if that loan were in the amount of $25,000 and were extinguished on the earlier of

(A) the day that is five years after the day on which the home relocation loan was made, and

(B) the day on which the home relocation loan was extinguished, and

(iii) the amount of the benefit deemed to have been received by the taxpayer under section 80.4 in the year; and

Part VI.1 tax

(k) 9/4 of the tax payable under subsection 191.1(1) by the taxpayer for the year.

Deemed payment of medical expenses

(1.1) (Repealed by S.C. 1988, c. 55, s. 77(10).)

Time of gift

(1.2) (Repealed by S.C. 1988, c. 55, s. 77(10).)

Nature of impairment

(1.3) (Repealed by S.C. 1988, c. 55, s. 77(10).)

Replacement of home relocation loan

(1.4) For the purposes of paragraph 110(1)(j), a loan received by a taxpayer that is used to repay a home relocation loan shall be deemed to be the same loan as the relocation loan and to have been made on the same day as the relocation loan.

Determination of amounts relating to employee security options

(1.5) For the purpose of paragraph (1)(d),

(a) the amount payable by a taxpayer to acquire a security under an agreement referred to in subsection 7(1) shall be determined without reference to any change in the value of a currency of a country other than Canada, relative to Canadian currency, occurring after the agreement was made;

(b) the fair market value of a security at the time an agreement in respect of the security was made shall be determined on the assumption that all specified events associated with the security that occurred after the agreement was made and before the sale or issue of the security or the disposition of the taxpayer's rights under the agreement in respect of the security, as the case may be, had occurred immediately before the agreement was made; and

(c) in determining the amount that was included, in respect of a security that a qualifying person has agreed to sell or issue to a taxpayer, in the amount determined under subparagraph 7(1.4)(c)(ii) for the purpose of determining if the condition in paragraph 7(1.4)(c) was satisfied with respect to a particular disposition, an assumption shall be made that all specified events associated with the security that occurred after the particular disposition and before the sale or issue of the security or the taxpayer's subsequent disposition of rights under the agreement in respect of the security, as the case may be, had occurred immediately before the particular disposition.

Meaning of "specified event"

(1.6) For the purpose of subsection (1.5), a specified event associated with a security is

(a) where the security is a share of the capital stock of a corporation,

(i) a subdivision or consolidation of shares of the capital stock of the corporation,

(ii) a reorganization of share capital of the corporation, and

(iii) a stock dividend of the corporation; and

(b) where the security is a unit of a mutual fund trust,

(i) a subdivision or consolidation of the units of the trust, and

(ii) an issuance of units of the trust as payment, or in satisfaction of a person's right to enforce payment, out of the trust's income (determined before the application of subsection 104(6)) or out of the trust's capital gains.

Definitions in subsection 7(7)

(1.7) The definitions in subsection 7(7) apply for the purposes of subsections (1.5) and (1.6).

Charitable gifts

(2) Where an individual is, during a taxation year, a member of a religious order and has, as such, taken a vow of perpetual poverty, the individual may deduct in computing the individual's taxable income for the year an amount equal to the total of the individual's superannuation or pension benefits and the individual's earned income for the year (within the meaning assigned by section 63) if, of the individual's income, that amount is paid in the year to the order.

Charitable donation - proceeds of disposition of employee option securities

(2.1) Where a taxpayer, in exercising a right to acquire a security that a particular qualifying person has agreed to sell or issue to the taxpayer under an agreement referred to in subsection 7(1), directs a broker or dealer appointed or approved by the particular qualifying person (or by a qualifying person that does not deal at arm's length with the particular qualifying person) to immediately dispose of the security and pay all or a portion of the proceeds of disposition of the security to a qualified donee,

(a) if the payment is a gift, the taxpayer is deemed, for the purpose of paragraph (1)(d.01), to have disposed of the security by making a gift of the security to the qualified donee at the time the payment is made; and

(b) the amount deductible under paragraph (1)(d.01) by the taxpayer in respect of the disposition of the security is the amount determined by the formula

A x B/C

where

A

is the amount that would be deductible under paragraph (1)(d.01) in respect of the disposition of the security if this subsection were read without reference to this paragraph,

B

is the amount of the payment, and

C

is the amount of the proceeds of disposition of the security.

Gift of tangible capital property

(2.2) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Gifts of art

(2.3) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Commuter's charitable donations

(3) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Application

(4) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Gifts made by partnership

(5) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Deemed medical expense

(6) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Deemed travelling expenses

(6.1) (Repealed by S.C. 1985, c. 45, s. 54(8).)

Partial dependency

(7) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Definitions

(8) (Repealed by S.C. 1988, c. 55, s. 77(12).)

"private health services plan"

(a) (Repealed by S.C. 1988, c. 55, s. 77(12).)

