An individual incurred legal fees to recover in excess of $80,000 in Quebec workers’ compensation (CSST) payments. After finding that the legal fees were non-deductible, the Directorate stated:
In addition, CSST benefits paid retroactively must be included in income in the year they are received by virtue of paragraph 56(1)(v). They are then deducted in calculating taxable income under subparagraph 110(1)(f)(ii).
The receipt of a lump sum for CSST benefits may result in an amount payable under Part I.2 of the Income Tax Act that is different from the amount that would have been payable if the taxpayer had received these CSST benefits over a period of several years. Similarly, the fact that a lump sum amount is included in computing a taxpayer's net income and deductible in computing the taxpayer’s taxable income may affect certain credits and benefits provided for in the Act that are based on net income.