Income Tax Regulations (C.R.C., c. 945)

Regulations are current to 2012-05-02 and last amended on 2012-01-01. Previous Versions

Lifelong Learning Plan

  •  (1) No amount shall be deducted or withheld from a payment made by a person during the lifetime of an annuitant referred to in paragraph (a) of the definition “annuitant” in subsection 146(1) of the Act out of or under a registered retirement savings plan of the annuitant where, at the time of the payment, the annuitant has certified in prescribed form to the person that

    • (a) at the time of certification, the annuitant or the annuitant’s spouse or common-law partner

      • (i) is a full-time student in a qualifying educational program,

      • (ii) is a part-time student in a qualifying educational program and is entitled to the credit for mental or physical impairment under subsection 118.3(1) of the Act, or

      • (iii) has received notification in writing of his or her entitlement, either absolutely or conditionally, to enrol before March of the year that follows the year of certification as

        • (A) a full-time student in a qualifying educational program, or

        • (B) a part-time student in a qualifying educational program where the annuitant or the annuitant’s spouse or common-law partner is entitled to the credit for mental or physical impairment under subsection 118.3(1) of the Act;

    • (b) the annuitant is resident in Canada;

    • (c) the total amount of the payment and all other such payments received by the annuitant for a year at or before that time does not exceed $10,000; and

    • (d) the total payments received by the annuitant do not exceed $20,000 throughout the period in which the annuitant participates in the Lifelong Learning Plan.

  • (2) For the purpose of subsection (1), a “qualifying educational program” means a qualifying educational program at a designated educational institution (as those expressions are defined in subsection 118.6(1) of the Act), except that a reference to a “qualifying educational program” shall be read

    • (a) without reference to paragraphs (a) and (b) of that definition; and

    • (b) as if the reference to “3 consecutive weeks” in that definition were a reference to “3 consecutive months”.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/99-19, s. 2;
  • SOR/2001-188, s. 14.

Non-Residents

  •  (1) Every person paying to a non-resident person a fee, commission or other amount in respect of services rendered in Canada, of any nature whatever, shall deduct or withhold 15 per cent of such payment.

  • (2) Subsection (1) does not apply to a payment

    • (a) described in the definition “remuneration” in subsection 100(1);

    • (b) made to a registered non-resident insurer (within the meaning assigned by section 804); or

    • (c) made to an authorized foreign bank in respect of its Canadian banking business.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/94-686, s. 49(F);
  • SOR/2009-302, s. 1.