"registered Canadian amateur athletic association"

(b) (Repealed by S.C. 1988, c. 55, s. 77(12).)

"registered charity"

(c) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Designation

(8.1) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Idem

(8.2) (Repealed by S.C. 1988, c. 55, s. 77(12).)

Idem

(9) (Repealed by S.C. 1988, c. 55, s. 77(12).)

S.C. 1970-71-72, c. 63, s. 1"110"; S.C. 1973-74, c. 14, s. 35; S.C. 1974-75-76, c. 26, s. 69; S.C. 1974-75-76, c. 50, s. 50; S.C. 1974-75-76, c. 58, s. 12; S.C. 1976-77, c. 4, ss. 43, 87; S.C. 1977-78, c. 1, s. 51; S.C. 1979, c. 5, s. 33; S.C. 1980-81-82-83, c. 48, s. 57; S.C. 1980-81-82-83, c. 140, s. 65; S.C. 1984, c. 1, s. 49; S.C. 1984, c. 6, s. 31; S.C. 1984, c. 45, s. 35; S.C. 1985, c. 45, s. 54; S.C. 1986, c. 6, s. 55; S.C. 1986, c. 55, s. 31; S.C. 1987, c. 46, s. 38; S.C. 1988, c. 55, s. 77; S.C. 1990, c. 39, s. 21; S.C. 1994, c. 7, Sch. II, s. 78; S.C. 1994, c. 7, Sch. VIII, s. 45; S.C. 1994, c. 21, s. 49; S.C. 1999, c. 22, s. 26; S.C. 2001, c. 17, s. 84; S.C. 2002, c. 9, s. 33.

Deduction for gifts

110.1. (1) For the purpose of computing the taxable income of a corporation for a taxation year, there may be deducted such of the following amounts as the corporation claims

Charitable gifts

(a) the total of all amounts each of which is the fair market value of a gift (other than a gift described in paragraph 110.1(1)(b), (c) or (d)) made by the corporation in the year or in any of the 5 preceding taxation years to

(i) a registered charity,

(ii) a registered Canadian amateur athletic association,

(iii) a corporation resident in Canada and described in paragraph 149(l)(i),

(iv) a municipality in Canada,

(v) the United Nations or an agency thereof,

(vi) a university outside Canada that is prescribed to be a university the student body of which ordinarily includes students from Canada,

(vii) a charitable organization outside Canada to which Her Majesty in right of Canada has made a gift in the year or in the 12-month period preceding the year, or

(viii) Her Majesty in right of Canada or a province,

not exceeding the lesser of the corporation's income for the year and the amount determined by the formula

0.75A + 0.25(B + C + D)

where

A is the corporation's income for the year computed without reference to subsection 137(2),

B is the total of all amounts each of which is a taxable capital gain of the corporation for the year from a disposition that is the making of a gift made by the corporation in the year and described in this paragraph,

C is the total of all amounts each of which is a taxable capital gain of the corporation for the year, because of subsection 40(1.01), from a disposition of a property in a preceding taxation year, and

D is the total of all amounts each of which is determined in respect of the corporation's depreciable property of a prescribed class and equal to the lesser of

(A) the amount included under subsection 13(1) in respect of the class in computing the corporation's income for the year, and

(B) the total of all amounts each of which is determined in respect of a disposition that is the making of a gift of property of the class made by the corporation in the year that is described in this paragraph and equal to the lesser of

(I) the proceeds of disposition of the property minus any outlays and expenses to the extent that they were made or incurred by the corporation for the purpose of making the disposition, and

(II) the capital cost to the corporation of the property;

Gifts to Her Majesty

(b) the total of all amounts each of which is the fair market value of a gift (other than a gift described in paragraph 110.1(1)(c) or (d)) made by the corporation to Her Majesty in right of Canada or a province

(i) in the year or in any of the 5 preceding taxation years, and

(ii) before February 19, 1997 or under a written agreement made before that day;

Gifts to institutions

(c) the total of all amounts each of which is the fair market value of a gift (other than a gift described in paragraph 110.1(1)(d)) of an object that the Canadian Cultural Property Export Review Board has determined meets the criteria set out in paragraphs 29(3)(b) and (c) of the Cultural Property Export and Import Act, which gift was made by the corporation in the year or in any of the 5 preceding taxation years to an institution or a public authority in Canada that was, at the time the gift was made, designated under subsection 32(2) of that Act either generally or for a specified purpose related to that object; and

Ecological gifts

(d) the total of all amounts each of which is the fair market value of a gift of land, including a servitude for the use and benefit of a dominant land, a covenant or an easement, the fair market value of which is certified by the Minister of the Environment and that is certified by that Minister, or by a person designated by that Minister, to be ecologically sensitive land, the conservation and protection of which is, in the opinion of that Minister, or that person, important to the preservation of Canada's environmental heritage, which gift was made by the corporation in the year or in any of the five preceding taxation years to

(i) Her Majesty in right of Canada or a province or a municipality in Canada, or

(ii) a registered charity one of the main purposes of which is, in the opinion of that Minister, the conservation and protection of Canada's environmental heritage, and that is approved by that Minister or that person in respect of the gift.

