PART I — Income Tax · DIVISION I — Returns, Assessments, Payment and Appeals · Payment of Tax

Agreements providing for tax transfer payments

Not yet annotated · Text current to 2026-06-21 · section last amended 2004-08-31

Current text

The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province to provide for tax transfer payments and the terms and conditions relating to such payments.

Tax transfer payment

(2)

Where, on account of the tax for a taxation year payable by an individual under this Part, an amount has been deducted or withheld under subsection 153(1) on the assumption that the individual was resident in a place other than the province in which the individual resided on the last day of the year, and the individual

(a)

has filed a return of income for the year with the Minister,

(b)

is liable to pay tax under this Part for the year, and

(c)

is resident on the last day of the year in a province with which an agreement described in subsection 154(1) has been entered into,

the Minister may make a tax transfer payment to the government of the province not exceeding an amount equal to the product obtained by multiplying the amount or the total of the amounts so deducted or withheld by a prescribed rate.

Payment deemed received by individual

(3)

Where, pursuant to an agreement entered into under subsection 154(1), an amount has been transferred by the Minister to the government of a province with respect to an individual, the amount shall, for all purposes of this Act, be deemed to have been received by the individual at the time the amount was transferred.

Payment deemed received by Receiver General

(4)

Where, pursuant to an agreement entered into under subsection 154(1), an amount has been transferred by the government of a province to the Minister with respect to an individual, the amount shall, for all purposes of this Act, be deemed to have been received by the Receiver General on account of the individual’s tax under this Part for the year in respect of which the amount was transferred.

Amount not to include refund

(5)

In this section, an amount deducted or withheld does not include any refund made in respect of that amount.

Source: Justice Laws Website. Not an official version.

Historic text

This section has not been amended since the start of the point-in-time record on 31 August 2004.

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 154 links to the one before it.

Enacting and amending legislation

R.S., 1985, c. 1 (5th Supp.), s. 154; 1998, c. 19, s. 183

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. 153

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. 154.