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s. 122.5

PART I — Income Tax · DIVISION E — Computation of Tax · SUBDIVISION A — Rules Applicable to Individuals · Tax on Split Income

Definitions

Not yet annotated · Text current to 2026-06-21 · section last amended 2026-02-12

Current text

(1)

The following definitions apply in this section.

adjusted income, of an individual for a taxation year in relation to a month specified for the taxation year, means the total of the individual’s income for the taxation year and the income for the taxation year of the individual’s qualified relation, if any, in relation to the specified month, both calculated as if in computing that income no amount were

(a)

included

(i)

under paragraph 56(1)(q.1) or subsection 56(6),

(ii)

in respect of any gain from a disposition of property to which section 79 applies, or

(iii)

in respect of a gain described in subsection 40(3.21); or

(b)

deductible under paragraph 20(1)(ww) or 60(y) or (z). (revenu rajusté)

cohabiting spouse or common-law partner of an individual at any time has the meaning assigned by section 122.6. (époux ou conjoint de fait visé)

eligible individual, in relation to a month specified for a taxation year, means an individual (other than a trust) who

(a)

has, before the specified month, attained the age of 19 years; or

(b)

was, at any time before the specified month,

(i)

a parent who resided with their child, or

(ii)

married or in a common-law partnership. (particulier admissible)

qualified dependant of an individual, in relation to a month specified for a taxation year, means a person who at the beginning of the specified month

(a)

is the individual’s child or is dependent for support on the individual or on the individual’s cohabiting spouse or common-law partner;

(b)

resides with the individual;

(c)

is under the age of 19 years;

(d)

is not an eligible individual in relation to the specified month; and

(e)

is not a qualified relation of any individual in relation to the specified month. (personne à charge admissible)

qualified relation of an individual, in relation to a month specified for a taxation year, means the person, if any, who, at the beginning of the specified month, is the individual’s cohabiting spouse or common-law partner. (proche admissible)

return of income, in respect of a person for a taxation year, means

(a)

for a person who is resident in Canada at the end of the taxation year, the person’s return of income (other than a return of income under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) that is required to be filed for the taxation year or that would be required to be filed if the person had tax payable under this Part for the taxation year; and

(b)

in any other case, a prescribed form containing prescribed information that is filed for the taxation year with the Minister. (déclaration de revenu)

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

(a)

died before the specified month;

(b)

is confined to a prison or similar institution for a period of at least 90 days that includes the first day of the specified month;

(c)

is at the beginning of the specified month a non-resident person, other than a non-resident person who

(i)

is at that time the cohabiting spouse or common-law partner of a person who is deemed under subsection 250(1) to be resident in Canada throughout the taxation year that includes the first day of the specified month, and

(ii)

was resident in Canada at any time before the specified month;

(d)

is at the beginning of the specified month a person described in paragraph 149(1)(a) or (b); or

(e)

is a person in respect of whom a special allowance under the Children’s Special Allowances Act is payable for the specified month.

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 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 ¼ of the amount, if any, determined by the formula

A - B

where

A

is the total of

(a)

$213,

(b)

$213 for the qualified relation, if any, of the individual in relation to the specified month,

(c)

if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $213,

(d)

$112 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

(e)

if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $112, and

(f)

if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $112 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $6,911; and

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.

COVID-19 — additional deemed payment

(3.001)

An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula

A − B − C

where

A

is the total of

(a)

$580,

(b)

$580 for the qualified relation, if any, of the individual in relation to the specified month,

(c)

if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $580,

(d)

$306 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

(e)

if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $306, and

(f)

if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $306 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,412;

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 $37,789; and

C

is the total amount that the eligible individual is deemed to have paid under subsection (3) on account of their tax payable for the specified months of July 2019, October 2019, January 2020 and April 2020.

Additional deemed payment

(3.002)

An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula

0.25 × (A – B) – C

where

A

is the total of

(a)

$918,

(b)

$918 for the qualified relation, if any, of the individual in relation to the specified month,

(c)

if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $918,

(d)

$483 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

(e)

if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $483, and

(f)

if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $483 and 6% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,919;

B

is 15% of the amount, if any, by which the individual’s adjusted income for the taxation year exceeds $39,826; and

C

is the amount that the eligible individual is deemed to have paid under subsection (3) during the specified month on account of their tax payable for the taxation year.

