Income Tax Act Section 8 Deductions

Deductions allowed

8. (1) In computing a taxpayer's income for a taxation year from an office or employment, there may be deducted such of the following amounts as are wholly applicable to that source or such part of the following amounts as may reasonably be regarded as applicable thereto (a) in respect of each employer of the taxpayer that is a government, Volunteers' deduction municipality or public authority, the lesser of $1,000 and the total of all amounts received in the year by the taxpayer from the employer that are (i) included in the taxpayer's income for the year from an office or employment, and (ii) from the performance, as a volunteer, of the taxpayer's duties as (A) an ambulance technician, (B) a firefighter, or (C) a person who assists in the search or rescue of individuals or in other emergency situations, except that no amount may be so deducted in respect of an employer if the taxpayer is employed in the year, otherwise than as a volunteer, by the employer in connection with the performance of any of the duties referred to in subparagraph (ii) or of similar duties; (b) amounts paid by the taxpayer in the year as or on account of legal Legal expenses of expenses incurred by the taxpayer to collect or establish a right to salary or employee wages owed to the taxpayer by the employer or former employer of the taxpayer; (c) where the taxpayer is a member of the clergy or of a religious order or a Clergyman's residence regular minister of a religious denomination, and is in charge of or ministering to a diocese, parish or congregation, or engaged exclusively in full-time administrative service by appointment of a religious order or religious denomination, an amount equal to (i) the value of the residence or other living accommodation occupied by the taxpayer in the course of or by virtue of the taxpayer's office or employment as such a member or minister so in charge of or ministering to a diocese, parish or congregation, or so engaged in such administrative service, to the extent that that value is included in computing the taxpayer's income for the year by virtue of section 6, or (ii) rent paid by the taxpayer for a residence or other living accommodation rented and occupied by the taxpayer, or the fair rental value of a residence or other living accommodation owned and occupied by the taxpayer, during the year but not, in either case, exceeding the taxpayer's remuneration from the taxpayer's office or employment as described in subparagraph 8(1)(c)(i);

Teachers' exchange fund contribution

Expenses of railway employees

(d) a single amount, in respect of all employments of the taxpayer as a teacher, not exceeding $250 paid by the taxpayer in the year to a fund established by the Canadian Education Association for the benefit of teachers from Commonwealth countries present in Canada under a teachers' exchange arrangement; (e) amounts disbursed by the taxpayer in the year for meals and lodging while employed by a railway company (i) away from the taxpayer's ordinary place of residence as a relieving telegrapher or station agent or on maintenance and repair work, or (ii) away from the municipality and the metropolitan area, if there is one, where the taxpayer's home terminal was located, and at a location from which, by reason of distance from the place where the taxpayer maintained a self-contained domestic establishment in which the taxpayer resided and actually supported a spouse or a person dependent on the taxpayer for support and connected with the taxpayer by blood relationship, marriage or adoption, the taxpayer could not reasonably be expected to return daily to that place, to the extent that the taxpayer has not been reimbursed and is not entitled to be reimbursed in respect thereof; (f) where the taxpayer was employed in the year in connection with the selling of property or negotiating of contracts for the taxpayer's employer, and (i) under the contract of employment was required to pay the taxpayer's own expenses, (ii) was ordinarily required to carry on the duties of the employment away from the employer's place of business, (iii) was remunerated in whole or part by commissions or other similar amounts fixed by reference to the volume of the sales made or the contracts negotiated, and (iv) was not in receipt of an allowance for travel expenses in respect of the taxation year that was, by virtue of subparagraph 6(1)(b)(v), not included in computing the taxpayer's income, amounts expended by the taxpayer in the year for the purpose of earning the income from the employment (not exceeding the commissions or other similar amounts referred to in subparagraph 8(1)(f)(iii) and received by the taxpayer in the year) to the extent that those amounts were not (v) outlays, losses or replacements of capital or payments on account of capital, except as described in paragraph 8(1)(j), (vi) outlays or expenses that would, by virtue of paragraph 18(1)(l), not be deductible in computing the taxpayer's income for the year if the employment were a business carried on by the taxpayer, or (vii) amounts the payment of which reduced the amount that would

