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Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.))

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Act current to 2024-08-18 and last amended on 2024-07-01. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2023, c. 26, s. 660

  • — 2023, c. 26, s. 661

  • — 2024, c. 17, s. 31

      • 31 (1) Section 122.62 of the Act is amended by adding the following after subsection (8):

        • Death of child — qualified dependant

          (9) For the purposes of this Subdivision (other than subsection (4)), a person is deemed to be a qualified dependant at the beginning of a month if

          • (a) the person died in any of the six preceding months;

          • (b) the person’s date of birth was not 18 years or more prior to the beginning of the month; and

          • (c) the person was a qualified dependant immediately prior to their death.

        • Death of child — eligible individual

          (10) For the purposes of this Subdivision (other than subsection (4)), a person is deemed to be an eligible individual in respect of a qualified dependant at the beginning of a month if

          • (a) that qualified dependant is a qualified dependant at the beginning of that month because of subsection (9); and

          • (b) the person was an eligible individual in respect of the qualified dependant immediately before the qualified dependant’s death.

        • Death of child

          (11) For the purposes of paragraphs (a) and (b) of the description of E in subsection 122.61(1), if a person is deemed to be a qualified dependant at the beginning of a month because of subsection (9), the person is deemed to be the age at the beginning of that month that the person would have been at the beginning of that month had the person not died.

        • Death of child — disability tax credit

          (12) For the purposes of paragraph (a) of the description of N in subsection 122.61(1), if a person died on or after July 1 of a particular taxation year and an amount could have been deducted in respect of that person under section 118.3 for that taxation year, an amount is deemed to be deductible under section 118.3 in respect of that person for the immediately following taxation year.

      • (2) Subsection (1) applies in respect of the death of a person that occurs after 2024.

  • — 2024, c. 17, s. 170

      • 170 (1) Paragraph (a) of the definition education savings plan in subsection 146.1(1) of the Income Tax Act is amended by striking out “and” at the end of subparagraph (iii) and by adding the following after subparagraph (iv):

      • (2) The definition subscriber in subsection 146.1(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):


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