Chapter 9 (Revised 96.04.08)

Review structure of ITA:
See page 7 of text
or pages LI to LXI of CCH.
And ITA 3, page 17 of text.

Subdivision d: other sources of income:
56(1)(a):
(i)(A) OAS [The March 1996 budget proposes that OAS, GIS, and the pension and age tax credits be replaced by refundable tax credits in 2001.]
(i)(B) CPP/QPP
(iii) death benefit (248(1))
(iv) UIC
(ii) retiring allowance (248(1)):

includes payments recognizing long service or compensating for damages on loss of employment.

Alimony and maintenance:
Receipts taxable under 56(1)(b) and (c); see also 56.1.
Payments deductible under 60(b) and (c); see also 60.1.
Periodic allowance for "spouse" and/or "child[ren]".
Living apart when payment made and for rest of year.
Pursuant to written agreement or court decision.
[The March 1996 budget proposes that the above provisions not apply to child support paid pursuant to an agreement made after 30 April 1997.]

Other inclusions:
56(1)(l): Legal costs awarded that would be deductible under 60(o) re appealing an ITA assessment.
56(1)(m): National Training Act allowance.
56(1)(n): Scholarships and bursaries - $500.
56(1)(o): Net research grants.
56(1)(u): Social assistance. (Deductible under Division C.)
56(1)(v): WCB. (Deductible under Division C.)

Pension reform:
Maximum contributable (by employer and employee combined):

Defined benefit: based on:
2% * years of employment * average of 3 best years' salary
maximum pension of $60,278
(Can also contribute $1000 to RRSP)

8301: Pension adjustment:
(2,4,11): For DPSP and money purchase RPP: amount contributed for the year.
(6): For defined benefit RPP: 9 * pension entitlement - $1000
E.g. If employee "earns" a pension entitlement of 2% * $40,000, then the pension adjustment is $6,200.

RRSP deduction limit:
18% of last year's earned income,

$15,500
$13,500 in 1994 to 2003
Less last year's pension adjustment.
E.g. If earned income also $40,000, then RRSP contribution limited to 18% * $40,000 - $6,200 = $1,000.

146(1): Earned income is income from employment (ignoring RPP contributions), self-employment, rental income, authors'/inventors' royalties, alimony, net research grants.

RRSPs:
If maximum not contributed (after 1990), can be carried forward.
204.1(2.1): Can over-contribute $2000, excess is taxed at 1%/month.
Can contribute to spousal RRSP:
146(8.3): but if spouse withdraws funds, then current and last two years' contributions included in income.

146.01: Home buyers plan
Permits up to $20,000 tax-free RRSP withdrawal:

to purchase home by October 1 of next year.
cannot have owned a home in 5 previous years.
Must repay in < 16 years, starting second calendar year after withdrawal.
If not, included in income.
Contributions to RRSP made within 90 days before withdrawal cannot be deducted, unless at least that amount remains after the withdrawal.

RRSP maturity:
Must be before year in which annuitant turns 72. [70 per March 1996 budget]
Can withdraw funds (taxed in full).
Can buy fixed term or life annuity.
Can transfer to RRIFs.

Death of annuitant:
Transfer to spouse or dependent child (or grandchild) is tax-free.

Spouse or handicapped (grand)child may transfer to own RRSP, RRIF, or annuity (ITA 60(l)).
Child may buy annuity to age 18.
Otherwise, value of RRSP or RRIF is income in year of death.

Transfers:

Generally direct transfers from one plan to another are tax free.
60(j.1): Retiring allowance can be transferred to RRSP,
to a maximum of $2000 for each calendar year {prior to 1996, per 1995 budget} employed by that employer.

Do exercises 1,2,3 and problems 1,2a,2b.

Other deductions in computing income (subdivision e):
180.2: Claw back of OAS:
For taxpayers whose income exceeds $53,215 (indexed), their OAS is reduced by 15% of this excess.
The reduction is deductible under 60(w).
For example, if income before any clawback is $54,215, then the clawback is $150. Taxpayer pays Part I.2 tax of $150, and reduces income by $150.

.

62: Moving expenses incurred
To get at least 40 kilometres closer to new work location (or full time college).
Can claim only to extent of income from work or education assistance.
Must be in excess of any reimbursement.
62(3): List of eligible expenses

Do exercise 4 and problem 3.

63: Child care expenses:
Must be incurred in the year by the taxpayer or a "supporting person".
Cannot be paid to related minor or a dependent.

Higher income spouse limited to lessor of:
a) actual amount incurred (but not more than $150/week/child under 7

and $90/week/child over 6 and under 15 for boarding school or camp)
b) $5000 * # of children under 7 at end of year or older with "impairment"
plus $3000 * # of others under 15 at end of year [17 per March 1996 budget];
c) 2/3 of his
earned income (business income plus that under ITA 5, 6, 7, 56(1)(m,n,o)) [any income if both parents are full time students, per March 1996 budget];
d) $150 * # of children under 7 at end of year or older with "impairment"
plus $90 * # of others under 15 at end of year
times number of weeks the lower income person is "unavailable" (in school, infirm, in prison).

Lower income spouse gets lessor of (a), (b), and (c) (computed using her earned income) less what higher income spouse claims.
Excel spreadsheet for calculating child care deduction:
childcr.xls.

Do exercise 5 and problem 4.

64: Attendant care expenses:
For "impaired" individual.
Paid to unrelated non-minor.
Limited to 2/3 of earned income.
Limited to $5,000. [The February 1997 budget proposed to remove this limit.]

64.1: "Factual" residents:
I.e. those resident in Canada for tax purposes.
Eligible for moving, child care, and attendant expenses, even if references to "in Canada" not met.

Do problems 5, 6


9.305 Overhead Index.
9.305 HomePage