I-3 - Taxation Act

Section 890.6.1 Disposition versions

2010-04-20

890.6.1. For the purposes of section 890.6, “resident’s contribution” means such part of a contribution made under a plan or arrangement, in this section referred to as the “plan”, at a time when the plan would, but for subparagraph l of the second paragraph of section 890.1, be a retirement compensation arrangement as

(a)  is not a contribution referred to in paragraph 4, 5 or 6 of section 6804 of the Income Tax Regulations made under the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)); and

(b)  can reasonably be considered to have been made in respect of services rendered by an individual to an employer in a period

i.  throughout which the individual was resident in Canada and rendered services to the employer that were primarily services rendered in Canada or services rendered in connection with a business carried on by the employer in Canada, or a combination of such services, and

ii.  at the beginning of which the individual had been resident in Canada throughout at least 60 of the 72 preceding calendar months, where the individual was not resident in Canada at any time before the period and became a member of the plan before the end of the month after the month in which the individual became resident in Canada.

For the purposes of subparagraph b of the first paragraph, where benefits provided to an individual under a particular plan or arrangement are replaced by benefits under another plan or arrangement, the other plan or arrangement is deemed, in respect of the individual, to be the same plan or arrangement as the particular plan or arrangement.

1995, c. 49, s. 196; 2001, c. 7, s. 135; 2010, c. 5, s. 83.

2006-03-01

890.6.1. For the purposes of section 890.6, “resident’s contribution” means such part of a contribution made under a plan or arrangement, in this section referred to as the “plan”, at a time when the plan would, but for subparagraph l of the second paragraph of section 890.1, be a retirement compensation arrangement as

(a)  is not a contribution referred to in paragraph 4, 5 or 6 of section 6804 of regulations made under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement); and

(b)  can reasonably be considered to have been made in respect of services rendered by an individual to an employer in a period

i.  throughout which the individual was resident in Canada and rendered services to the employer that were primarily services rendered in Canada or services rendered in connection with a business carried on by the employer in Canada, or a combination of such services, and

ii.  at the beginning of which the individual had been resident in Canada throughout at least 60 of the 72 preceding calendar months, where the individual was not resident in Canada at any time before the period and became a member of the plan before the end of the month after the month in which the individual became resident in Canada.

For the purposes of subparagraph b of the first paragraph, where benefits provided to an individual under a particular plan or arrangement are replaced by benefits under another plan or arrangement, the other plan or arrangement is deemed, in respect of the individual, to be the same plan or arrangement as the particular plan or arrangement.

1995, c. 49, s. 196; 2001, c. 7, s. 135.