Additional deemed payment – January 2023

(3.003)

An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula

0.25 × (A − B) − C

where

A

is the total of

(a)

$918,

(b)

$918 for the qualified relation, if any, of the individual in relation to the specified month,

(c)

if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $918,

(d)

$483 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

(e)

if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $483, and

(f)

if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $483 and 6% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,919;

B

is 15% of the amount, if any, by which the individual’s adjusted income for the taxation year exceeds $39,826; and

C

is the amount that the eligible individual is deemed to have paid under subsection (3) during the specified month on account of their tax payable for the taxation year.

Additional deemed payment — January 2026

(3.004)

An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula

0.25 × (A − B) − C

where

A

is the total of

(a)

$1,047,

(b)

$1,047 for the qualified relation, if any, of the individual in relation to the specified month,

(c)

if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $1,047,

(d)

$552 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

(e)

if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $552, and

(f)

if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $552 and 6% of the amount, if any, by which the individual’s income for the taxation year exceeds $11,337;

B

is 15% of the amount, if any, by which the individual’s adjusted income for the taxation year exceeds $45,521; and

C

is the amount that the eligible individual is deemed to have paid under subsection (3) during the specified month on account of their tax payable for the taxation year.

Additional deemed payment — July 2026 to April 2031

(3.005)

An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year 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

(a)

$445,

(b)

$445 for the qualified relation, if any, of the individual in relation to the specified month,

(c)

if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $445,

(d)

$234 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

(e)

if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $234, and

(f)

if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $234 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $11,564; and

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 $46,432.

Shared-custody parent

(3.01)

Notwithstanding subsection (3), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3) to have been paid during a specified month is equal to the amount determined by the following formula:

1/2 × (A + B)

where

A

is the amount determined by the formula in subsection (3), calculated without reference to this subsection, and

B

is the amount determined by the formula in subsection (3), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

COVID-19 — shared-custody parent

(3.02)

Notwithstanding subsection (3.001), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.001) to have been paid during the specified month is equal to the amount determined by the following formula:

0.5(A + B)

where

A

is the amount determined by the formula in subsection (3.001), calculated without reference to this subsection; and

B

is the amount determined by the formula in subsection (3.001), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

Additional deemed payment — shared-custody parent

(3.03)

Notwithstanding subsection (3.002), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.002) to have been paid during the specified month is equal to the amount determined by the following formula:

0.5 × (A + B)

where

A

is the amount determined by the formula in subsection (3.002), calculated without reference to this subsection; and

B

is the amount determined by the formula in subsection (3.002), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

January 2023 payment – shared-custody parent

(3.04)

Notwithstanding subsection (3.003), if an eligible individual is a shared-custody parent (as defined in section 122.6, but with the term “qualified dependant” in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.003) to have been paid during the specified month is equal to the amount determined by the formula

0.5 × (A + B)

where

A

is the amount determined by the formula in subsection (3.003), calculated without reference to this subsection; and

B

is the amount determined by the formula in subsection (3.003), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

January 2026 payment — shared-custody parent

(3.05)

Notwithstanding subsection (3.004), if an eligible individual is a shared-custody parent (as defined in section 122.6, with reference to the term “qualified dependant” read as a reference to that term as defined in subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.004) to have been paid during the specified month is equal to the amount determined by the formula

0.5 × (A + B)

where

A

is the amount determined by the formula in subsection (3.004), calculated without reference to this subsection; and

B

is the amount determined by the formula in subsection (3.004), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

July 2026 to April 2031 payments — shared-custody parent

(3.06)

Notwithstanding subsection (3.005), if an eligible individual is a shared-custody parent (as defined in section 122.6, with reference to the term “qualified dependant” read as a reference to that term as defined in subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.005) to have been paid during the specified month is equal to the amount determined by the formula

0.5 × (A + B)

where

A

is the amount determined by the formula in subsection (3.005), calculated without reference to this subsection; and

B

is the amount determined by the formula in subsection (3.005), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

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

(a)

the amount deemed by that subsection to have been paid by the eligible individual during the particular month specified for the taxation year is less than $50; and

(b)

it is reasonable to conclude that the amount deemed by that subsection to have been paid by the eligible individual during each subsequent month specified for the taxation year will be less than $50.

Advance payment

(3.2)

If this subsection applies, the total of the amounts that would otherwise be deemed by subsections (3) and (3.005) 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 subsections (3) and (3.005) 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.

Months specified

(4)

For the purposes of this section, the months specified for a taxation year are July and October of the immediately following taxation year and January and April of the second immediately following taxation year.

COVID-19 — month specified

(4.1)

Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.001) is May 2020 (or an earlier month designated by the Minister) and the taxation year is the 2018 taxation year.

Month specified

(4.2)

Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.002) is October 2022 and the taxation year is the 2021 taxation year.

