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I-3 - Taxation Act

Section 462.24
Disposition versions

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462.24. Sections 462.1 to 462.10 do not apply in respect of a transfer by an individual of property
(a)  as a payment of a premium under a registered retirement savings plan under which the individual’s spouse is, immediately after the transfer, the annuitant, within the meaning of section 905.1, to the extent that the premium is deductible in computing the income of the individual for a taxation year;
(a.1)  (paragraph repealed);
(a.2)  as a payment of a contribution under a registered disability savings plan;
(b)  as a payment to another individual who is his spouse or a person who was under 18 years of age in a taxation year and with whom the individual does not deal at arm’s length or who is the nephew or niece of the individual of an amount that is deductible by the individual in computing his income for the year and is required to be included in computing the income of the other individual;
(c)  to the individual’s spouse, while the property, or a property substituted for it, is held under a tax-free savings account of which the spouse is the holder, to the extent that the spouse does not, at the time of the contribution of the property under that account, have an excess TFSA amount, as defined in subsection 1 of section 207.01 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));
(d)  as a payment of a contribution under a first home savings account.
1987, c. 67, s. 112; 1989, c. 77, s. 54; 1991, c. 25, s. 76; 2009, c. 15, s. 86; 2013, c. 10, s. 34; 2023, c. 19, s. 33.
462.24. Sections 462.1 to 462.10 do not apply in respect of a transfer by an individual of property
(a)  as a payment of a premium under a registered retirement savings plan under which the individual’s spouse is, immediately after the transfer, the annuitant, within the meaning of section 905.1, to the extent that the premium is deductible in computing the income of the individual for a taxation year;
(a.1)  (paragraph repealed);
(a.2)  as a payment of a contribution under a registered disability savings plan;
(b)  as a payment to another individual who is his spouse or a person who was under 18 years of age in a taxation year and with whom the individual does not deal at arm’s length or who is the nephew or niece of the individual of an amount that is deductible by the individual in computing his income for the year and is required to be included in computing the income of the other individual;
(c)  to the individual’s spouse, while the property, or a property substituted for it, is held under a tax-free savings account of which the spouse is the holder, to the extent that the spouse does not, at the time of the contribution of the property under that account, have an excess TFSA amount, as defined in subsection 1 of section 207.01 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).
1987, c. 67, s. 112; 1989, c. 77, s. 54; 1991, c. 25, s. 76; 2009, c. 15, s. 86; 2013, c. 10, s. 34.
462.24. Sections 462.1 to 462.10 do not apply in respect of a transfer by an individual of property
(a)  as a payment of a premium under a registered retirement savings plan under which the individual’s spouse is, immediately after the transfer, the annuitant, within the meaning of section 905.1, to the extent that the premium is deductible in computing the income of the individual for a taxation year;
(a.1)  as an amount contributed under a provincial pension plan prescribed for the purposes of paragraph v of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) under which the individual’s spouse is, immediately after the transfer, the annuitant within the meaning of paragraph b of section 905.1 or the owner of the account under the plan, to the extent that the amount does not exceed the amount by which the amount prescribed for the purposes of subparagraph ii of paragraph v of section 60 of the said Act for the year in respect of the plan exceeds the aggregate of all other contributions to the plan for the year to the account of the spouse under the plan;
(a.2)  as a payment of a contribution under a registered disability savings plan;
(b)  as a payment to another individual who is his spouse or a person who was under 18 years of age in a taxation year and with whom the individual does not deal at arm’s length or who is the nephew or niece of the individual of an amount that is deductible by the individual in computing his income for the year and is required to be included in computing the income of the other individual;
(c)  to the individual’s spouse, while the property, or a property substituted for it, is held under a tax-free savings account of which the spouse is the holder, to the extent that the spouse does not, at the time of the contribution of the property under that account, have an excess TFSA amount, as defined in subsection 1 of section 207.01 of the Income Tax Act.
1987, c. 67, s. 112; 1989, c. 77, s. 54; 1991, c. 25, s. 76; 2009, c. 15, s. 86.
462.24. Sections 462.1 to 462.10 do not apply in respect of a transfer by an individual of property
(a)  as a payment of a premium under a registered retirement savings plan under which the individual’s spouse is, immediately after the transfer, the annuitant, within the meaning of section 905.1, to the extent that the premium is deductible in computing the income of the individual for a taxation year;
(a.1)  as an amount contributed under a provincial pension plan prescribed for the purposes of paragraph v of section 60 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under which the individual’s spouse is, immediately after the transfer, the annuitant within the meaning of paragraph b of section 905.1 or the owner of the account under the plan, to the extent that the amount does not exceed the amount by which the amount prescribed for the purposes of subparagraph ii of paragraph v of section 60 of the said Act for the year in respect of the plan exceeds the aggregate of all other contributions to the plan for the year to the account of the spouse under the plan;
(b)  as a payment to another individual who is his spouse or a person who was under 18 years of age in a taxation year and with whom the individual does not deal at arm’s length or who is the nephew or niece of the individual of an amount that is deductible by the individual in computing his income for the year and is required to be included in computing the income of the other individual.
1987, c. 67, s. 112; 1989, c. 77, s. 54; 1991, c. 25, s. 76.
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