Disability Tax Credit

The Disability Amount (Disability Tax Credit): Line 31600

Perhaps one of the most valuable tax credits available to people with eligible disabilities and their families is the Disability Amount. This credit is most often called the Disability Tax Credit (DTC).  It is a non-refundable tax credit which can reduce the amount of tax that a person with the eligible disability has to pay and any unused DTC can be transferred to other family members in certain circumstances.  Eligibility for the DTC also acts as a gateway to some important measures, such as the Registered Disability Savings Plan and the Qualified Disability Trust.

For the 2021 tax year, the combined DTC for a resident of Ontario is $1,743.

2021 Disability Amount

Line 31600

Federal

Tax rate: 15%

Ontario

Tax rate: 5.05%

Combined
Base amount $8,662 $8,790  

DTC:

Base amount* Tax rate

$1,299 $444 $1,743

Where the person is under the age of 18 years, there is an additional Disability Amount Supplement that can be claimed.

  • The Disability Amount Supplement base amount may be reduced where an amount paid in the year for the care or supervision of the person with the eligible disability is claimed by any person as a child care expense, or as attendant expenses for the disability supports deduction or a medical expense tax credit.
  • The reduction is the amount by which the amount of child care and attendant care expenses claimed exceeds the Threshold Amount.
2021 Disability Supplement

Federal

Tax rate: 15%

Ontario

Tax rate: 5.05%

Supplemental base $5,053 $5,127

Reduction:

Child care and Attendant expense claimed    over

XXXX XXXX
Threshold amount for 2021 ($2,959) ($3,003)
Excess reduction   (          ) (          )
Reduced base    
Disability Supplement tax credit (Reduced base*tax credit)    

Who else can claim the unused portion of the DTC?

  1. Where the person with an eligible disability has a spouse or common-lawpartner, the spouse or common-law partner may be able to claim the unused portion of the DTC (line 32600).
  2. Where the person with the eligible disability does not have a spouse or common-law partner, certain “Supporting Persons” may be able to claim the unused portion of the DTC (line 31800), if, either:
      1. The Supporting Person, who is single, widowed or separated, claimed the Eligible Dependant amount (line 30400) for the person with the eligible disability (the “dependant”) in situations where:
        • The dependant is under or over the age of 18 years;
        • The dependant lives with the Supporting Person; and
        • The dependant is the parent, grandparent, child, grandchild, brother or sister of the Supporting Person.

        Where the dependant is under the age of 18 years, the Supporting Person can also claim the Disability Amount Supplement.

        or

        The Supporting Person could have claimed the Eligible Dependant amount if the Supporting person was not married or in a common-law relationship and the dependant was 18 years of age and over and had no income for the year.

    or

    1. The Supporting Person claimed the Canada caregiver credit (line 30450) in situations where:
      • The person with the eligible disability is 18 years of age and over; and
      • The person with the eligible disability is the parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew or niece of the Supporting Person, or of the Supporting Person’s spouse or common-law partner,
      • The person with the eligible disability does not have to live with the Supporting Person.

      Or

      The Supporting Person could have claimed the Canada caregiver credit if the person with the eligible disability is 18 years of age and over and had no income for the year

Who is a Supporting Person?

A Supporting Person is an individual (other than the spouse or common-law partner) who supports the person with the eligible disability.

A person is generally considered to be dependent on someone if the individual has actually supplied the basic necessities of life (food, shelter and clothing) on a regular and consistent basis.

Where the person with the eligible disability was in receipt of social assistance (ODSP) or any other type of support, the Supporting Person must be able to show that the other support was insufficient to fully meet the basic needs and that the person had to rely on the additional support provided by the Supporting Person.

The new T2201 DTC Certificate requires Supporting Persons to provide details regarding the support provided to the person with the eligible disability, including the regularity of the support, proof of dependency, and the basic necessities of life that have been regularly and consistently provided (food, shelter, clothing).

