I-3 - Taxation Act

Section 1055 Disposition versions

2017-02-08

1055. Section 1054 applies if, in the course of the administration of the succession of a deceased taxpayer that is a graduated rate estate, the legal representative of the deceased taxpayer disposes, within the first taxation year of the succession,

(a)  of the capital properties of the succession with the result that capital losses exceed capital gains; or

(b)  of all the depreciable properties of a prescribed class of the succession the undepreciated capital cost of which, at the end of the first taxation year of the succession, is deductible under section 130.1 or the regulations made under paragraph a of section 130 in computing the income of the succession for that year.

1972, c. 23, s. 779; 1972, c. 26, s. 75; 1974, c. 18, s. 35; 1975, c. 22, s. 239; 1978, c. 26, s. 207; 1987, c. 67, s. 190; 1988, c. 18, s. 126; 1998, c. 16, s. 251; 2009, c. 5, s. 496; 2017, c. 1, s. 348.

2009-05-15

1055. Section 1054 applies if, in the course of the administration of the succession of a deceased taxpayer, the legal representative of the deceased taxpayer disposes, within the first taxation year of the succession,

(a)  of the capital properties of the succession with the result that capital losses exceed capital gains; or

(b)  of all the depreciable properties of a prescribed class of the succession the undepreciated capital cost of which, at the end of the first taxation year of the succession, is deductible under section 130.1 or the regulations made under paragraph a of section 130 in computing the income of the succession for that year.

1972, c. 23, s. 779; 1972, c. 26, s. 75; 1974, c. 18, s. 35; 1975, c. 22, s. 239; 1978, c. 26, s. 207; 1987, c. 67, s. 190; 1988, c. 18, s. 126; 1998, c. 16, s. 251; 2009, c. 5, s. 496.

2006-03-01

1055. For the purposes of section 1054, the legal representative is that of a deceased taxpayer who, in the course of the administration of the succession of such taxpayer, disposes, within the first taxation year of the succession:

(a)  of the capital property of the succession with the result that capital losses exceed capital gains; or

(b)  of all depreciable property of a prescribed class of the succession the undepreciated capital cost of which, at the end of the first taxation year of the succession, is deductible under section 130.1 or the regulations made under paragraph a of section 130, in computing the income of the succession for that year.

1972, c. 23, s. 779; 1972, c. 26, s. 75; 1974, c. 18, s. 35; 1975, c. 22, s. 239; 1978, c. 26, s. 207; 1987, c. 67, s. 190; 1988, c. 18, s. 126; 1998, c. 16, s. 251.