Part I — Income Tax
The core income tax rules for individuals and corporations — residency, income sources, capital gains, deductions, registered plans, corporate tax rates, and anti-avoidance.
Who has to pay Canadian income tax
Tax payable by persons resident in Canada
Section 2 establishes that every person resident in Canada at any time during a tax year must pay income tax on their taxable income.
How your total income is calculated
Income for tax purposes
Section 3 sets out the order of operations for computing a person's income for a year: employment, business, property, then capital gains, t…
Employment income — what counts
Income from employment
Section 5 requires employees to include their salary, wages, and other employment remuneration in income for the year it is received.
Business and investment income
Income from business or property
Section 9 defines income from business or property as profit from that source — revenue minus the expenses incurred to earn it.
What you cannot deduct from business income
General limitations on deductions
Section 18 lists specific expenses that cannot be deducted from business or property income even if they were genuinely incurred — personal…
CCA, interest, and other permitted business deductions
Deductions permitted in computing income from business or property
Section 20 permits specific deductions from business or property income that would otherwise be blocked by s.18's general restrictions — mos…
Capital gains — the 50% inclusion rate explained
Meaning of taxable capital gain and allowable capital loss
Section 38 defines a "taxable capital gain" as one-half of a capital gain, and an "allowable capital loss" as one-half of a capital loss. On…
What counts as a capital gain or loss
Meaning of capital gain and capital loss
Section 39 defines a capital gain as the gain from a disposition of any property other than an excluded property (e.g., depreciable property…
How to calculate your capital gain or loss
General rules for computing gain or loss
Section 40 provides the formula for computing a capital gain or loss: proceeds of disposition minus adjusted cost base minus outlays and exp…
The principal residence exemption
Principal residence — definitions
Section 54 defines a "principal residence" — a housing unit ordinarily inhabited by the taxpayer during the year — which qualifies for the p…
RRSP withdrawals, pensions, and other income sources
Amounts to be included in income for year
Section 56 includes in income various amounts not covered by employment or business income — RRSP withdrawals, pension payments, alimony rec…
RRSP contributions and other personal deductions
Other deductions
Section 60 allows individuals to deduct RRSP contributions, spousal support payments, moving expenses (via s.62 reference), and certain repa…
Dividend gross-up — why dividends look bigger than they are
Dividends received
Section 82 requires you to include a "grossed-up" amount of dividends in your income — more than the cash you received — to reflect the corp…
The Lifetime Capital Gains Exemption (LCGE)
Capital gains exemption
Section 110.6 provides an exemption from tax on up to $1,250,000 (in 2025+) of capital gains on the disposition of qualifying small business…
Carrying forward and back your tax losses
Losses deductible
Section 111 allows unused losses from prior years to be carried back 3 years or forward 20 years and deducted against income in those years.
Federal income tax rates and brackets
Tax payable under this Part (federal rates)
Section 117 sets the federal income tax rate schedule — the brackets and rates applied to taxable income to compute basic federal tax before…
Non-refundable credits — basic personal amount, disability, age, spousal
Personal credits
Section 118 provides non-refundable tax credits for the basic personal amount, spousal/partner amounts, eligible dependants, disability, age…
The dividend tax credit
Deduction for dividends from taxable Canadian corporations
Section 121 provides a federal dividend tax credit that reduces tax on Canadian dividends to account for corporate tax already paid on the i…
The small business deduction — lower tax rate for CCPCs
Small business deduction
Section 125 provides a deduction from corporate tax for Canadian-controlled private corporations (CCPCs) on the first $500,000 of active bus…
RRSP rules — contributions, deductions, and withdrawals
Registered retirement savings plans
Section 146 governs Registered Retirement Savings Plans (RRSPs) — the rules for contributions, deduction limits, investment rules, Home Buye…
TFSA rules — contributions, withdrawals, and over-contributions
Tax-free savings accounts
Section 146.2 governs Tax-Free Savings Accounts (TFSAs) — accounts where investment income grows tax-free and withdrawals are never taxed, s…
FHSA rules — the hybrid RRSP/TFSA for first-time home buyers
First home savings accounts
Section 146.6 governs First Home Savings Accounts (FHSAs), introduced in 2023. Contributions are deductible like an RRSP; qualifying withdra…
Joint liability on transfers to avoid CRA collections
Tax consequences of property transfers
Section 160 makes the recipient of a non-arm's-length transfer jointly liable for the transferor's tax debt — up to the excess of the proper…
CRA penalties — false statements, repeated failures, and gross negligence
Penalties
Section 163 imposes financial penalties for failure to report income, repeated omissions, and false statements or omissions made knowingly o…
How to dispute a CRA assessment
Objections to assessment
Section 165 gives you the right to formally object to a CRA assessment or reassessment within 90 days of the date of the notice, and establi…
Appealing a CRA decision to the Tax Court of Canada
Appeal
Section 169 gives a taxpayer who has filed a notice of objection and is unsatisfied with CRA's decision the right to appeal to the Tax Court…
GAAR — the Income Tax Act's catch-all anti-avoidance rule
General anti-avoidance rule
