I-3 - Taxation Act

Section 1029.8.61.5.3 Disposition versions

2024-05-07

1029.8.61.5.3. Where a fiscal return is filed under section 1000 for a taxation year by an eligible individual for the year, where no amount that is, under section 1029.8.61.2.5, an eligible expense made by the eligible individual in the year is included by the individual in the aggregate described in subparagraph b of the second paragraph of section 1029.8.61.5 for the year and where the Minister holds information allowing the Minister to conclude that the eligible individual could have included such an amount in that aggregate, the following rules apply:

(a)  that aggregate is deemed to include the total of all amounts each of which is the amount that would have been determined, under section 1029.8.61.2.5, as an eligible expense made by the eligible individual in the year if the greater of the amounts to which the first paragraph of section 1029.8.61.2.5 refers had been the amount of $600 specified in subparagraph a of that paragraph or the amount that replaces it in accordance with the second paragraph of that section, if applicable; and

(b)  section 1029.8.61.5 is, in respect of an eligible expense the amount of which is included in that aggregate because of the application of paragraph a, to be read without reference to “the prescribed form containing prescribed information and” in the portion of its fifth paragraph before subparagraph a and without reference to subparagraph a of that fifth paragraph.

2021, c. 36, s. 129; 2024, c. 11, s. 121.

2022-01-01

1029.8.61.5.3. Where a fiscal return is filed under section 1000 for a taxation year by an eligible individual for the year, where no amount that is, under section 1029.8.61.2.5, an eligible expense made by the eligible individual in the year is included by the individual in the aggregate described in subparagraph b of the second paragraph of section 1029.8.61.5 for the year and where the Minister holds information allowing the Minister to conclude that the eligible individual could have included such an amount in that aggregate, the following rules apply:

(a)  that aggregate is deemed to include the total of all amounts each of which is the amount that would have been determined, under section 1029.8.61.2.5, as an eligible expense made by the eligible individual in the year if the greater of the amounts to which the first paragraph of section 1029.8.61.2.5 refers had been the amount of $600 specified in subparagraph a of that paragraph or the amount that replaces it in accordance with the second paragraph of that section, if applicable; and

(b)  section 1029.8.61.5 is to be read, in respect of an eligible expense the amount of which is included in that aggregate because of the application of paragraph a, without reference to subparagraph a of its fifth paragraph.

2021, c. 36, s. 129.