Income Tax Act

Marginal note:Definitions

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

  eligible pension income

  revenu de pension déterminé

  eligible pension income has the same meaning as in subsection 118(7). (revenu de pension déterminé)

  joint election

  choix conjoint

  joint election in respect of a pensioner and a pension transferee for a taxation year means an election made jointly in prescribed form by the pensioner and the pension transferee and filed with the Minister with both the pensioner’s and the pension transferee’s returns of income for the taxation year in respect of which the election is made, on or before their respective filing-due dates for the taxation year. (choix conjoint)

  pensioner

  pensionné

  pensioner for a taxation year means an individual who

  • (a) receives eligible pension income in the taxation year; and

  • (b) is resident in Canada,

    • (i) if the individual dies in the taxation year, at the time that is immediately before the individual’s death, or

    • (ii) in any other case, at the end of the calendar year in which the taxation year ends. (pensionné)

  pension income

  revenu de pension

  pension income has the meaning assigned by section 118. (revenu de pension)

  pension transferee

  cessionnaire

  pension transferee for a taxation year means an individual who

  • (a) is resident in Canada,

    • (i) if the individual dies in the taxation year, at the time that is immediately before the individual’s death, or

    • (ii) in any other case, at the end of the calendar year in which the taxation year ends; and

  • (b) at any time in the taxation year is married to, or in a common-law partnership with, a pensioner and is not, by reason of the breakdown of their marriage or common-law partnership, living separate and apart from the pensioner at the end of the taxation year and for a period of at least 90 days commencing in the taxation year. (cessionnaire)

  qualified pension income

  revenu de pension admissible

  qualified pension income has the meaning assigned by section 118. (revenu de pension admissible)

  split-pension amount

  montant de pension fractionné

  split-pension amount for a taxation year is the amount elected by a pensioner and a pension transferee in a joint election for the taxation year not exceeding the amount determined by the formula

  0.5A × B/C

  where

  A

  is the eligible pension income of the pensioner for the taxation year;

  B

  is the number of months in the pensioner’s taxation year at any time during which the pensioner was married to, or was in a common-law partnership with, the pension transferee; and

  C

  is the number of months in the pensioner’s taxation year.

• Marginal note:Effect of pension income split

  (2) For the purpose of subsection 118(3), if a pensioner and a pension transferee have made a joint election in a taxation year,

  • (a) the pensioner is deemed not to have received the portion of the pensioner’s pension income or qualified pension income, as the case may be, for the taxation year that is equal to the amount of the pensioner’s split-pension amount for that taxation year; and

  • (b) the pension transferee is deemed to have received the split-pension amount

    • (i) as pension income, to the extent that the split-pension amount was pension income to the pensioner, and

    • (ii) as qualified pension income, to the extent that the split-pension amount was qualified pension income to the pensioner.

• Marginal note:Limitation

  (3) A pensioner may file only one joint election for a particular taxation year.

• Marginal note:False declaration

  (4) A joint election is invalid if the Minister establishes that a pensioner or a pension transferee has knowingly or under circumstances amounting to gross negligence made a false declaration in the joint election.