Section 245 gives CRA the power to recharacterize or deny tax benefits from transactions that are technically compliant with the Act but res…
Transfer pricing — arm's-length pricing for related-party transactions
Transfer pricing
Section 247 requires that transactions between related parties (including a Canadian company and its foreign parent or subsidiary) be priced…
Taxable employment benefits — company car, housing, loans
Amounts to be included as income from office or employment
Section 6 expands employment income beyond salary to include the value of most employer-provided benefits: company vehicles, low-interest lo…
Stock options — how employee options are taxed
Employee stock options
Section 7 governs the taxation of employee stock options. The employment benefit is generally recognized when the option is exercised (not w…
Employment deductions — what employees can deduct
Deductions allowed in computing income from office or employment
Section 8 provides an exhaustive list of deductions an employee can claim against employment income. Unlike business owners, employees can o…
Shareholder benefits — taxable benefits from your own corporation
Benefit conferred on shareholder
Section 15 taxes shareholders on the value of any benefit conferred on them by the corporation — personal expenses paid by the company, use…
Change in use — converting your home to rental (or back)
Change in use
Section 45 deems a disposition whenever property changes from income-producing use to personal use or vice versa, triggering capital gains o…
Child care deduction — daycare, camp, and babysitter costs
Child care expenses
Section 63 allows a deduction for child care expenses (daycare, after-school care, day camps, babysitters) paid to allow you or your spouse…
Meals and entertainment — the 50% deduction rule
Expenses for food, beverages, and entertainment
Section 67.1 restricts the deduction for food, beverage, and entertainment expenses to 50% of the actual cost, regardless of the business pu…
Spousal rollover — transferring property to your spouse tax-free
Inter vivos transfers by individuals to spouse or common-law partner
Section 73 allows an individual to transfer capital property to their spouse or common-law partner at the property's adjusted cost base (ins…
Attribution rules — income on spousal transfers taxed in your hands
Transfers and loans to spouse or common-law partner
Section 74.1 attributes income (and capital gains on subsequent dispositions) from property transferred or loaned to a spouse back to the tr…
Deemed dividends — corporate distributions taxed as dividends
Deemed dividend
Section 84 deems certain corporate events to be dividends even when no formal dividend is declared — notably when a corporation reduces its…
Surplus stripping anti-avoidance — non-arm's-length share sales
Non-arm's length sale of shares
Section 84.1 prevents shareholders from using non-arm's-length share sales to extract corporate retained earnings as capital gains (which ma…
S.85 rollover — transferring business assets to a corporation tax-free
Transfer of property to corporation by shareholders
Section 85 allows individuals and corporations to transfer eligible property to a corporation in exchange for shares at an elected amount ra…
Inter-corporate dividend deduction — dividends between Canadian corporations
Deduction of taxable dividends received by corporation
Section 112 allows a corporation to deduct dividends received from other taxable Canadian corporations, preventing double taxation as divide…
Non-resident selling Canadian property — tax clearance certificate required
Disposition by non-resident person of taxable Canadian property
Section 116 requires non-residents who sell taxable Canadian property to obtain a clearance certificate from CRA before closing, or the buye…
Charitable donation tax credit — how it works and how to maximize it
Charitable gifts
Section 118.1 provides a two-tier non-refundable tax credit for charitable donations: 15% on the first $200, and 29% (33% for high earners)…
Medical expense tax credit — what qualifies and how to claim it
Medical expense credit
Section 118.2 provides a 15% non-refundable federal tax credit for eligible medical expenses exceeding the lesser of $2,759 (2026) and 3% of…
Disability tax credit (DTC) — who qualifies and how to claim
Credit for mental or physical impairment
Section 118.3 provides a significant non-refundable credit for persons with severe and prolonged impairments in physical or mental functions…
Investment tax credit (ITC) — SR&ED and other qualifying investments
Logging tax credit and investment tax credit
Section 127 provides investment tax credits (ITCs) for qualifying expenditures — most importantly, scientific research and experimental deve…
Tax-exempt organizations — who does not pay income tax
Miscellaneous exemptions
Section 149 exempts certain persons from Part I income tax — municipalities, Crown corporations, non-profit organizations, registered charit…
How CRA assesses your return — timelines and normal reassessment period
Assessment
Section 152 sets out how CRA assesses tax returns, the normal reassessment period (3 years for most individuals, 4 years for CCPCs), and the…
Source deductions — how employers withhold income tax, CPP, and EI
Withholding
Section 153 requires employers to withhold income tax (as well as CPP premiums and EI premiums) from employment income and remit it to CRA o…
Books and records — what you must keep and for how long
Books of account and records
Section 230 requires every person who carries on a business, or is required to pay tax, to keep adequate books and records to determine thei…
Support payments — spousal support rules
Support
Section 56.1 and related provisions govern the tax treatment of support payments. Periodic spousal support received under a court order or w…
Forgiven debt — tax consequences of debt relief
Consequences of debt forgiveness
