I-3 - Taxation Act

Section 1015.0.4 Disposition versions

2021-06-02

1015.0.4. For the purposes of this Act, an amount (in this section referred to as the “excess amount”) is deemed not to have been deducted or withheld by a person under section 1015 if

(a)  the excess amount was, but for this section, deducted or withheld by the person under section 1015;

(b)  the excess amount is in respect of an excess payment (in this section referred to as the “total excess payment”) of an individual’s salary, wages or other remuneration by the person to the individual in a year, that was paid as a result of an administrative, clerical or system error;

(c)  before the end of the third year after the calendar year in which the excess amount is deducted or withheld,

i.  the person elects, in the manner determined by the Minister, to have this section apply in respect of the excess amount, and

ii.  the individual has repaid, or made an arrangement to repay, the total excess payment less the excess amount;

(d)  an information return correcting for the total excess payment has not been issued by the person to the individual prior to the making of the election in subparagraph i of paragraph c; and

(e)  any additional conditions determined by the Minister have been met.

2021, c. 14, s. 120.