Sales expenses

Transport employee's expenses

otherwise be included in computing the taxpayer's income for the year because of paragraph 6(1)(e); (g) where the taxpayer was an employee of a person whose principal business was passenger, goods, or passenger and goods transport and the duties of the employment required the taxpayer, regularly, (i) to travel, away from the municipality where the employer's establishment to which the taxpayer reported for work was located and away from the metropolitan area, if there is one, where it was located, on vehicles used by the employer to transport the goods or passengers, and (ii) while so away from that municipality and metropolitan area, to make disbursements for meals and lodging, amounts so disbursed by the taxpayer in the year to the extent that the taxpayer has not been reimbursed and is not entitled to be reimbursed in respect thereof; (h) where the taxpayer, in the year, (i) was ordinarily required to carry on the duties of the office or employment away from the employer's place of business or in different places, and (ii) was required under the contract of employment to pay the travel expenses incurred by the taxpayer in the performance of the duties of the office or employment, amounts expended by the taxpayer in the year (other than motor vehicle expenses) for travelling in the course of the office or employment, except where the taxpayer (iii) received an allowance for travel expenses that was, because of subparagraph 6(1)(b)(v), 6(1)(b)(vi) or 6(1)(b)(vii), not included in computing the taxpayer's income for the year, or (iv) claims a deduction for the year under paragraph 8(1)(e), 8(1)(f) or 8(1)(g); (h.1) where the taxpayer, in the year, (i) was ordinarily required to carry on the duties of the office or employment away from the employer's place of business or in different places, and (ii) was required under the contract of employment to pay motor vehicle expenses incurred in the performance of the duties of the office or employment, amounts expended by the taxpayer in the year in respect of motor vehicle expenses incurred for travelling in the course of the office or employment, except where the taxpayer (iii) received an allowance for motor vehicle expenses that was,

Travel expenses

Motor vehicle travel expenses

because of paragraph 6(1)(b), not included in computing the taxpayer's income for the year, or (iv) claims a deduction for the year under paragraph 8(1)(f); (i) amounts paid by the taxpayer in the year as (i) annual professional membership dues the payment of which was necessary to maintain a professional status recognized by statute, (ii) office rent, or salary to an assistant or substitute, the payment of which by the officer or employee was required by the contract of employment, (iii) the cost of supplies that were consumed directly in the performance of the duties of the office or employment and that the officer or employee was required by the contract of employment to supply and pay for, (iv) annual dues to maintain membership in a trade union as defined (A) by section 3 of the Canada Labour Code, or (B) in any provincial statute providing for the investigation, conciliation or settlement of industrial disputes, or to maintain membership in an association of public servants the primary object of which is to promote the improvement of the members' conditions of employment or work, (v) annual dues that were, pursuant to the provisions of a collective agreement, retained by the taxpayer's employer from the taxpayer's remuneration and paid to a trade union or association designated in subparagraph 8(1)(i)(iv) of which the taxpayer was not a member, (vi) dues to a parity or advisory committee or similar body, the payment of which was required under the laws of a province in respect of the employment for the year, and (vii) dues to a professions board, the payment of which was required under the laws of a province, to the extent that the taxpayer has not been reimbursed, and is not entitled to be reimbursed in respect thereof; (j) where a deduction may be made under paragraph 8(1)(f), 8(1)(h) or 8(1)(h.1) in computing the taxpayer's income from an office or employment for a taxation year, (i) any interest paid by the taxpayer in the year on borrowed money used for the purpose of acquiring, or on an amount payable for the acquisition of, property that is

Dues and other expenses of performing duties

Motor vehicle and aircraft costs

(A) a motor vehicle that is used, or (B) an aircraft that is required for use in the performance of the duties of the taxpayer's office or employment, and (ii) such part, if any, of the capital cost to the taxpayer of (A) a motor vehicle that is used, or (B) an aircraft that is required for use in the performance of the duties of the office or employment as is allowed by regulation; (k) (Repealed by S.C. 1988, c. 55, s. 2(1).) (l) (Repealed by S.C. 1988, c. 55, s. 2(1).) (l.1) any amount payable by the taxpayer in the year (i) as an employer's premium under the employment Insurance Act, or (ii) as an employer's contribution under the Canada Pension Plan or under a provincial pension plan as defined in section 3 of the Canada Pension Plan, in respect of salary, wages or other remuneration, including gratuities, paid to an individual employed by the taxpayer as an assistant or substitute to perform the duties of the taxpayer's office or employment if an amount is deductible by the taxpayer for the year under subparagraph 8(1)(i)(ii) in respect of that individual; (m) the amount in respect of contributions to registered pension plans that, Employee's registered by reason of subsection 147.2(4), is deductible in computing the taxpayer's pension plan income for the year; contributions (m.1) (Repealed by S.C. 1990, c. 35, s. 2(2).)
Idem Employee RCA contributions

Unemployment insurance premium Canada Pension Plan contribution C.P.P. contributions and U.I.A. premiums

