I-3 - Taxation Act

Section 752.0.10.0.3 Disposition versions

2019-06-19

752.0.10.0.3. An individual who on the last day of a taxation year or, if the individual dies in the year, on the date of the individual’s death is resident in Québec and is 60 years of age or over may, subject to the fourth paragraph, deduct from the individual’s tax otherwise payable for the year under this Part an amount determined by the formula

(A × B) – (0.05 × C).

In the formula in the first paragraph,

(a)  A is the percentage specified in paragraph a of section 750 that is applicable for the year;

(b)  B is the amount determined under the third paragraph; and

(c)  C is the amount by which the individual’s eligible work income for the year exceeds the reduction threshold applicable for the year.

The amount to which subparagraph b of the second paragraph refers is

(a)  where the individual is 66 years of age or over at the end of the year or, if the individual dies in the year, on the date of the individual’s death, the lesser of $11,000 and the amount by which the individual’s eligible work income for the year that is attributable to the year exceeds $5,000;

(b)  where the individual is 65 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death, the lesser of $11,000 and the aggregate of

i.  the lesser of $10,000 and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds $5,000, and

ii.  the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 65 years of age exceeds the amount by which $5,000 exceeds the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age;

(c)  where the individual is 61 to 64 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death, the lesser of $10,000 and the amount by which the individual’s eligible work income for the year that is attributable to the year exceeds $5,000; or

(d)  where the individual is 60 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death, the lesser of $10,000 and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 60 years of age exceeds $5,000.

The amount that an individual born before 1 January 1951 may deduct under this section from the individual’s tax otherwise payable under this Part for a particular taxation year cannot be less than the amount the individual could so deduct for the particular year if subparagraphs b and c of the second paragraph were read as follows:

“(b) B is the lesser of $4,000 and the amount by which the individual’s eligible work income for the particular year that is attributable to the year exceeds $5,000; and

“(c) C is an amount equal to zero.

2011, c. 34, s. 36; 2015, c. 36, s. 44; 2017, c. 29, s. 131; 2019, c. 14, s. 220.

2017-12-07

752.0.10.0.3. An individual who on the last day of a taxation year or, if the individual dies in the year, on the date of the individual’s death is resident in Québec and is 62 years of age or over may, subject to the fourth paragraph, deduct from the individual’s tax otherwise payable for the year under this Part an amount determined by the formula

[A × B × (1 - C)] - (0.05 × D).

In the formula in the first paragraph,

(a)  A is the percentage specified in paragraph a of section 750 that is applicable for the year;

(b)  B is

i.  for a taxation year preceding the taxation year 2016, the lesser of the excess work income limit applicable for the year and the amount by which the individual’s eligible work income for the year attributable to a period when the individual is 65 years of age or over exceeds $5,000, or

ii.  for a taxation year following the taxation year 2015, the amount determined under the third paragraph;

(c)  C is

i.  for a taxation year preceding the taxation year 2017, the percentage specified in the first paragraph of section 358.0.3 that is applicable for the year, or

ii.  for a taxation year following the taxation year 2016, zero; and

(d)  D is

i.  for a taxation year preceding the taxation year 2016, zero, or

ii.  for a taxation year following the taxation year 2015, the amount by which the individual’s eligible work income for the year exceeds the reduction threshold applicable for the year.

The amount to which subparagraph ii of subparagraph b of the second paragraph refers is

(a)  where the individual is 66 years of age or over at the end of the year or, if the individual dies in the year, on the date of the individual’s death, the lesser of the excess work income limit applicable for the year and the amount by which the individual’s eligible work income for the year attributable to a period in the year when the individual is 65 years of age or over exceeds $5,000;

(b)  where the individual is 65 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death, the lesser of the excess work income limit applicable for the year and the aggregate of

i.  the lesser of the excess work income limit of a 64-year-old worker applicable for the year and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds $5,000, and

ii.  the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 65 years of age exceeds the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds $5,000;

(c)  where the individual is 64 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death,

i.  for the taxation year 2016, the lesser of the excess work income limit of a 64-year-old worker applicable for the year and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds $5,000, or

ii.  for a taxation year following the taxation year 2016, the lesser of the excess work income limit of a 64-year-old worker applicable for the year and the aggregate of

(1)  the lesser of the excess work income limit of a 63-year-old worker applicable for the year and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 63 years of age exceeds $5,000, and

(2)  the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 63 years of age exceeds $5,000; or

(d)  where the individual is 63 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death,

i.  for the taxation year 2016, zero,

ii.  for the taxation year 2017, the lesser of the excess work income limit of a 63-year-old worker applicable for the year and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 63 years of age exceeds $5,000, or

iii.  for a taxation year following the taxation year 2017, the lesser of the excess work income limit of a 63-year-old worker applicable for the year and the aggregate of

(1)  the lesser of $4,000 and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 62 years of age exceeds $5,000, and

(2)  the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 63 years of age exceeds the amount by which $5,000 exceeds the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 62 years of age; or

(e)  where the individual is 62 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death,

i.  for a taxation year preceding the taxation year 2018, zero, or

ii.  for a taxation year following the taxation year 2017, the lesser of $4,000 and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 62 years of age exceeds $5,000.

