I-3 - Taxation Act

Section 339 Disposition versions

2023-09-26

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount that is deductible under Title IV or IV.4 of Book VII or section 965.0.16.1 in computing the taxpayer’s income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(f.1)  the amount allowed as a deduction for the year in computing the taxpayer’s income for the purposes of the Income Tax Act under paragraph m of section 60 of that Act as payments to a registered disability savings plan;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  (paragraph repealed);

(i.1)  the amount by which the amount equal to the product obtained by multiplying the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011) by the proportion that the premium rate referred to in subparagraph 1 of the first paragraph of section 6 of that Act is of the premium rate referred to in subparagraph 3 of that paragraph, is exceeded by the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under that Act, other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10 and 737.22.0.10; and

(j)  subject to section 339.0.1, the aggregate of

i.  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year on account of the base contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act,

ii.  the aggregate of all amounts each of which is an amount payable by the taxpayer for the year on account of the first or second additional contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act, and

iii.  the aggregate of all amounts each of which is an amount payable by the taxpayer for the year on account of the employee’s first or second additional contribution under the Act respecting the Québec Pension Plan or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72; 2009, c. 5, s. 122; 2010, c. 25, s. 29; 2011, c. 6, s. 129; 2013, c. 10, s. 26; 2019, c. 14, s. 121; 2022, c. 23, s. 35; 2023, c. 19, s. 25.

2022-06-08

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount deductible under Title IV of Book VII or section 965.0.16.1 in computing his income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(f.1)  the amount allowed as a deduction for the year in computing the taxpayer’s income for the purposes of the Income Tax Act under paragraph m of section 60 of that Act as payments to a registered disability savings plan;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  (paragraph repealed);

(i.1)  the amount by which the amount equal to the product obtained by multiplying the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011) by the proportion that the premium rate referred to in subparagraph 1 of the first paragraph of section 6 of that Act is of the premium rate referred to in subparagraph 3 of that paragraph, is exceeded by the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under that Act, other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10 and 737.22.0.10; and

(j)  subject to section 339.0.1, the aggregate of

i.  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year on account of the base contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act,

ii.  the aggregate of all amounts each of which is an amount payable by the taxpayer for the year on account of the first or second additional contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act, and

iii.  the aggregate of all amounts each of which is an amount payable by the taxpayer for the year on account of the employee’s first or second additional contribution under the Act respecting the Québec Pension Plan or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72; 2009, c. 5, s. 122; 2010, c. 25, s. 29; 2011, c. 6, s. 129; 2013, c. 10, s. 26; 2019, c. 14, s. 121; 2022, c. 23, s. 35.

2019-06-19

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount deductible under Title IV of Book VII or section 965.0.16.1 in computing his income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(f.1)  the amount allowed as a deduction for the year in computing the taxpayer’s income for the purposes of the Income Tax Act under paragraph m of section 60 of that Act as payments to a registered disability savings plan;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  (paragraph repealed);

(i.1)  the amount by which the amount equal to the product obtained by multiplying the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011) by the proportion that the premium rate referred to in subparagraph 1 of the first paragraph of section 6 of that Act is of the premium rate referred to in subparagraph 3 of that paragraph, is exceeded by the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under that Act, other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10; and

(j)  subject to section 339.0.1, the aggregate of

i.  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year on account of the base contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act,

ii.  the aggregate of all amounts each of which is an amount payable by the taxpayer for the year on account of the first or second additional contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act, and

iii.  the aggregate of all amounts each of which is an amount payable by the taxpayer for the year on account of the employee’s first or second additional contribution under the Act respecting the Québec Pension Plan or on account of a similar contribution under any similar plan within the meaning of paragraph u of section 1 of that Act.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72; 2009, c. 5, s. 122; 2010, c. 25, s. 29; 2011, c. 6, s. 129; 2013, c. 10, s. 26; 2019, c. 14, s. 121.

