I-3 - Taxation Act

Section 62 Disposition versions

2006-03-01

62. (1)  An individual whose office or employment is connected with the selling of property or negotiating of contracts for the individual’s employer may, in accordance with this division, deduct the amounts expended by the individual in the year to earn the income from the office or employment, if the individual is required, under the contract of employment, to pay the individual’s own expenses, if the individual is required to carry on all or part of the duties of the office or employment away from the employer’s place of business, and if the individual is remunerated in whole or in part by commissions or other similar amounts fixed by reference to the volume of the sales made or the contracts negotiated.

(2)  An individual shall not claim a deduction under this section if the individual receives an allowance for travel expenses that is not required to be included in computing the individual’s income under paragraph a of section 40.

(3)  The deduction under this section must not exceed the sum of the commissions and other similar amounts, fixed by reference to the volume of the sales made or the contracts negotiated, that the individual receives in the year, and shall only be made to the extent to which the amounts expended are not

(a)  outlays, losses or replacements of capital or payments on account of capital, except amounts described in section 64,

(b)  outlays or expenses that, under section 134, would not be deductible in computing the individual’s income for the year if the office or employment were a business carried on by the individual, or

(c)  amounts the payment of which reduced the amount that would otherwise be included in computing the individual’s income for the year under section 41.

1972, c. 23, s. 56; 1977, c. 26, s. 4; 1983, c. 49, s. 11; 1993, c. 16, s. 34; 1997, c. 85, s. 46.