The amount that an individual born before 1 January 1951 may deduct under this section from the individual’s tax otherwise payable under this Part for a particular taxation year following the taxation year 2015 cannot be less than the amount the individual could so deduct for the particular year if subparagraphs b and d of the second paragraph were read as follows:

“(b) B is the lesser of the excess work income limit applicable for the taxation year 2015 and the amount by which the individual’s eligible work income for the particular year attributable to a period in the year when the individual is 65 years of age or over exceeds $5,000;”;

“(d) D is an amount equal to zero.”

2011, c. 34, s. 36; 2015, c. 36, s. 44; 2017, c. 29, s. 131.

2015-12-04

752.0.10.0.3. An individual who on the last day of a taxation year or, if the individual dies in the year, on the date of the individual’s death is resident in Québec and is 63 years of age or over may, subject to the fourth paragraph, deduct from the individual’s tax otherwise payable for the year under this Part an amount determined by the formula

[A × B × (1 - C)] - (0.05 × D).

In the formula in the first paragraph,

(a)  A is the percentage specified in paragraph a of section 750 that is applicable for the year;

(b)  B is

i.  for a taxation year preceding the taxation year 2016, the lesser of the excess work income limit applicable for the year and the amount by which the individual’s eligible work income for the year attributable to a period when the individual is 65 years of age or over exceeds $5,000, or

ii.  for a taxation year following the taxation year 2015, the amount determined under the third paragraph;

(c)  C is the percentage specified in the first paragraph of section 358.0.3 that is applicable for the year; and

(d)  D is

i.  for a taxation year preceding the taxation year 2016, zero, or

ii.  for a taxation year following the taxation year 2015, the amount by which the individual’s eligible work income for the year exceeds the reduction threshold applicable for the year.

The amount to which subparagraph ii of subparagraph b of the second paragraph refers is

(a)  where the individual is 66 years of age or over at the end of the year or, if the individual dies in the year, on the date of the individual’s death, the lesser of the excess work income limit applicable for the year and the amount by which the individual’s eligible work income for the year attributable to a period in the year when the individual is 65 years of age or over exceeds $5,000;

(b)  where the individual is 65 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death, the lesser of the excess work income limit applicable for the year and the aggregate of

i.  the lesser of the excess work income limit of a 64-year-old worker applicable for the year and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds $5,000, and

ii.  the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 65 years of age exceeds the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds $5,000;

(c)  where the individual is 64 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death,

i.  for the taxation year 2016, the lesser of the excess work income limit of a 64-year-old worker applicable for the year and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds $5,000, or

ii.  for a taxation year following the taxation year 2016, the lesser of the excess work income limit of a 64-year-old worker applicable for the year and the aggregate of

(1)  the lesser of the excess work income limit of a 63-year-old worker applicable for the year and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 63 years of age exceeds $5,000, and

(2)  the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 64 years of age exceeds the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 63 years of age exceeds $5,000; or

(d)  where the individual is 63 years of age at the end of the year or, if the individual dies in the year, on the date of the individual’s death,

i.  for the taxation year 2016, zero, or

ii.  for a taxation year following the taxation year 2016, the lesser of the excess work income limit of a 63-year-old worker applicable for the year and the amount by which the individual’s eligible work income for the year that is attributable to the period in the year throughout which the individual is 63 years of age exceeds $5,000.

The amount that an individual born before 1 January 1951 may deduct under this section from the individual’s tax otherwise payable under this Part for a particular taxation year following the taxation year 2015 cannot be less than the amount the individual could so deduct for the particular year if subparagraphs b and d of the second paragraph were read as follows:

“(b) B is the lesser of the excess work income limit applicable for the taxation year 2015 and the amount by which the individual’s eligible work income for the particular year attributable to a period in the year when the individual is 65 years of age or over exceeds $5,000;”;

“(d) D is an amount equal to zero.”

2011, c. 34, s. 36; 2015, c. 36, s. 44.

2012-01-01

752.0.10.0.3. An individual who, on the last day of a taxation year or, if the individual dies in the year, on the date of the individual’s death, is resident in Québec and has reached 65 years of age may deduct from the individual’s tax otherwise payable for the year under this Part an amount determined by the formula

A × B × (1 - C).

In the formula in the first paragraph,

(a)  A is the percentage specified in paragraph a of section 750 that is applicable for the year;

(b)  B is the lesser of the excess work income limit applicable for the year and the amount by which the individual’s eligible work income for the year exceeds $5,000; and

(c)  C is the percentage specified in the first paragraph of section 358.0.3 that is applicable for the year.

2011, c. 34, s. 36.