Special Situations:

  1. Attendant expenses: Medical expense or DTC

    To claim the DTC, no person can claim an amount paid as remuneration for an attendant or for care in a nursing home for the person with the eligible disability as an eligible medical expense for the Medical Expense Tax Credit – (METC).

    There is an exception:

    • Where the amount claimed as an eligible medical expense is the lesser of the amount paid as remuneration and $10,000, the DTC may also be claimed. (For residents of Ontario, the provincial limit is $15,046).
    • The limit is increased from $10,000 to $20,000 where the person with the eligible disability dies in the year. (For residents of Ontario, the limit is $30,091 where the person dies in the year).
  2. A Supporting Person cannot claim the unused DTC transferred from a Dependant where the Dependant is a child for whom the Supporting Person had to pay child support.
  3. A Supporting Person cannot claim the unused DTC if the spouse or common-law partner of the person with the eligible disability is claiming the DTC or any other non-refundable tax credit (other than medical expenses) for this person.
  4. A Supporting Person can split the unused DTC with another Supporting Person. However, the total claimed for that dependant cannot be more than the maximum amount allowed for that dependant.
Eligible Dependant amount: Line 30400
To claim the Eligible Dependant amount, the Supporting Person:

  • must be single, divorced, separated or widowed or
  • married or in a common-law partnership, but did not live with the spouse, did not support the spouse, and was not supported by the spouse
  • must support the dependent; and
  • must live with the dependent in a home maintained by the Supporting Person.

The dependant must be the parent, grandparent, child, grandchild, brother, or sister of the Supporting Person.

A dependant who is a person with the eligible disability can be of any age.

Canada Caregiver Credit: Lines 30425, 30450, 30500

The Canada Caregiver Credit is designed to provide tax relief to caregivers of dependants who have an infirmity and who are dependant on the caregiver for support because of that infirmity.

There are four different situations:

  1. The Supporting Person, who is single, supports an Eligible Dependant who is 18 years of age or older; and

    The Supporting Person is eligible to claim the Eligible Dependant amount on line 30400 for this Dependant.

    The Supporting person can claim both:

    The Federal Canada Caregiver amount of $2,295 (there is no Ontario Canada Caregiver amount) when calculating the amount under line 30400

    2021 Eligible Dependant Amount

    Line 30400

    Federal

    15%

    Ontario

    5.05%

    Base amount $13,808 $10,162
    Canada Caregiver amount $ 2,295 Nil
    Total $16,103 $10,162
    Less: Dependant’s Net Income (           ) (in excess of $924)
    Claim under Line 30400 XXXXXX XXXXXX

    And
    The Canada Caregiver amount of up to $7,348 for Federal tax purposes (and up to $5,128 for Ontario) on line 30425 depending on the Net income of the dependant and any claim on line 30400.

    2021 Canada Caregiver amount: Line 30425

    Federal

    15%

    Federal- Income reduction

    Ontario

    5.05%

    Ontario- Income reduction 
    Base amount less $7,348   $5,128  
    Dependant’s Net Income   Net Income   Net Income
    Income Threshold   ($17,256)   ($17,544)
    Excess Net Income (          )   (          )  
    Claim under line 30400 (XXXX)   (XXXX)  
    Canada Caregiver Credit Reduced Base*tax rate        
  2. The Supporting Person supports a dependant who is 18 years of age and over at the end of the year; and

    The Supporting Person is eligible to make a claim for the Canada Caregiver Amount on line 30450 for this dependant.

    The Supporting Person can claim the Canada Caregiver amount of up to $7,348 for Federal tax purposes (and up to $5,128 for Ontario), depending on the net income of the dependant.

    2021 Canada Caregiver amount: Line 30450

    Federal

    15%

    Federal-

    Income reduction

    Ontario

    5.05%

    Ontario- Income reduction
    Base Amount less $7,348   $5,128  
    Dependant’s Net Income   Net Income   Net Income
    Income Threshold   ($17,256)   ($17,544)
    Excess Income (            )   (            )  

    Canada Caregiver Credit

    Reduced Base*tax rate

           
  3. The Supporting Person, who is single, supports an Eligible Dependant who is under 18 years of age at the end of the year; and

    The Supporting Person is eligible to make a claim  for an Eligible Dependant on line 30400 for the Dependant.