(m.2) an amount contributed by the taxpayer in the year to a pension plan in respect of services rendered by the taxpayer where the plan is a prescribed plan established by an enactment of Canada or a province or where (i) the plan is a retirement compensation arrangement, (ii) the amount was paid to a custodian (within the meaning assigned by the definition "retirement compensation arrangement" in subsection 248(1)) of the arrangement who is resident in Canada, and (iii) either (A) the taxpayer was required, by the terms of the taxpayer's office or employment, to contribute the amount, and the total of the amounts contributed to the plan in the year by the taxpayer does not exceed the total of

the amount contributed to the plan in the year by any other person in respect of the taxpayer, or (B) the plan is a pension plan the registration of which under this Act was revoked (other than a plan the registration of which was revoked as of the effective date of its registration) and the amount was contributed in accordance with the terms of the plan as last registered; (C) (Repealed by S.C. 1994, c. 21, s. 4(2).) (n) an amount paid by or on behalf of the taxpayer in the year pursuant to Salary reimbursement an arrangement (other than an arrangement described in subparagraph (b)(ii) of the definition "top-up disability payment" in subsection 6(17)) under which the taxpayer is required to reimburse any amount paid to the taxpayer for a period throughout which the taxpayer did not perform the duties of the office or employment, to the extent that (i) the amount so paid to the taxpayer for the period was included in computing the taxpayer's income from an office or employment, and (ii) the total of amounts so reimbursed does not exceed the total of amounts received by the taxpayer for the period throughout which the taxpayer did not perform the duties of the office or employment; (n.1) where, (i) as a consequence of the receipt of a payment (in this paragraph referred to as the "deferred payment") from an insurer, a payment (in this paragraph referred to as the "reimbursement payment") is made by or on behalf of an individual to an employer or former employer of the individual pursuant to an arrangement described in subparagraph (b)(ii) of the definition "top-up disability payment" in subsection 6(17), and (ii) the reimbursement payment is made (A) in the year, other than within the first 60 days of the year if the deferred payment was received in the immediately preceding taxation year, or (B) within 60 days after the end of the year, if the deferred payment was received in the year, an amount equal to the lesser of (iii) the amount included under paragraph 6(1)(f) in respect of the deferred payment in computing the individual's income for any taxation year, and (iv) the amount of the reimbursement payment; (o) where at the end of the year the rights of any person to receive benefits under a salary deferral arrangement in respect of the taxpayer have been extinguished or no person has any further right to receive any amount under the arrangement, the amount, if any, by which the total of all deferred amounts under the arrangement included in computing the taxpayer's income for the year and preceding taxation years as benefits

Reimbursement of disability payments

Forfeited amounts

under paragraph 6(1)(a) exceeds the total of (i) all such deferred amounts received by any person in that year or preceding taxation years out of or under the arrangement, (ii) all such deferred amounts receivable by any person in subsequent taxation years out of or under the arrangement, and (iii) all amounts deducted under this paragraph in computing the taxpayer's income for preceding taxation years in respect of deferred amounts under the arrangement; (o.1) an amount that is deductible in computing the taxpayer's income for the year because of subsection 144(9); (p) where the taxpayer was employed in the year as a musician and as a term of the employment was required to provide a musical instrument for a period in the year, an amount (not exceeding the taxpayer's income for the year from the employment, computed without reference to this paragraph) equal to the total of (i) amounts expended by the taxpayer before the end of the year for the maintenance, rental or insurance of the instrument for that period, except to the extent that the amounts are otherwise deducted in computing the taxpayer's income for any taxation year, and (ii) such part, if any, of the capital cost to the taxpayer of the instrument as is allowed by regulation; and (q) where the taxpayer's income for the year from the office or employment includes income from an artistic activity (i) that was the creation by the taxpayer of, but did not include the reproduction of, paintings, prints, etchings, drawings, sculptures or similar works of art, (ii) that was the composition by the taxpayer of a dramatic, musical or literary work, (iii) that was the performance by the taxpayer of a dramatic or musical work as an actor, dancer, singer or musician, or (iv) in respect of which the taxpayer was a member of a professional artists' association that is certified by the Minister of Canadian Heritage, amounts paid by the taxpayer before the end of the year in respect of expenses incurred for the purpose of earning the income from those activities to the extent that they were not deductible in computing the taxpayer's income for a preceding taxation year, but not exceeding a single amount in respect of all such offices and employments of the taxpayer equal to the amount, if any, by which (v) the lesser of $1,000 and 20% of the total of all amounts each of which is the taxpayer's income from an office or employment for the year, before deducting any amount under this section, that was income from an artistic activity described in any of subparagraphs 8(1)(q)(i) to

Idem Musical instrument costs

Artists' employment expenses

(iv), exceeds (vi) the total of all amounts deducted by the taxpayer for the year under paragraph 8(1)(j) or (p) in respect of costs or expenses incurred for the purpose of earning the income from such an activity for the year.
General limitation

(2) Except as permitted by this section, no deductions shall be made in computing a taxpayer's income for a taxation year from an office or employment. (3) (Repealed by S.C. 1988, c. 55, s. 2(3).)

