Tax wiki
s. 122.51
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 2017-12-14
Current text
The definitions in this subsection apply in this section.
adjusted income of an individual for a taxation year has the meaning assigned by section 122.6. (revenu modifié)
eligible individual for a taxation year means an individual (other than a trust)
who is resident in Canada throughout the year (or, if the individual dies in the year, throughout the portion of the year before the individual’s death);
who, before the end of the year, has attained the age of 18 years; and
the total of whose incomes for the year from the following sources is at least $2,500:
offices and employments (computed without reference to paragraph 6(1)(f)),
businesses each of which is a business carried on by the individual either alone or as a partner actively engaged in the business, and
the program established under the Wage Earner Protection Program Act. (particulier admissible)
Deemed payment on account of tax
(2)Where a return of income (other than a return of income filed under subsection 70(2), paragraph 104(23)(d) or 128(2)(e) or subsection 150(4)) is filed in respect of an eligible individual for a particular taxation year that ends at the end of a calendar year, there is deemed to be paid at the end of the particular year on account of the individual’s tax payable under this Part for the particular year the amount determined by the formula
A - B
where
is the lesser of
$1000, and
the total of
the amount determined by the formula
(0.25/C) × D
where
is the appropriate percentage for the particular taxation year, and
is the total of all amounts each of which is the amount determined by the formula in subsection 118.2(1) for the purpose of computing the individual’s tax payable under this Part for a taxation year that ends in the calendar year, and
25% of the total of all amounts each of which is the amount deductible under section 64 in computing the individual’s income for a taxation year that ends in the calendar year; and
is 5% of the amount, if any, by which
the total of all amounts each of which is the individual’s adjusted income for a taxation year that ends in the calendar year
exceeds
$21,663.
Source: Justice Laws Website. Not an official version.
Historic text
Immediately preceding version, in force from 2009-03-12 to 2017-12-13:
Show the text in force 2009-03-12 to 2017-12-13
Definitions
122.51 (1) The definitions in this subsection apply in this section.
adjusted income
revenu modifié
adjusted income of an individual for a taxation year has the meaning assigned by section 122.6. (revenu modifié)
eligible individual
particulier admissible
eligible individual for a taxation year means an individual (other than a trust)
(a) who is resident in Canada throughout the year (or, if the individual dies in the year, throughout the portion of the year before the individual’s death);
(b) who, before the end of the year, has attained the age of 18 years; and
(c) the total of whose incomes for the year from the following sources is at least $2,500:
(i) offices and employments (computed without reference to paragraph 6(1)(f)),
(ii) businesses each of which is a business carried on by the individual either alone or as a partner actively engaged in the business, and
(iii) the program established under the Wage Earner Protection Program Act. (particulier admissible)
Deemed payment on account of tax
(2) Where a return of income (other than a return of income filed under subsection 70(2), paragraph 104(23)(d) or 128(2)(e) or subsection 150(4)) is filed in respect of an eligible individual for a particular taxation year that ends at the end of a calendar year, there is deemed to be paid at the end of the particular year on account of the individual’s tax payable under this Part for the particular year the amount determined by the formula
A - B
where
Ais the lesser of(a) $1000, and
(b) the total of
(i) the amount determined by the formula
(25/C) × D
where
Cis the appropriate percentage for the particular taxation year, andDis the total of all amounts each of which is the amount determined by the formula in subsection 118.2(1) for the purpose of computing the individual’s tax payable under this Part for a taxation year that ends in the calendar year, and(ii) 25% of the total of all amounts each of which is the amount deductible under section 64 in computing the individual’s income for a taxation year that ends in the calendar year; and
(a) the total of all amounts each of which is the individual’s adjusted income for a taxation year that ends in the calendar year
exceeds
(b) $21,663.
- [NOTE: Application provisions are not included in the consolidated text
- see relevant amending Acts and regulations.]
- 1998, c. 19, s. 32
- 2000, c. 14, s. 39, c. 19, s. 32
- 2001, c. 17, s. 108
- 2005, c. 19, s. 26, c. 30, s. 7
- 2006, c. 4, s. 70
- 2007, c. 2, s. 31
- 2009, c. 2, s. 37
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 122.51 links to the one before it.
Enacting and amending legislation
- 1998, c. 19, s. 32; 2000, c. 14, s. 39, c. 19, s. 32; 2001, c. 17, s. 108; 2005, c. 19, s. 26, c. 30, s. 7; 2006, c. 4, s. 70; 2007, c. 2, s. 31; 2009, c. 2, s. 37; 2017, c. 33, s. 47
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
Citation
Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), s. 122.51.