I-3 - Taxation Act

Section 1055.1.2 Disposition versions

2017-02-08

1055.1.2. Despite any other provision of this Act, if the legal representative of a deceased taxpayer pays, in any taxation year (in this section referred to as the “repayment year”), an amount that would be deductible under section 78.1, but for this section, in computing, for the repayment year, the income of the succession that is a graduated rate estate, the amount is deemed to have been paid by the taxpayer in the taxpayer’s last taxation year and not to have been so paid by the legal representative.

The first paragraph applies only if the following conditions are met on or before the succession’s filing-due date for the repayment year:

(a)  the legal representative elects to have the first paragraph apply in respect of the amount paid; and

(b)  the legal representative files with the Minister an amended fiscal return in the name of the taxpayer for the taxation year in which the taxpayer died.

2011, c. 34, s. 111; 2017, c. 1, s. 350.

2011-12-09

1055.1.2. Despite any other provision of this Act, if the legal representative of a deceased taxpayer pays, in any taxation year (in this section referred to as the “repayment year”), an amount that would be deductible under section 78.1, but for this section, in computing the succession’s income for the repayment year, the amount is deemed to have been paid by the taxpayer in the taxpayer’s last taxation year and not to have been so paid by the legal representative.

The first paragraph applies only if the following conditions are met on or before the succession’s filing-due date for the repayment year:

(a)  the legal representative elects to have the first paragraph apply in respect of the amount paid; and

(b)  the legal representative files with the Minister an amended fiscal return in the name of the taxpayer for the taxation year in which the taxpayer died.

2011, c. 34, s. 111.