This regulation sets definitions, prescribed dates, eligibility criteria, and a calculation method used for Alberta Affordability Program income-tax rules.
(no amdt) alberta regulation 268/2022 Alberta Personal Income Tax Act ALBERTA AFFORDABILITY PROGRAM REGULATION Definitions 1 In this Regulation, (a) “Act” means the Alberta Personal Income Tax Act ; (b) “cohabiting spouse or common‑law partner” has the meaning given to it in section 122.6 of the federal Act. Prescribed dates and periods 2 (1) For the purposes of section 35.03(1)(a), (4)(a) and (5)(a) of the Act, the prescribed dates in respect of each month are (a) November 30, 2022, and (b) the first day of the month. (2) For greater certainty, for the purposes of section 35.03(1)(a), (4)(a) and (5)(a) of the Act, an individual must have been resident in Alberta on both dates referred to in subsection (1). (3) For the purposes of section 35.03(2) of the Act, in respect of each month, an eligible individual has a qualified dependant within a prescribed period if the eligible individual has that qualified dependant at any time within the month. (4) For the purposes of section 35.03(4)(b) of the Act, in respect of each month, an individual was at least 65 years of age within a prescribed period if the individual attained the age 65 at any time within the month. (5) For the purposes of section 35.03(5)(b) of the Act, in respect of each month, an individual was receiving benefits, income support payments or services during a prescribed period if the individual was receiving benefits, payments or services at any time within the month. Prescribed criteria 3 (1) For the purposes of section 35.03(1)(b) and (4)(c) of the Act, the following are prescribed criteria: (a) the program income determined in accordance with subsection (3) in respect of the individual is less than $180 000; (b) the individual was not confined to a prison or similar institution for a period of at least 90 days that includes the first day of the month. (2) For the purposes of section 35.03(5)(d) of the Act, the prescribed criteria is that the individual was not confined to a prison or similar institution for a period of at least 90 days that includes the first day of the month. (3) For the purposes of subsection (1)(a), the program income of an individual is the total of all amounts each of which is, in respect of the individual or of the person who was the individual’s cohabiting spouse or common‑law partner, the amount determined for the 2021 taxation year by the formula A – (B + C + D) where A is the amount on line 15000 of the applicable person’s return of income filed under the Income Tax Act (Canada) for the 2021 taxation year; B is the amount on line 21000 of the applicable person’s return of income filed under the Income Tax Act (Canada) for the 2021 taxation year; C is the amount on line 32000 of the applicable person’s return of income filed under the Income Tax Act (Canada) for the 2021 taxation year; D is the sum of the amounts on lines 33099 and 33199 of the applicable person’s return of income filed under the Income Tax Act (Canada) for the 2021 taxation year. (4) For the purposes of subsection (3), if a notice of assessment has not been sent in respect of the individual’s or cohabiting spouse’s or common‑law partner’s return of income for the 2021 taxation year, the amounts in A to D shall be the amounts that are determined by the applicable Benefit Minister using the same information that would have been used by the individual or cohabiting spouse or common‑law partner to report an amount on the applicable line of a return of income for that year.