Income Tax Act

Marginal note:Tax payable on non-qualified investment

• 206.1 (1) A tax is payable under this Part for a calendar year in connection with a registered disability savings plan if, in the year,

  • (a) the trust governed by the plan acquires property that is not a qualified investment for the trust; or

  • (b) property held by the trust governed by the plan ceases to be a qualified investment for the trust.

• Marginal note:Amount of tax payable

  (2) The amount of tax payable,

  • (a) in respect of each property described in paragraph (1)(a), is 50% of the fair market value of the property at the time it was acquired by the trust; and

  • (b) in respect of each property described in paragraph (1)(b), is 50% of the fair market value of the property at the time immediately before the time it ceased to be a qualified investment for the trust.

• Marginal note:Liability for tax

  (3) Each person who is a holder of a registered disability savings plan at the time that a tax is imposed under subsection (1) in connection with the plan is jointly and severally, or solidarily, liable to pay the tax.

• Marginal note:Refund of tax on disposition of non-qualified investment

  (4) Where in a calendar year a trust governed by a registered disability savings plan disposes of a property in respect of which a tax is imposed under subsection (1), the person or persons who are liable to pay the tax are entitled to a refund for the year of an amount equal to

  • (a) except where paragraph (b) applies, the lesser of

    • (i) the amount of the tax so imposed, and

    • (ii) the proceeds of disposition of the property; and

  • (b) nil,

    • (i) if it is reasonable to expect that any of those persons knew or ought to have known at the time the property was acquired by the trust that it was not, or would cease to be, a qualified investment for the trust, or

    • (ii) if the property is not disposed of by the trust before the end of the calendar year following the calendar year in which the tax arose, or any later time that the Minister considers reasonable in the circumstances.

• Marginal note:Apportionment of refund

  (5) Where more than one person is entitled to a refund under subsection (4) for a calendar year in respect of the disposition of a property, the total of all amounts so refundable shall not exceed the amount that would be so refundable for the year to any one of those persons in respect of that disposition if that person were the only person entitled to a refund for the year under that subsection in respect of the disposition. If the persons cannot agree as to what portion of the refund each can so claim, the Minister may fix the portions.

• Marginal note:Deemed disposition and reacquisition

  (6) For the purposes of this Act, where at any time property held by a plan trust in respect of which a tax was imposed under subsection (1) subsequently becomes a qualified investment for the trust, the trust is deemed to have disposed of the property at that time for proceeds of disposition equal to its fair market value at that time and to have reacquired it immediately after that time at a cost equal to that fair market value.