I-3 - Taxation Act

Section 1029.8.116.30 Disposition versions

2021-06-02

1029.8.116.30. If an amount is refunded to an individual, or allocated to one of the individual’s liabilities, in respect of an amount that, for a particular payment period, is deemed under section 1029.8.116.16 to be an overpayment of the individual’s tax payable, interest is to be paid to the individual on the amount for the period ending on the day the overpayment is refunded or allocated and beginning on the day that is the latest of

(a)  the sixth day of the payment month to which that amount relates;

(b)  the 46th day following the day on which the application referred to in the first paragraph of section 1029.8.116.16 has been filed with the Minister for the payment period;

(b.1)  in the case provided for in the first paragraph of section 1029.8.116.29.1, the 46th day following the day the individual consented or again consented to have payments be made by direct deposit;

(c)  (subparagraph repealed);

(d)  in the case of an additional amount determined for the payment period following a written application to amend a fiscal return filed under this Part for the base year relating to that period, the 46th day following the day on which the Minister received the application; and

(e)  in the case of an additional amount determined for the payment period following the amendment of a return of income filed under Part I of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) for the base year relating to that period or of an income statement filed by means of the prescribed form for that base year, the 46th day following the day on which the amendment has been brought to the attention of the Minister.

Similarly, if an amount is, in accordance with section 1029.8.116.26.2, refunded to a person who is the cohabiting spouse of an eligible individual at the end of the base year relating to a particular payment period or to a particular month preceding 1 July 2016, or allocated to one of the individual’s liabilities, in respect of an amount that, for that payment period or for the particular month, as the case may be, is deemed under section 1029.8.116.16 to be an overpayment of the individual’s tax payable for the taxation year to which it relates, interest is to be paid to the person on the amount for the period ending on the day the overpayment is refunded or allocated and beginning on the day that is the later of

(a)  the sixth day of the payment month, determined in respect of the individual, or of the particular month, to which the amount relates;

(b)  if the amount is an amount that the individual is no longer entitled to receive because of the application of the second paragraph of section 1029.8.116.26.1, the 46th day following the day on which the Minister received, in accordance with the first paragraph of section 1029.8.116.26.2, the person’s application for the payment of the amount;

(b.1)  if the amount is an amount that the individual is no longer entitled to receive because of the application of the first paragraph of section 1029.8.116.26.1 as a consequence of the individual’s death, the 46th day following the day on which the Minister was informed of the death or, if it is earlier, the 46th day following the day on which the Minister received the person’s application under the first paragraph of section 1029.8.116.26.2 for the payment of the amount, even though the person is not required to make such an application;

(c)  in the case provided for in the first paragraph of section 1029.8.116.29.1, the 46th day following the day the person consented or again consented to have payments be made by direct deposit; and

(d)  in the case of an additional amount that would be referred to in subparagraph d or e of the first paragraph but for section 1029.8.116.26.1, the 46th day following the day to which that subparagraph refers in relation to that additional amount.

However, the Minister is not bound to pay the total of the amounts of interest determined, for a particular payment period, under the first paragraph in respect of an individual or under the second paragraph in respect of a person, if the amount is less than $1.

The rule of the third paragraph applies to the total of the amounts of interest determined in respect of a person under the second paragraph for the first six months of the year 2016 and, for that purpose, the aggregate of those months is deemed to be a payment period.

2011, c. 1, s. 89; 2015, c. 36, s. 141; 2017, c. 1, s. 333; 2021, c. 14, s. 162.

2017-02-08

1029.8.116.30. If an amount is refunded to an individual, or allocated to one of the individual’s liabilities, in respect of an amount that, for a particular payment period, is deemed under section 1029.8.116.16 to be an overpayment of the individual’s tax payable, interest is to be paid to the individual on the amount for the period ending on the day the overpayment is refunded or allocated and beginning on the day that is the latest of

(a)  the sixth day of the payment month to which that amount relates;

(b)  the 46th day following the day on which the application referred to in the first paragraph of section 1029.8.116.16 has been filed with the Minister for the payment period;

(b.1)  in the case provided for in the first paragraph of section 1029.8.116.29.1, the 46th day following the day the individual consented or again consented to have payments be made by direct deposit;

(c)  (subparagraph repealed);

(d)  in the case of an additional amount determined for the payment period following a written application to amend a fiscal return filed under this Part for the base year relating to that period, the 46th day following the day on which the Minister received the application; and

(e)  in the case of an additional amount determined for the payment period following the amendment of a return of income filed under Part I of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) for the base year relating to that period or of an income statement filed by means of the prescribed form for that base year, the 46th day following the day on which the amendment has been brought to the attention of the Minister.