Limitation re employment expense deduction Meals

(4) An amount expended in respect of a meal consumed by a taxpayer who is an officer or employee shall not be included in computing the amount of a deduction under paragraph 8(1)(f) or 8(1)(h) unless the meal was consumed during a period while the taxpayer was required by the taxpayer's duties to be away, for a period of not less than twelve hours, from the municipality where the employer's establishment to which the taxpayer ordinarily reported for work was located and away from the metropolitan area, if there is one, where it was located. (5) Notwithstanding subparagraphs 8(1)(i)(i), 8(1)(i)(iv), 8(1)(i)(vi) and 8(1)(i)(vii), dues are not deductible under those subparagraphs in computing a taxpayer's income from an office or employment to the extent that they are, in effect, levied (a) for or under a superannuation fund or plan; (b) for or under a fund or plan for annuities, insurance (other than professional or malpractice liability insurance that is necessary to maintain a professional status recognized by statute) or similar benefits; or (c) for any other purpose not directly related to the ordinary operating expenses of the committee or similar body, association, board or trade union, as the case may be.

Dues not deductible

"Contribution limit" defined Teachers Employees' contributions to pension fund for arrears Presumption

(6) (Repealed by S.C. 1990, c. 35, s. 2(5).) (7) (Repealed by S.C. 1990, c. 35, s. 2(5).) (8) (Repealed by S.C. 1990, c. 35, s. 2(6).)

(9) Notwithstanding any other provision of this Act, the total of all amounts that would otherwise be deductible by a taxpayer pursuant to paragraph 8(1)(f), (h) or (j) for travelling in the course of the taxpayer's employment in an aircraft that is owned or rented by the taxpayer, may not exceed an amount that is reasonable in the circumstances having regard to the relative cost and availability of other modes of transportation. (10) An amount otherwise deductible for a taxation year under paragraph

Certificate of employer

(1)(a), (f), (h) or (h.1) or subparagraph (1)(i)(ii) or (iii) by a taxpayer shall not be deducted unless a prescribed form signed by the taxpayer's employer certifying that the conditions set out in that paragraph or subparagraph, as the case may be, were met in the year in respect of the taxpayer is filed with the taxpayer's return of income for the year.
Goods and services tax

(11) For the purposes of this section and section 6, the amount of any rebate paid or payable to a taxpayer under the Excise Tax Act in respect of the goods and services tax shall be deemed not to be an amount that is reimbursed to the taxpayer or to which the taxpayer is entitled. (12) If, in a taxation year, (a) an employee is deemed by subsection 7(2) to have disposed of a security (as defined in subsection 7(7)) held by a trust, (b) the trust disposed of the security to the person that issued the security, (c) the disposition occurred as a result of the employee not meeting the conditions necessary for title to the security to vest in the employee, and (d) the amount paid by the person to acquire the security from the trust or to redeem or cancel the security did not exceed the amount paid to the person for the security, the following rules apply: (e) there may be deducted in computing the employee's income for the year from employment the amount, if any, by which (i) the amount of the benefit deemed by subsection 7(1) to have been received by the employee in the year or a preceding taxation year in respect of the security exceeds (ii) any amount deducted under paragraph 110(1)(d) or (d.1) in computing the employee's taxable income for the year or a preceding taxation year in respect of that benefit, and (f) notwithstanding any other provision of this Act, the employee's gain or loss from the disposition of the security is deemed to be nil and section 84 does not apply to deem a dividend to have been received in respect of the disposition.

Forfeiture of securities by employee

Work space in home

(13) Notwithstanding paragraphs 8(1)(f) and 8(1)(i), (a) no amount is deductible in computing an individual's income for a taxation year from an office or employment in respect of any part (in this subsection referred to as the "work space") of a self-contained domestic establishment in which the individual resides, except to the extent that the work space is either (i) the place where the individual principally performs the duties of the

office or employment, or (ii) used exclusively during the period in respect of which the amount relates for the purpose of earning income from the office or employment and used on a regular and continuous basis for meeting customers or other persons in the ordinary course of performing the duties of the office or employment; (b) where the conditions set out in subparagraph 8(13)(a)(i) or 8(13)(a)(ii) are met, the amount in respect of the work space that is deductible in computing the individual's income for the year from the office or employment shall not exceed the individual's income for the year from the office or employment, computed without reference to any deduction in respect of the work space; and (c) any amount in respect of a work space that was, solely because of paragraph 8(13)(b), not deductible in computing the individual's income for the immediately preceding taxation year from the office or employment shall be deemed to be an amount in respect of a work space that is otherwise deductible in computing the individual's income for the year from that office or employment and that, subject to paragraph 8(13)(b), may be deducted in computing the individual's income for the year from the office or employment.