I-3 - Taxation Act

Section 726.26 Disposition versions

2022-06-03

726.26. An individual who in a taxation year is an artist within the meaning of the Act respecting the professional status of artists in the visual arts, film, the recording arts, literature, arts and crafts and the performing arts (chapter S-32.1), may deduct, in computing his taxable income for the taxation year, the lesser of

(a)  his copyright income for the year; and

(b)  the amount by which $15,000 exceeds an amount equal to one-half of the amount by which the individual’s copyright income for the year exceeds $30,000.

In the first paragraph, an individual’s copyright income for a taxation year is equal to the amount by which the aggregate of the amounts included in computing the individual’s income for the year from rights described in the third paragraph of which the individual is the first owner, exceeds the aggregate of the amounts deducted in computing the individual’s income for the year and that may reasonably be considered as relating to expenses incurred to collect the amounts from those rights described in the third paragraph.

The rights to which the second paragraph refers are the following:

(a)  copyrights and public lending rights paid under a program administered by the Public Lending Right Commission under the authority of the Canada Council for the Arts, in respect of a work of which the individual is the creator;

(b)  copyrights including an exclusive right in respect of a performance of the individual as a performing artist;

(c)  the right to be paid equitable remuneration conferred on the individual by the Copyright Act (Revised Statutes of Canada, 1985, chapter C-42) for the performance in public or the communication to the public by telecommunication of the sound recording of a performance of the individual as a performing artist; and

(d)  the right to receive remuneration for the reproduction for private use of sound recordings conferred on the individual by the Copyright Act.

1995, c. 63, s. 53; 2002, c. 9, s. 11; 2004, c. 21, s. 127; 2005, c. 23, s. 77; 2022, c. 20, s. 37.

2006-03-01

726.26. An individual who in a taxation year is a professional artist within the meaning of the Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters (chapter S-32.01), or an artist within the meaning of the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1), may deduct, in computing his taxable income for the taxation year, the lesser of

(a)  his copyright income for the year; and

(b)  the amount by which $15,000 exceeds an amount equal to one-half of the amount by which the individual’s copyright income for the year exceeds $30,000.

In the first paragraph, an individual’s copyright income for a taxation year is equal to the amount by which the aggregate of the amounts included in computing the individual’s income for the year from rights described in the third paragraph of which the individual is the first owner, exceeds the aggregate of the amounts deducted in computing the individual’s income for the year and that may reasonably be considered as relating to expenses incurred to collect the amounts from those rights described in the third paragraph.

The rights to which the second paragraph refers are the following:

(a)  copyrights and public lending rights paid under a program administered by the Public Lending Right Commission under the authority of the Canada Council for the Arts, in respect of a work of which the individual is the creator;

(b)  copyrights including an exclusive right in respect of a performance of the individual as a performing artist;

(c)  the right to be paid equitable remuneration conferred on the individual by the Copyright Act (Revised Statutes of Canada, 1985, chapter C-42) for the performance in public or the communication to the public by telecommunication of the sound recording of a performance of the individual as a performing artist; and

(d)  the right to receive remuneration for the reproduction for private use of sound recordings conferred on the individual by the Copyright Act.

1995, c. 63, s. 53; 2002, c. 9, s. 11; 2004, c. 21, s. 127; 2005, c. 23, s. 77.