2013-06-05

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount deductible under Title IV of Book VII or section 965.0.16.1 in computing his income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(f.1)  the amount allowed as a deduction for the year in computing the taxpayer’s income for the purposes of the Income Tax Act under paragraph m of section 60 of that Act as payments to a registered disability savings plan;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  (paragraph repealed);

(i.1)  the amount by which the amount equal to the product obtained by multiplying the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011) by the proportion that the premium rate referred to in subparagraph 1 of the first paragraph of section 6 of that Act is of the premium rate referred to in subparagraph 3 of that paragraph, is exceeded by the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under that Act, other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10; and

(j)  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year as a contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or under any similar plan within the meaning of paragraph u of section 1 of that Act, other than an amount payable by the taxpayer for the year in relation to a business of the taxpayer, as such a contribution, if all of the taxpayer’s income for the year from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72; 2009, c. 5, s. 122; 2010, c. 25, s. 29; 2011, c. 6, s. 129; 2013, c. 10, s. 26.

2011-06-06

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount deductible under Title IV of Book VII or section 965.0.16.1 in computing his income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(f.1)  the amount allowed as a deduction for the year in computing the taxpayer’s income for the purposes of the Income Tax Act under paragraph m of section 60 of that Act as payments to a registered disability savings plan;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  the amount that, by virtue of paragraph v of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(i.1)  the amount by which the amount equal to the product obtained by multiplying the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011) by the proportion that the premium rate referred to in subparagraph 1 of the first paragraph of section 6 of that Act is of the premium rate referred to in subparagraph 3 of that paragraph, is exceeded by the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under that Act, other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10; and

(j)  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year as a contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or under any similar plan within the meaning of paragraph u of section 1 of that Act, other than an amount payable by the taxpayer for the year in relation to a business of the taxpayer, as such a contribution, if all of the taxpayer’s income for the year from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72; 2009, c. 5, s. 122; 2010, c. 25, s. 29; 2011, c. 6, s. 129.

2010-10-27

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount deductible under Title IV of Book VII or section 965.0.16.1 in computing his income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  the amount that, by virtue of paragraph v of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(i.1)  the amount by which the amount equal to the product obtained by multiplying the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011) by the proportion that the premium rate referred to in subparagraph 1 of the first paragraph of section 6 of that Act is of the premium rate referred to in subparagraph 3 of that paragraph, is exceeded by the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under that Act, other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10; and

(j)  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year as a contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or under any similar plan within the meaning of paragraph u of section 1 of that Act, other than an amount payable by the taxpayer for the year in relation to a business of the taxpayer, as such a contribution, if all of the taxpayer’s income for the year from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72; 2009, c. 5, s. 122; 2010, c. 25, s. 29.

2009-05-15

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount deductible under Title IV of Book VII or section 965.0.16.1 in computing his income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  the amount that, by virtue of paragraph v of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(i.1)  the amount by which the amount equal to the product obtained by multiplying the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011) by the proportion that the premium rate referred to in subparagraph 1 of the first paragraph of section 6 of that Act is of the premium rate referred to in subparagraph 3 of that paragraph, is exceeded by the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under that Act, other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10; and

(j)  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year as a contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or under any similar plan within the meaning of paragraph u of section 1 of that Act, other than

i.  an amount payable by the taxpayer for the year in relation to a business of the taxpayer, as such a contribution, if all of the taxpayer’s income for the year from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10, or

ii.  an amount payable by the taxpayer for the year in relation to a business of the taxpayer, as such a contribution, that may reasonably be attributed to the amount that is deductible in computing the taxpayer’s taxable income for the year under section 737.18.28.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72; 2009, c. 5, s. 122.

2006-03-01

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount deductible under Title IV of Book VII or section 965.0.16.1 in computing his income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  the amount that, by virtue of paragraph v of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(i.1)  the amount by which the amount referred to in subparagraph a.2 of the second paragraph of section 752.0.0.1 is exceeded by the amount payable by the taxpayer for the year as a premium in respect of the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011), other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10;

(j)  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year as a contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or under any similar plan within the meaning of paragraph u of section 1 of that Act, other than

i.  an amount payable by the taxpayer for the year in relation to a business of the taxpayer, as such a contribution, if all of the taxpayer’s income for the year from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10, or

ii.  an amount payable by the taxpayer for the year in relation to a business of the taxpayer, as such a contribution, that may reasonably be attributed to the amount that is deductible in computing the taxpayer’s taxable income for the year under section 737.18.28.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72.