7:56 am
April 6, 2013
Bill said
…When you read legislation a lot you understand that wording was intentionally selected as well as omitted, though there are always some errors of course. Note, though, that CRA webpage wording provided by civil servants will not carry the day, it will depend on the wording of the legislation enacted by our democratically elected representatives, and I admit I haven't reviewed that in our discussion here.
Subsection 146(8.2) of the Income Tax Act seems to be where the "undo" of RRSP contributions is allowed. Paragraph 146(8.2)(c) describes the permitted time windows:
Amount deductible
(8.2) Where
(a) all or any portion of the premiums paid in a taxation year by a taxpayer to one or more registered retirement savings plans under which the taxpayer or the taxpayer’s spouse or common-law partner was the annuitant was not deducted in computing the taxpayer’s income for any taxation year,
(b) the taxpayer or the taxpayer’s spouse or common-law partner can reasonably be regarded as having received a payment from a registered retirement savings plan or a registered retirement income fund in respect of such portion of the undeducted premiums as
(i) was not paid by way of a transfer of an amount from a registered pension plan to a registered retirement savings plan,
(ii) was not paid by way of a transfer of an amount from a deferred profit sharing plan to a registered retirement savings plan in accordance with subsection 147(19), and
(iii) was not paid by way of a transfer of an amount to a registered retirement savings plan from
(A) a pooled registered pension plan in circumstances to which subsection 147.5(21) applied, or
(B) a specified pension plan in circumstances to which subsection (21) applied,
(c) the payment is received by the taxpayer or the taxpayer’s spouse or common-law partner in a particular taxation year that is
(i) the year in which the premiums were paid by the taxpayer,
(ii) the year in which a notice of assessment for the taxation year referred to in subparagraph 146(8.2)(c)(i) was sent to the taxpayer, or
(iii) the year immediately following the year referred to in subparagraph 146(8.2)(c)(i) or 146(8.2)(c)(ii), and
(d) the payment is included in computing the taxpayer’s income for the particular year,
the payment (except to the extent that it is a prescribed withdrawal) may be deducted in computing the taxpayer’s income for the particular year unless it is reasonable to consider that
(e) the taxpayer did not reasonably expect that the full amount of the premiums would be deductible in the taxation year in which the premiums were paid or in the immediately preceding taxation year, and
(f) the taxpayer paid all or any portion of the premiums with the intent of receiving a payment that, but for this paragraph and paragraph 146(8.2)(e), would be deductible under this subsection.
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