Tax wiki
s. 118.8
PART I — Income Tax · DIVISION E — Computation of Tax · SUBDIVISION A — Rules Applicable to Individuals · Annual Adjustment of Deductions and Other Amounts
Transfer of unused credits to spouse or common-law partner
Not yet annotated · Text current to 2026-06-21 · section last amended 2017-01-01
Current text
For the purpose of computing the tax payable under this Part for a taxation year by an individual who, at any time in the year, is a married person or a person who is in a common-law partnership (other than an individual who, by reason of a breakdown of their marriage or common-law partnership, is living separate and apart from the individual’s spouse or common-law partner at the end of the year and for a period of 90 days commencing in the year), there may be deducted an amount determined by the formula
A + B - C
where
is the tuition tax credit transferred for the year by the spouse or common-law partner to the individual;
is the total of all amounts each of which is deductible under subsection 118(1), because of paragraph (b.1) of the description of B in that subsection, or subsection 118(2) or (3) or 118.3(1) in computing the spouse’s or common-law partner’s tax payable under this Part for the year; and
is the amount, if any, by which
the amount that would be the spouse’s or common-law partner’s tax payable under this Part for the year if no amount were deductible under this Division (other than an amount deductible under subsection 118(1) because of paragraph (c) of the description of B in that subsection, under subsection 118(10) or under any of sections 118.01 to 118.07, 118.3, 118.61 and 118.7)
exceeds
the lesser of
the total of all amounts that may be deducted under section 118.5 in computing the spouse’s or common-law partner’s tax payable under this Part for the year, and
the amount that would be the spouse’s or common-law partner’s tax payable under this Part for the year if no amount were deductible under this Division (other than an amount deductible under any of sections 118 to 118.07, 118.3, 118.61 and 118.7).
Source: Justice Laws Website. Not an official version.
Historic text
Immediately preceding version, in force from 2014-06-19 to 2016-12-31:
Show the text in force 2014-06-19 to 2016-12-31
Transfer of unused credits to spouse or common-law partner
118.8 For the purpose of computing the tax payable under this Part for a taxation year by an individual who, at any time in the year, is a married person or a person who is in a common-law partnership (other than an individual who, by reason of a breakdown of their marriage or common-law partnership, is living separate and apart from the individual’s spouse or common-law partner at the end of the year and for a period of 90 days commencing in the year), there may be deducted an amount determined by the formula
A + B - C
where
Ais the tuition, textbook and education tax credits transferred for the year by the spouse or common-law partner to the individual;Bis the total of all amounts each of which is deductible under subsection 118(1), because of paragraph (b.1) of the description of B in that subsection, or subsection 118(2) or (3) or 118.3(1) in computing the spouse’s or common-law partner’s tax payable under this Part for the year; andCis the amount, if any, by which(a) the amount that would be the spouse’s or common-law partner’s tax payable under this Part for the year if no amount were deductible under this Division (other than an amount deductible under subsection 118(1) because of paragraph (c) of the description of B in that subsection, under subsection 118(10) or under any of sections 118.01 to 118.07, 118.3, 118.61 and 118.7)
exceeds
(b) the lesser of
(i) the total of all amounts that may be deducted under section 118.5 or 118.6 in computing the spouse’s or common-law partner’s tax payable under this Part for the year, and
(ii) the amount that would be the spouse’s or common-law partner’s tax payable under this Part for the year if no amount were deductible under this Division (other than an amount deductible under any of sections 118 to 118.07, 118.3, 118.61 and 118.7).
- [NOTE: Application provisions are not included in the consolidated text
- see relevant amending Acts and regulations.]
- R.S., 1985, c. 1 (5th Supp.), s. 118.8
- 1994, c. 7, Sch. VIII, s. 58
- 1997, c. 25, s. 29
- 1998, c. 19, s. 29
- 1999, c. 22, s. 39
- 2000, c. 12, ss. 133, 142, c. 19, s. 26
- 2007, c. 2, s. 25, c. 29, s. 10
- 2009, c. 31, s. 7
- 2011, c. 24, s. 32
- 2014, c. 20, s. 13
Earlier versions: Justice Laws point-in-time versions of the Act (from 31 August 2004), and CanLII (under “Versions”). On Justice Laws, each version of section 118.8 links to the one before it.
Enacting and amending legislation
- R.S., 1985, c. 1 (5th Supp.), s. 118.8; 1994, c. 7, Sch. VIII, s. 58; 1997, c. 25, s. 29; 1998, c. 19, s. 29; 1999, c. 22, s. 39; 2000, c. 12, ss. 133, 142, c. 19, s. 26; 2007, c. 2, s. 25, c. 29, s. 10; 2009, c. 31, s. 7; 2011, c. 24, s. 32; 2014, c. 20, s. 13; 2016, c. 7, s. 18
Text before 2004 is found in the annual Statutes of Canada cited above. Application and coming-into-force provisions are not part of the consolidation; see the amending Acts.
Cross-references
Citation
Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), s. 118.8.