January 2023 – month specified

(4.3)

Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.003) is January 2023 and the taxation year is the 2021 taxation year.

January 2026 — month specified

(4.4)

Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.004) is January 2026 and the taxation year is the 2024 taxation year.

July 2026 to April 2031 — month specified

(4.5)

Notwithstanding subsection (4) and for the purposes of this section, the months specified in subsection (3.005) are July 2026, October 2026, January 2027, April 2027, July 2027, October 2027, January 2028, April 2028, July 2028, October 2028, January 2029, April 2029, July 2029, October 2029, January 2030, April 2030, July 2030, October 2030, January 2031 and April 2031, and if the month specified is July or October, the taxation year for the month specified is the immediately preceding taxation year and if the month specified is January or April, the taxation year for the month specified is the second preceding taxation year.

Subsection (3) does not apply — month specified

(4.6)

Notwithstanding subsection (3), the amount that an eligible individual in relation to a month specified in subsection (4.5) is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year under subsection (3) is deemed to be nil for that specified month.

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 and both those individuals would be, but for this subsection, eligible individuals in relation to the specified month, only the individual that the Minister designates is the eligible individual in relation to the specified month.

(5.1)

[Repealed, 2002, c. 9, s. 38(2)]

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,

(a)

the person is deemed to be a qualified dependant, in relation to that month, of the one of those individuals on whom those individuals agree;

(b)

in the absence of an agreement referred to in paragraph (a), the person is deemed to be, in relation to that month, a qualified dependant of the individuals, if any, who are, at the beginning of that month, eligible individuals (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of that person; and

(c)

in any other case, the person is deemed to be, in relation to that month, a qualified dependant only of the individual that the Minister designates.

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:

(a)

the individual ceases to be an eligible individual;

(b)

a person becomes or ceases to be the individual’s qualified relation; and

(c)

a person ceases to be a qualified dependant of the individual, otherwise than because of attaining the age of 19 years.

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.

Effect of bankruptcy

(7)

For the purpose of this section, if in a taxation year an individual becomes bankrupt, the individual’s income for the taxation year shall include the individual’s income for the taxation year that begins on January 1 of the calendar year that includes the date of bankruptcy.

Source: Justice Laws Website. Not an official version.

Historic text

Immediately preceding version, in force from 2023-05-11 to 2026-02-11:

Show the text in force 2023-05-11 to 2026-02-11


Definitions

  • 122.5 (1) The following definitions apply in this section.

    adjusted income

    adjusted income, of an individual for a taxation year in relation to a month specified for the taxation year, means the total of the individual’s income for the taxation year and the income for the taxation year of the individual’s qualified relation, if any, in relation to the specified month, both calculated as if in computing that income no amount were

    • (a) included

      • (i) under paragraph 56(1)(q.1) or subsection 56(6),

      • (ii) in respect of any gain from a disposition of property to which section 79 applies, or

      • (iii) in respect of a gain described in subsection 40(3.21); or

    • (b) deductible under paragraph 20(1)(ww) or 60(y) or (z). (revenu rajusté)

    cohabiting spouse or common-law partner

    cohabiting spouse or common-law partner of an individual at any time has the meaning assigned by section 122.6. (époux ou conjoint de fait visé)

    eligible individual

    eligible individual, in relation to a month specified for a taxation year, means an individual (other than a trust) who

    • (a) has, before the specified month, attained the age of 19 years; or

    • (b) was, at any time before the specified month,

      • (i) a parent who resided with their child, or

      • (ii) married or in a common-law partnership. (particulier admissible)

    qualified dependant

    qualified dependant of an individual, in relation to a month specified for a taxation year, means a person who at the beginning of the specified month

    • (a) is the individual’s child or is dependent for support on the individual or on the individual’s cohabiting spouse or common-law partner;

    • (b) resides with the individual;

    • (c) is under the age of 19 years;

    • (d) is not an eligible individual in relation to the specified month; and

    • (e) is not a qualified relation of any individual in relation to the specified month. (personne à charge admissible)

    qualified relation

    qualified relation of an individual, in relation to a month specified for a taxation year, means the person, if any, who, at the beginning of the specified month, is the individual’s cohabiting spouse or common-law partner. (proche admissible)

    return of income

    return of income, in respect of a person for a taxation year, means

    • (a) for a person who is resident in Canada at the end of the taxation year, the person’s return of income (other than a return of income under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) that is required to be filed for the taxation year or that would be required to be filed if the person had tax payable under this Part for the taxation year; and