    The Supporting Person can claim the Federal Canada Caregiver amount of $2,295 on line 30400 (there is no Ontario Canada Caregiver amount) and the Federal tax credit is $344.

  4. The Supporting Person supports an infirm child who is under 18 years of age at the end of the year; and

    The child lived with both the Supporting Person and the spouse or common-law partner.

    The Supporting Person can claim the Federal Canada Caregiver amount $2,295 on line 30500 (there is no Ontario Canada Caregiver amount) and the Federal tax credit is $344.

Home Accessibility Tax Credit (HATC): Line 31285

The HATC is a non-refundable tax credit that is available to “qualifying individuals” who are:

  • individuals who are over the age of 65 or
  • individuals who are eligible for the DTC.

The HATC is based on qualifying expenses incurred for work done or goods purchased in respect of a qualifying renovation of a housing unit located in Canada. The housing unit must be the principal residence for the qualifying individual. The renovation must allow the qualifying individual to gain access to, or to be mobile or functional within the housing unit.

The HATC base amount is the lesser of $10,000 and the amount of the qualifying expenses.

Ontario does not have an equivalent HATC.

Some expenditures that qualify for the HATC can also qualify for Medical Expense Tax Credit (METC). The same expenditure can be used to qualify for two separate credits, the HATC and the METC

2021 HATC

Line 31285

Federal

Tax rate: 15%

Ontario
Lesser of: Qualifying expenses and XXXXXX  
Base amount $10,000 Nil
Lesser Amount    
HATC: Lesser amount*tax rate    

Who else can claim the unused HATC:

An eligible individual is any of the following:

  1. a spouse or common-law partner of a qualifying individual
  2. a parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew or niece of a qualifying individual, or of the qualifying individual’s (spouse or common-law partner) that has claimed the amount for an “eligible dependant,” “caregiver amount,” or amount for an “infirm dependent age 18 or older” for the qualifying individual, or could have claimed such an amount if:
    • the qualifying individual had no income
    • for a qualifying individual who is a child, if that child had been 18 years of age or older in the tax year
    • in the case of the “eligible dependant” amount, the individual was not married and not in a common-law partnership
    • in the case of the amount for an “infirm dependant age 18 or older,” where the qualifying individual who is 65 years of age or older at the end of a year, and is not eligible to claim the disability tax credit, the qualifying individual was dependent on the individual because of mental or physical infirmity
  3. if (2) does not apply, an individual who is entitled to claim the disability amount for the qualifying individual, or would be entitled if no amount was claimed for the year by the qualifying individual or the qualifying individual’s spouse or common-law partner
Medical Expense Tax Credit (METC): Lines 33099, 33199

An individual can claim a non-refundable tax credit for medical expenses paid by the individual or the spouse or common-law partner.

There are two separate calculations:

  1. Line 33099: The first calculation is for medical expenses paid in respect of:
    • the individual
    • the spouse or common-law partner
    • children under the age of 18

    The formula:

    The amount by which the eligible medical expenses in respect of the above listed people exceeds the lesser of the following two amounts:

    • a fixed amount; and
    • 3% of the individual’s net income for the year.
    Medical Expense Tax Credit – 2021 Line 33099 Federal Tax rate: 15% Ontario Tax rate: 5.05%
    Excess of Eligible medical expenses over    
    Lesser of: Fixed amount; and $2,421 $2,463
    3% Individual’s Net Income    
    Excess    
    METC (Excess*tax rate)    
  2. Line 33199: The second calculation is for medical expenses paid for other eligible dependants.