Limitation on deductibility

(1.1) For the purpose of determining the amount deductible under subsection 110.1(1) in computing a corporation's taxable income for a taxation year,

(a) an amount in respect of a gift is deductible only to the extent that it exceeds amounts in respect of the gift deducted under that subsection in computing the corporation's taxable income for preceding taxation years; and

(b) no amount in respect of a gift made in a particular taxation year is deductible under any of paragraphs 110.1(1)(a) to (d) until amounts deductible under that paragraph in respect of gifts made in taxation years preceding the particular year have been deducted.

Proof of gift

(2) A gift shall not be included for the purpose of determining a deduction under subsection (1) unless the making of the gift is proven by filing with the Minister

(a) a receipt for the gift that contains prescribed information;

(b) in the case of a gift described in paragraph (1)(c), the certificate issued under subsection 33(1) of the Cultural Property Export and Import Act; and

(c) in the case of a gift described in paragraph (1)(d), both certificates referred to in that paragraph.

Gifts of capital property

(3) Where at any time

(a) a corporation makes a gift of

(i) capital property to a donee described in paragraph 110.1(1)(a), (b) or (d), or

(ii) in the case of a corporation not resident in Canada, real property situated in Canada to a prescribed donee who provides an undertaking, in a form satisfactory to the Minister, to the effect that the property will be held for use in the public interest, and

(b) the fair market value of the property at that time exceeds its adjusted cost base to the corporation,

such amount, not greater than the fair market value otherwise determined and not less than the adjusted cost base to the corporation of the property at that time, as the corporation designates in its return of income under section 150 for the year in which the gift is made is, if the making of the gift is proven by filing with the Minister a receipt containing prescribed information, deemed to be its proceeds of disposition of the property and, for the purposes of subsection (1), the fair market value of the gift made by the corporation.

Gifts made by partnership

(4) Where a corporation is, at the end of a fiscal period of a partnership, a member of the partnership, its share of any amount that would, if the partnership were a person, be a gift made by the partnership to any donee shall, for the purposes of this section, be deemed to be a gift made to that donee by the corporation in its taxation year in which the fiscal period of the partnership ends.

Ecological gifts

(5) For the purposes of applying subparagraph 69(1)(b)(ii), this section and section 207.31 in respect of a gift described in paragraph (1)(d) that is made by a taxpayer, the amount that is the fair market value (or, for the purpose of subsection (3), the fair market value otherwise determined) of the gift at the time the gift was made and, subject to subsection (3), the taxpayer's proceeds of disposition of the gift, is deemed to be the amount determined by the Minister of the Environment to be

(a) where the gift is land, the fair market value of the gift; or

(b) where the gift is a servitude, covenant or easement to which land is subject, the greater of

(i) the fair market value otherwise determined of the gift, and

(ii) the amount by which the fair market value of the land is reduced as a result of the making of the gift.

Non-qualifying securities

(6) Subsections 118.1(13), and (14) and (16) to (20) apply to a corporation as if the references in those subsections to an individual were read as references to a corporation and as if a non-qualifying security of a corporation included a share (other than a share listed on a prescribed stock exchange) of the capital stock of the corporation.

Corporation ceasing to exist

(7) If, but for this subsection, a corporation (other than a corporation that was a predecessor corporation in an amalgamation to which subsection 87(1) applied or a corporation that was wound up in a winding-up to which subsection 88(1) applied) would be deemed by subsection 118.1(13) to have made a gift after the corporation ceased to exist, for the purpose of this section, the corporation is deemed to have made the gift in its last taxation year, except that the amount of interest payable under any provision of this Act is the amount that it would be if this subsection did not apply to the gift.

S.C. 1974-75-76, c. 26, s. 70; S.C. 1974-75-76, c. 71, s. 2; S.C. 1976-77, c. 4, s. 44; S.C. 1977-78, c. 1, s. 52; S.C. 1977-78, c. 32, s. 26; S.C. 1979, c. 5, s. 34; S.C. 1980-81-82-83, c. 48, s. 58; S.C. 1980-81-82-83, c. 140, s.66; S.C. 1984, c. 1, s. 50; S.C. 1986, c. 6, s. 56; S.C. 1988, c. 55, s. 78; S.C. 1994, c. 7, Sch. II, s. 79; S.C. 1994, c. 7, Sch. VIII, s. 46; S.C. 1996, c. 21, s. 20; S.C. 1997, c. 25, s. 22; S.C. 1998, c. 19, s. 20; S.C. 2001, c. 17, s. 85.

