I-4 - Act respecting the application of the Taxation Act

Section 36 Disposition versions

2019-06-19

36. Where, as a result of a transaction made after 31 December 1971, a taxpayer has or may become entitled to receive an amount (in this chapter referred to as the “actual amount”) that may reasonably be considered to be consideration received by the taxpayer for the disposition of, or for allowing the expiration of, a government right, in respect of a business carried on by the taxpayer throughout the period beginning on 1 January 1972 and ending immediately after the transaction, for the purposes of the Taxation Act (chapter I-3), the amount that the taxpayer has or may become entitled to receive is deemed to be equal to the amount by which the actual amount exceeds the amount described in section 37.

1972, c. 24, s. 50; 1973, c. 17, s. 144; 1978, c. 26, s. 221; 2019, c. 14, s. 471.

1978-12-22

36. Where, pursuant to a transaction made after 1971, an amount becomes receivable by a taxpayer in respect of a business that he has carried on throughout the period beginning on 1 January 1972 and ending immediately after the transaction, for the purposes of sections 105 to 110.1 of the Taxation Act (chapter I-3), such amount is deemed equal to the aggregate of the amount computed under section 37 and the product obtained when the excess of such receivable amount, over the part of it contemplated in paragraph a of the said section, is multiplied by a percentage equal to 40% plus 5% for each full calendar year that ended in that period and before that transaction, such additional percentage not however exceeding 60%.

1972, c. 24, s. 50; 1973, c. 17, s. 144; 1978, c. 26, s. 221.

1977-12-31

36. Where an amount contemplated in section 105 of the Taxation Act becomes payable to a taxpayer in respect of a business that he has carried on throughout the period beginning on 1 January 1972 and ending immediately after the transaction making that amount payable, such amount is deemed equal to the aggregate of the amount computed under section 37 and the product obtained when the excess of such payable amount, for the part of it contemplated in paragraph a of the said section, is multiplied by a percentage equal to 40 per cent plus 5 per cent for each full calendar year that ended in that period and before that transaction, such additional percentage not however exceeding 60 per cent.

1972, c. 24, s. 50; 1973, c. 17, s. 144.