    For this purpose, a dependant of an individual for a particular tax year is defined to be a person who is:

    • a child, grandchild, parent, grandparent, brother, sister, uncle, aunt, niece or nephew of the individual or of the individual’s spouse or common-law partner;
    • dependent on the individual for support at some time in the year; and
    • a resident of Canada at some time in the year (unless the dependant is the child or grandchild or spouse or common-law partner of the individual)

    The formula:

    The amount by which the individual’s eligible medical expenses in respect of the dependant exceeds the lesser of:

    • a fixed amount; and
    • 3% of the dependant’s net income for the year
    Medical expense tax credit – 2021 Line 33199 Federal:  Tax rate 15% Ontario: Tax rate 5.05%
    Excess of Eligible Medical expenses over    
    Lesser of: Fixed amount; and $2,421 $2,463
    3% of dependant’s net income    
    Excess    
    METC: Excess*tax rate    

[Ontario: Maximum Eligible Medical Expense for other dependants is $13,274]

General rules:

  • Generally, all eligible medical expensescan be claimed, even if they were incurred outside of Canada.  When medical expenses are reimbursed by an insurance plan, only the portion not reimbursed can be claimed
  • Medical expenses can be claimed if they were paid within any 12-month period ending in the calendar year.

Interaction between the METC and the DTC and other deductions

  • As mentioned in the section about the DTC, where any person claims the remuneration for an attendant or for care in a nursing home for the person with a disability for purposes of the METC, no one can claim the DTC
    • There is an exception where the amount claimed as an eligible medical expense is the lesser of the amount paid as remuneration and $10,000, the DTC may also be claimed. (For residents of Ontario, the provincial limit is $15,046).
  • Where the medical expenses are claimed as eligible medical expense for purposes of the METC, these medical expenses must not have been used in calculating the individual’s disability supports deduction.

Special rules that allow the medical expenses to be claimed for more than one tax credit:

  • As mentioned in the section about the Home Accessibility Tax Credit (HATC), some expenditures that qualify for the HATC can also qualify for METC.
Disability Support Expense: Line 21500

If an individual has an impairment in physical or mental functions, the individual may be able to deduct the expenses paid in the year so that the individual is able to:

  • work
  • go to school
  • do research for which a grant was received

The list of eligible expenses includes Attendant expenses.  Please see https://www.canada.ca/…/line-21500-disability-supports-deduction.html

The individual should use Form T929, Disability Supports Deduction, to calculate the deduction.

How to claim the Disability Support Expense:

The Disability Support Expense is an expense, not a tax credit, and is used as a deduction to calculate Net Income.

The individual should enter the amount from line 12 of Form T929, Disability Supports Deduction, on line 21500 of the tax return.

Expenses must be claimed in the same year they are paid.

Unused amounts cannot be applied to another year.

The individual cannot claim amounts for which anyone was reimbursed or entitled to be reimbursed by a non-taxable payment, such as insurance

Interaction between Disability Support Expenses and METC

The individual cannot claim amounts that were claimed by any person as medical expenses (lines 33099 or 33199) as Disability Support expenses. This includes Attendant expenses.

However, the individual can claim the medical expense on either line 21500 (Disability Support expenses) or line 33099 (Medical expenses under the first calculation). They could also split the claim between these two lines, as long as the total amount claimed is not than the total expense.

The Federal Refundable Medical Expense Supplement: Line 45200
The Federal Refundable Medical Expense Supplement is a refundable tax credit available to working individuals with low incomes and high medical expenses. All of the following conditions must apply:

  • The individual made a claim for medical expenses on line 33200 or for the disability supports deduction on line 21500.
  • The individual was a resident in Canada throughout 2021.
  • The individual was 18 years of age or older at the end of 2021
  • The individual must have employment or self-employment income exceeding $3,751.

For 2021, the maximum Refundable Medical Expense Supplement:

The lesser of:

  • $1,285, or
  • 25% of both medical expenses (line 33200) and disability supports expenses (line 21500)

Less

5% of combined net income (taxpayer and spouse) in excess of $28,446

The Refundable medical expense supplement is eliminated when the combined net income reaches $54,146.

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