Definitions

110.2. (1) The definitions in this subsection apply in this section and section 120.31.

"eligible taxation year" « année d'imposition admissible »

"eligible taxation year", in respect of a qualifying amount received by an individual, means a taxation year

(a) that ended after 1977 and before the year in which the individual received the qualifying amount;

(b) throughout which the individual was resident in Canada;

(c) that did not end in a calendar year in which the individual became a bankrupt; and

(d) that was not included in an averaging period, within the meaning assigned by section 119 (as it read in its application to the 1987 taxation year), pursuant to an election that was made and not revoked by the individual under that section.

"qualifying amount" « montant admissible »

"qualifying amount" received by an individual in a taxation year means an amount (other than the portion of the amount that can reasonably be considered to be received as, on account of, in lieu of payment of or in satisfaction of, interest) that is included in computing the individual's income for the year and is

(a) an amount

(i) that is received pursuant to an order or judgment of a competent tribunal, an arbitration award or a contract by which the payor and the individual terminate a legal proceeding, and

(ii) that is

(A) included in computing the individual's income from an office or employment, or

(B) received as, on account of, in lieu of payment of or in satisfaction of, damages in respect of the individual's loss of an office or employment,

(b) a superannuation or pension benefit (other than a benefit referred to in clause 56(1)(a)(i)(B)) received on account of, in lieu of payment of or in satisfaction of, a series of periodic payments (other than payments that would have otherwise been made in the year or in a subsequent taxation year),

(c) an amount described in paragraph 6(1)(f), subparagraph 56(1)(a)(iv) or paragraph 56(1)(b), or

(d) a prescribed amount or benefit,

except to the extent that the individual may deduct for the year an amount under paragraph 8(1)(b), (n) or (n.1), 60(n) or (o.1) or 110(1)(f) in respect of the amount so included.

"specified portion" « partie déterminée »

"specified portion", in relation to an eligible taxation year, of a qualifying amount received by an individual means the portion of the qualifying amount that relates to the year, to the extent that the individual's eligibility to receive the portion existed in the year.

Deduction for lump-sum payments

(2) There may be deducted in computing the taxable income of an individual (other than a trust) for a particular taxation year the total of all amounts each of which is a specified portion of a qualifying amount received by the individual in the particular year, if that total is $3,000 or more.

S.C. 1974-75-76, c. 26, s. 70; S.C. 1976-77, c. 4, s. 45; S.C. 1977-78, c. 1, s. 53; S.C. 1977-78, c. 32, s. 27; S.C. 1980-81-82-83, c. 48, s. 59; S.C. 1980-81-82-83, c. 140, s. 67; S.C. 1984, c. 1, s. 51; S.C. 1987, c. 46, s. 39; S.C. 1988, c. 55, s. 79; S.C. 2000, c. 19, s. 17.

Transfer of unused deductions

110.3. (Repealed by S.C. 1988, c. 55, s. 79(1).)

S.C. 1976-77, c. 4, s. 46; S.C. 1980-81-82-83, c. 140, s. 68; S.C. 1984, c. 1, s. 52; S.C. 1988, c. 55, s. 79.

Forward averaging

110.4. (1) (Repealed by S.C. 1988, c. 55, s. 80(1).)

Election

(2) (Repealed by S.C. 2000, c. 19, s. 18(1).)

Exception

(3) (Repealed by S.C. 1988, c. 55, s. 80(3).)

Death of a taxpayer

(4) (Repealed by S.C. 2000, c. 19, s. 18(1).)

Exception

(5) (Repealed by S.C. 2000, c. 19, s. 18(1).)

Invalid election

(6) (Repealed by S.C. 1988, c. 55, s. 80(4).)

Revocation of election

(6.1) (Repealed by S.C. 2000, c. 19, s. 18(1).)

Presumption

(7) (Repealed by S.C. 1985, c. 45, s. 55(2).)

Accumulated averaging amount

(8) (Repealed by S.C. 2000, c. 19, s. 18(1).)

S.C. 1980-81-82-83, c. 140, s. 69; S.C. 1984, c. 1, s. 53; S.C. 1985, c. 45, s. 55; S.C. 1986, c. 6, s. 57; S.C. 1988, c. 55, s. 80; S.C. 1994, c. 7, Sch. II, s. 80; S.C. 2000, c. 19, s. 18.

Additions for foreign tax deductions

110.5. There shall be added to a corporation's taxable income otherwise determined for a taxation year such amount as the corporation may claim to the extent that the addition thereof

(a) increases any amount deductible by the corporation under subsection 126(1) or (2) for the year; and

(b) does not increase an amount deductible by the corporation under any of sections 125, 125.1, 127, 127.2 and 127.3 for the year.

S.C. 1985, c. 45, s. 56.


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