Similarly, if an amount is, in accordance with section 1029.8.116.26.2, refunded to a person who is the cohabiting spouse of an eligible individual at the end of the base year relating to a particular payment period or to a particular month preceding 1 July 2016, or allocated to one of the individual’s liabilities, in respect of an amount that, for that payment period or for the particular month, as the case may be, is deemed under section 1029.8.116.16 to be an overpayment of the individual’s tax payable for the taxation year to which it relates, interest is to be paid to the person on the amount for the period ending on the day the overpayment is refunded or allocated and beginning on the day that is the later of

(a)  the sixth day of the payment month, determined in respect of the individual, or of the particular month, to which the amount relates;

(b)  the 46th day following the day on which the Minister received, in accordance with the first paragraph of section 1029.8.116.26.2, the person’s application for the payment of the amount;

(c)  in the case provided for in the first paragraph of section 1029.8.116.29.1, the 46th day following the day the person consented or again consented to have payments be made by direct deposit; and

(d)  in the case of an additional amount that would be referred to in subparagraph d or e of the first paragraph but for section 1029.8.116.26.1, the 46th day following the day to which that subparagraph refers in relation to that additional amount.

However, the Minister is not bound to pay the total of the amounts of interest determined, for a particular payment period, under the first paragraph in respect of an individual or under the second paragraph in respect of a person, if the amount is less than $1.

The rule of the third paragraph applies to the total of the amounts of interest determined in respect of a person under the second paragraph for the first six months of the year 2016 and, for that purpose, the aggregate of those months is deemed to be a payment period.

2011, c. 1, s. 89; 2015, c. 36, s. 141; 2017, c. 1, s. 333.

2015-12-04

1029.8.116.30. If an amount is refunded to an individual, or allocated to one of the individual’s liabilities, in respect of an amount that, for a particular payment period, is deemed under section 1029.8.116.16 to be an overpayment of the individual’s tax payable, interest is to be paid to the individual on the amount for the period ending on the day the overpayment is refunded or allocated and beginning on the day that is the latest of

(a)  the sixth day of the payment month to which that amount relates;

(b)  the 46th day following the day on which the individual’s fiscal return is to be filed under this Part for the base year relating to the payment period;

(c)  (subparagraph repealed);

(d)  in the case of an additional amount determined for the payment period following a written application to amend a fiscal return filed under this Part for the base year relating to that period, the 46th day following the day on which the Minister received the application; and

(e)  in the case of an additional amount determined for the payment period following the amendment of a return of income filed under Part I of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) for the base year relating to that period or of an income statement filed by means of the prescribed form for that base year, the 46th day following the day on which the amendment has been brought to the attention of the Minister.

Similarly, if an amount is, in accordance with section 1029.8.116.26.2, refunded to a person who is the cohabiting spouse of an eligible individual at the end of the base year relating to a particular payment period or to a particular month preceding 1 July 2016, or allocated to one of the individual’s liabilities, in respect of an amount that, for that payment period or for the particular month, as the case may be, is deemed under section 1029.8.116.16 to be an overpayment of the individual’s tax payable for the taxation year to which it relates, interest is to be paid to the person on the amount for the period ending on the day the overpayment is refunded or allocated and beginning on the day that is the later of

(a)  the sixth day of the payment month, determined in respect of the individual, or of the particular month, to which the amount relates; and

(b)  the 46th day following the day on which the Minister received, in accordance with the first paragraph of section 1029.8.116.26.2, the person’s application for the payment of the amount.

However, the Minister is not bound to pay the total of the amounts of interest determined, for a particular payment period, under the first paragraph in respect of an individual or under the second paragraph in respect of a person, if the amount is less than $1.

The rule of the third paragraph applies to the total of the amounts of interest determined in respect of a person under the second paragraph for the first six months of the year 2016 and, for that purpose, the aggregate of those months is deemed to be a payment period.

2011, c. 1, s. 89; 2015, c. 36, s. 141.

2011-02-17

1029.8.116.30. If an amount is refunded to an individual, or allocated to another of the individual’s liabilities, in respect of an amount that, for a particular month, is deemed under section 1029.8.116.16 to be an overpayment of the individual’s tax payable for a taxation year, interest is to be paid to the individual on the amount for the period ending on the day the overpayment is refunded or allocated and beginning on the day that is the latest of

(a)  the sixth day of the particular month;

(b)  the 46th day following the day on which the application referred to in the first paragraph of section 1029.8.116.16 has been filed with the Minister for the 12-month period that begins on 1 July of a calendar year and that includes the particular month;

(c)  in the case of an additional amount determined for the particular month following a change in circumstances, the 46th day following the day on which the Minister has been notified of the change;

(d)  in the case of an additional amount determined for the particular month following a written application to amend the fiscal return filed under this Part for the base year relating to the particular month, the 46th day following the day on which the Minister received the application; and

(e)  in the case of an additional amount determined for the particular month following an amendment of the return of income filed under Part I of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) for the base year relating to the particular month or of the income statement filed by means of the prescribed form for that base year, the 46th day following the day on which the amendment has been brought to the attention of the Minister.

However, if the total of the amounts of interest determined under the first paragraph in respect of an individual for any month included in a 12-month period that begins on 1 July of a calendar year is less than $1, the Minister is not bound to pay that amount to the individual.

2011, c. 1, s. 89.