    • (b) in any other case, a prescribed form containing prescribed information that is filed for the taxation year with the Minister. (déclaration de revenu)

  • 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

    • (a) died before the specified month;

    • (b) is confined to a prison or similar institution for a period of at least 90 days that includes the first day of the specified month;

    • (c) is at the beginning of the specified month a non-resident person, other than a non-resident person who

      • (i) is at that time the cohabiting spouse or common-law partner of a person who is deemed under subsection 250(1) to be resident in Canada throughout the taxation year that includes the first day of the specified month, and

      • (ii) was resident in Canada at any time before the specified month;

    • (d) is at the beginning of the specified month a person described in paragraph 149(1)(a) or (b); or

    • (e) is a person in respect of whom a special allowance under the Children’s Special Allowances Act is payable for the specified month.

  • 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 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 ¼ of the amount, if any, determined by the formula

    A - B

    where

    Ais the total of

    • (a) $213,

    • (b) $213 for the qualified relation, if any, of the individual in relation to the specified month,

    • (c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $213,

    • (d) $112 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

    • (e) if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $112, and

    • (f) if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $112 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $6,911; and

    Bis 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.

  • COVID-19 — additional deemed payment

    (3.001) An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula

    A − B − C

    where

    Ais the total of

    • (a) $580,

    • (b) $580 for the qualified relation, if any, of the individual in relation to the specified month,

    • (c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $580,

    • (d) $306 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

    • (e) if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $306, and

    • (f) if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $306 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,412;

    Bis 5% of the amount, if any, by which the individual’s adjusted income for the taxation year in relation to the specified month exceeds $37,789; andCis the total amount that the eligible individual is deemed to have paid under subsection (3) on account of their tax payable for the specified months of July 2019, October 2019, January 2020 and April 2020.

  • Additional deemed payment

    (3.002) An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula

    0.25 × (A – B) – C

    where

    Ais the total of

    • (a) $918,

    • (b) $918 for the qualified relation, if any, of the individual in relation to the specified month,

    • (c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $918,

    • (d) $483 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

    • (e) if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $483, and

    • (f) if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $483 and 6% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,919;

    Bis 15% of the amount, if any, by which the individual’s adjusted income for the taxation year exceeds $39,826; andCis the amount that the eligible individual is deemed to have paid under subsection (3) during the specified month on account of their tax payable for the taxation year.

  • Additional deemed payment – January 2023

    (3.003) An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount determined by the formula

    0.25 × (A − B) − C

    where

    Ais the total of

    • (a) $918,

    • (b) $918 for the qualified relation, if any, of the individual in relation to the specified month,

    • (c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $918,

    • (d) $483 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month,

    • (e) if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $483, and

    • (f) if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $483 and 6% of the amount, if any, by which the individual’s income for the taxation year exceeds $9,919;

    Bis 15% of the amount, if any, by which the individual’s adjusted income for the taxation year exceeds $39,826; andCis the amount that the eligible individual is deemed to have paid under subsection (3) during the specified month on account of their tax payable for the taxation year.

  • Shared-custody parent

    (3.01) Notwithstanding subsection (3), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3) to have been paid during a specified month is equal to the amount determined by the following formula:

    1/2 × (A + B)

    where

    Ais the amount determined by the formula in subsection (3), calculated without reference to this subsection, andBis the amount determined by the formula in subsection (3), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

  • COVID-19 — shared-custody parent

    (3.02) Notwithstanding subsection (3.001), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.001) to have been paid during the specified month is equal to the amount determined by the following formula:

    0.5(A + B)

    where

    Ais the amount determined by the formula in subsection (3.001), calculated without reference to this subsection; andBis the amount determined by the formula in subsection (3.001), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

  • Additional deemed payment — shared-custody parent

    (3.03) Notwithstanding subsection (3.002), if an eligible individual is a shared-custody parent (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.002) to have been paid during the specified month is equal to the amount determined by the following formula:

    0.5 × (A + B)

    where

    Ais the amount determined by the formula in subsection (3.002), calculated without reference to this subsection; andBis the amount determined by the formula in subsection (3.002), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

  • January 2023 payment – shared-custody parent

    (3.04) Notwithstanding subsection (3.003), if an eligible individual is a shared-custody parent (as defined in section 122.6, but with the term “qualified dependant” in that section having the meaning assigned by subsection (1)) in respect of one or more qualified dependants at the beginning of a month, the amount deemed by subsection (3.003) to have been paid during the specified month is equal to the amount determined by the formula

    0.5 × (A + B)

    where

    Ais the amount determined by the formula in subsection (3.003), calculated without reference to this subsection; andBis the amount determined by the formula in subsection (3.003), calculated without reference to this subsection and subparagraph (b)(ii) of the definition eligible individual in section 122.6.