Section 80 provides rules for when a debt is forgiven or settled for less than its face value. Forgiven amounts generally reduce tax attribu…
What must be included in business or property income
Income inclusions — amounts to include in income from business or property
Section 12 lists specific amounts that must be included in income from business or property even though they might not appear to be "profit"…
CCA recapture and terminal losses when you sell depreciable property
Recaptured depreciation and terminal losses
Section 13 governs what happens when you sell depreciable property — if the proceeds exceed the remaining undepreciated capital cost (UCC),…
SR&ED tax deductions for research and development
Scientific research and experimental development expenditures
Section 37 allows businesses to deduct expenditures on scientific research and experimental development (SR&ED), and works in conjunction wi…
Replace a property and defer the capital gain
Replacement property — rollover on involuntary and voluntary dispositions
Section 44 allows you to defer a capital gain (and recaptured CCA) when you replace a property that was involuntarily disposed of (stolen, e…
Deduct moving expenses when you relocate for work or school
Moving expenses
Section 62 allows individuals to deduct eligible moving expenses when they move at least 40 km closer to a new work location or a full-time…
Tax rules when a taxpayer dies
Death of a taxpayer — income and capital property
Section 70 deems a deceased taxpayer to have disposed of all capital property at fair market value immediately before death, triggering capi…
Payments and amounts that are tax-free
Amounts not included in income
Section 81 lists specific amounts that are not included in a taxpayer's income despite being received — including certain social benefits, w…
How partnerships are taxed
General rules for computing partnership income
Section 96 establishes the "flow-through" treatment of partnerships — partnerships compute income as if they were a separate person, then al…
Deductions that reduce your taxable income below your net income
Deductions permitted in computing taxable income
Section 110 lists deductions allowed in computing taxable income (after net income is calculated under s.3) — including the stock option ded…
Tax on income split with family members
Tax on split income (TOSI)
Section 120.4 applies the top marginal tax rate to "split income" received by adult and minor family members — targeting income-splitting st…
GST/HST credit — quarterly payments for low/middle income
Goods and Services Tax credit
Section 122.5 provides a refundable quarterly credit to low- and middle-income individuals and families to offset the GST/HST they pay on ev…
Canada Child Benefit (CCB)
Canada Child Benefit — definitions
Section 122.6 defines the terms used in the Canada Child Benefit (CCB) provisions. The CCB is a tax-free monthly payment to eligible familie…
Claim a credit for foreign taxes paid
Foreign tax credit
Section 126 provides a credit against Canadian income tax for income or profits taxes paid to a foreign government, preventing double taxati…
RESP — save for a child's post-secondary education
Registered Education Savings Plans
Section 146.1 establishes the rules for Registered Education Savings Plans (RESPs), allowing parents and grandparents to save for a child's…
RRIF — convert your RRSP to retirement income
Registered Retirement Income Funds
Section 146.3 establishes the rules for Registered Retirement Income Funds (RRIFs). By the end of the year you turn 71, you must convert you…
RDSP — long-term savings plan for persons with disabilities
Registered Disability Savings Plans
Section 146.4 establishes the Registered Disability Savings Plan (RDSP), a tax-advantaged long-term savings plan for Canadians eligible for…
Who must file a tax return and by when
Filing returns of income
Section 150 requires every resident of Canada to file an annual income tax return if they owe tax or meet certain income thresholds, and set…
Interest charged by CRA on overdue taxes
Interest on unpaid amounts
Section 161 requires taxpayers to pay compound daily interest on any unpaid income tax, starting from the day after the balance is due (usua…
Penalties for filing your tax return late
Failure to file return — penalties
Section 162 imposes automatic penalties for failing to file a tax return by the due date or for failing to provide required information. The…
How and when CRA refunds overpaid tax
Refunds
Section 164 requires CRA to refund amounts overpaid by taxpayers and to pay interest on refunds that are delayed beyond certain time limits…
Tax rules when two Canadian corporations merge
Amalgamation of Canadian corporations
Section 87 governs "qualifying amalgamations" of Canadian corporations — two or more corporations merge into one "new" corporation. The amal…
Dissolving a subsidiary corporation — tax-deferred wind-up
Winding-up of a subsidiary
Section 88 provides rollover treatment when a parent corporation winds up a wholly owned (90%+) Canadian subsidiary — assets transfer to the…
Section 55 — stop converting income into capital gains through dividends
Deemed proceeds — anti-avoidance for capital gains strips
Section 55 prevents a corporation from using intercorporate dividends to artificially reduce the gain on a share sale. It can recharacterize…
Tax rules for non-arm's-length transactions below fair market value
Inadequate considerations
Section 69 ensures that transfers of property between non-arm's-length parties (family members, controlled corporations) are treated as occu…
Deduct a bad debt or claim a loss on shares of a bankrupt company
Debts established to be bad debts and shares of bankrupt corporations
Section 50 allows a taxpayer to elect to treat a business or property debt that has gone bad — or shares of a corporation that has become ba…
Educational use only
Summaries are simplified explanations of the Act. They do not constitute legal or tax advice. The authoritative text is the Income Tax Act on Justice Canada .