Section 60.1

Subsection 60.1(1) - Support

Cases

The Queen v. Armstrong, 96 D.T.C 6315 (FCA)

The Queen v. Armstrong, 96 D.T.C 6315 (FCA) -- attach -- Subsection 60.1(1)

Monthly mortgage payments made by the taxpayer for the benefit of his former wife did not qualify for deduction because they did not represent an...

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Philp v. The Queen, 83 DTC 5424, [1983] CTC 403 (FCTD)

Philp v. The Queen, 83 DTC 5424, [1983] CTC 403 (FCTD) -- attach -- Subsection 60.1(1)

Payments made pursuant to an agreement dated April 10, 1973 thus were not made pursuant to an agreement made after May 6, 1974, and therefore were...

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The Queen v. Bryce, 82 DTC 6126, [1982] CTC 133 (FCA)

The Queen v. Bryce, 82 DTC 6126, [1982] CTC 133 (FCA) -- attach -- Subsection 60.1(1)

While s. 60.1 deems periodic mortgage and utility payments made pursuant to a judicially-approved maintenance agreement to have been made directly...

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See Also

Poirier v. The Queen, 2011 DTC 1346 [at at 1937], 2011 TCC 311

Poirier v. The Queen, 2011 DTC 1346 [at at 1937], 2011 TCC 311 -- attach -- Subsection 60.1(1)

When the taxpayer separated from his wife, he continued making payments to third parties related to the matrimonial home. Jorré J. found that...

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Administrative Policy

17 September 2008 External T.I. 2008-0279101E5 F - Pension alimentaire - enfant majeur -- attach -- Subsection 60.1(1)

s. 60.1(1) deemed amounts paid directly to adult child pursuant to court-ordered support obligation to have been paid to the other spouse

A payer makes support payments directly to a child over the age of majority with the consent of the former spouse (the "recipient"). However,...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 56.1 - Subsection 56.1(1) s. 56.1(1) deemed amounts paid directly to adult child pursuant to court-ordered support obligation to have been received by the other spouse 145
7 January 1992 Memorandum (Tax Window, No. 15, p. 21, ¶1684)

7 January 1992 Memorandum (Tax Window, No. 15, p. 21, ¶1684) -- attach -- Subsection 60.1(1)

Payments made to an adult child of the marriage for the child's benefit would not qualify as payments made for the benefit of the spouse or...

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Subsection 60.1(2) - Agreement

Cases

The Queen v. Armstrong, 96 D.T.C 6315 (FCA)

The Queen v. Armstrong, 96 D.T.C 6315 (FCA) -- attach -- Subsection 60.1(2)

S.60.1(2) had no application as the court order in question did not provide for the application of that provision.

Administrative Policy

28 May 2004 Internal T.I. 2004-0064291I7 F - Paiement de dépenses -- attach -- Subsection 60.1(2)

no need to expressly refer to ss. 56.1(2) and 60.1(2)

After indicating that payments made by Monsieur to third parties pursuant to a cohabitation agreement to cover expenses relating to the...

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The agreement of a separated husband to pay the principal and interest on a first mortgage to be incurred by his wife are not deductible under s....

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21 August 1992 Memorandum (Tax Window, No. 23, p. 23, ¶2163)

21 August 1992 Memorandum (Tax Window, No. 23, p. 23, ¶2163) -- attach -- Subsection 60.1(2)

General comments.

Subsection 60.1(3) - Prior payments

Cases

Chabros v. The Queen, 95 DTC 5247, [1995] 1 CTC 333 (FCA)

Chabros v. The Queen, 95 DTC 5247, [1995] 1 CTC 333 (FCA) -- attach -- Subsection 60.1(3)

Minutes of settlement signed in 1989 in which the taxpayer's former spouse acknowledged that the taxpayer had paid to her "as and by way of...

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Administrative Policy

7 September 2022 Internal T.I. 2022-0931081I7 - Retroactive support payments -- attach -- Subsection 60.1(3)

application of s. 60.1(3) to payments already made in the current and preceding year

A 2018 court order required retroactive child and spousal support payments to be made by an individual to a former spouse on a monthly basis for...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 60 - Paragraph 60(b) CRA respects the effect of a court order providing that a lump sum payment was in satisfaction of a retroactive periodic support obligation 276
Tax Topics - General Concepts - Effective Date court order rendered a lump sum payment as being in satisfaction of a retroactively-created periodic support obligation 258

22 October 2004 Internal T.I. 2004-0079791I7 F - Pension alimentaire -- attach -- Subsection 60.1(3)

s. 60.1(3) did not apply since the judgment recognizing the amounts paid as support was given more than one year later

S. 60.1(3) did not apply where sums were paid by Monsieur to Madame, which he intended as an advance on the division of the family patrimony...

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28 January 2000 Internal T.I. 1999-0006507 F - ALLOCATIONS PERIODIQUES -- attach -- Subsection 60.1(3)

application of s. 60.1(3) to pre-divorce payments

After referring to s. 60.1(3), the Agency indicated that monthly payments made prior to the date of a judgment giving effect to a divorce may be...

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