  • 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

    • (a) the amount deemed by that subsection to have been paid by the eligible individual during the particular month specified for the taxation year is less than $50; and

    • (b) it is reasonable to conclude that the amount deemed by that subsection to have been paid by the eligible individual during each subsequent month specified for the taxation year will be less than $50.

  • 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.

  • Months specified

    (4) For the purposes of this section, the months specified for a taxation year are July and October of the immediately following taxation year and January and April of the second immediately following taxation year.

  • COVID-19 — month specified

    (4.1) Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.001) is May 2020 (or an earlier month designated by the Minister) and the taxation year is the 2018 taxation year.

  • Month specified

    (4.2) Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.002) is October 2022 and the taxation year is the 2021 taxation year.

  • January 2023 – month specified

    (4.3) Notwithstanding subsection (4) and for the purposes of this section, the month specified in subsection (3.003) is January 2023 and the taxation year is the 2021 taxation year.

  • 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 and both those individuals would be, but for this subsection, eligible individuals in relation to the specified month, only the individual that the Minister designates is the eligible individual in relation to the specified month.

  • (5.1) [Repealed, 2002, c. 9, s. 38(2)]

  • 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,

    • (a) the person is deemed to be a qualified dependant, in relation to that month, of the one of those individuals on whom those individuals agree;

    • (b) in the absence of an agreement referred to in paragraph (a), the person is deemed to be, in relation to that month, a qualified dependant of the individuals, if any, who are, at the beginning of that month, eligible individuals (within the meaning assigned by section 122.6, but with the words qualified dependant in that section having the meaning assigned by subsection (1)) in respect of that person; and

    • (c) in any other case, the person is deemed to be, in relation to that month, a qualified dependant only of the individual that the Minister designates.

  • 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:

    • (a) the individual ceases to be an eligible individual;

    • (b) a person becomes or ceases to be the individual’s qualified relation; and

    • (c) a person ceases to be a qualified dependant of the individual, otherwise than because of attaining the age of 19 years.

  • 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.

  • Effect of bankruptcy

    (7) For the purpose of this section, if in a taxation year an individual becomes bankrupt, the individual’s income for the taxation year shall include the individual’s income for the taxation year that begins on January 1 of the calendar year that includes the date of bankruptcy.

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • R.S., 1985, c. 1 (5th Supp.), s. 122.5
  • 1994, c. 7, Sch. VII, s. 11, Sch. VIII, s. 60, c. 21, s. 57
  • 1997, c. 25, s. 32
  • 1998, c. 19, s. 139
  • 1999, c. 26, s. 37
  • 2000, c. 12, s. 142, c. 14, s. 38
  • 2001, c. 17, s. 107
  • 2002, c. 9, s. 38
  • 2006, c. 4, s. 175
  • 2007, c. 35, s. 111
  • 2010, c. 25, s. 23
  • 2011, c. 24, s. 37
  • 2013, c. 34, s. 260
  • 2014, c. 20, s. 17
  • 2018, c. 12, s. 15
  • 2020, c. 5, s. 2
  • 2022, c. 10, s. 8
  • 2022, c. 13, s. 2
  • 2023, c. 11, s. 3

This version on Justice Laws

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 122.5 links to the one before it.

Enacting and amending legislation

  • R.S., 1985, c. 1 (5th Supp.), s. 122.5; 1994, c. 7, Sch. VII, s. 11, Sch. VIII, s. 60, c. 21, s. 57; 1997, c. 25, s. 32; 1998, c. 19, s. 139; 1999, c. 26, s. 37; 2000, c. 12, s. 142, c. 14, s. 38; 2001, c. 17, s. 107; 2002, c. 9, s. 38; 2006, c. 4, s. 175; 2007, c. 35, s. 111; 2010, c. 25, s. 23; 2011, c. 24, s. 37; 2013, c. 34, s. 260; 2014, c. 20, s. 17; 2018, c. 12, s. 15
  • 2020, c. 5, s. 2
  • 2022, c. 10, s. 8
  • 2022, c. 13, s. 2
  • 2023, c. 11, s. 3
  • 2026, c. 1, s. 3

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

This section refers to

s. 20s. 40s. 56s. 70s. 79s. 118s. 122.6s. 128s. 149s. 150s. 250

Referred to in

s. 117.1s. 152s. 160.1s. 163s. 164

References are generated from the statutory text and list other sections of the Act only.

Citation

Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), s. 122.5.