I-3 - Taxation Act

Section 1102.4 Disposition versions

2010-10-27

1102.4. For the purposes of sections 1097, 1102 and 1102.1, excluded property of a person not resident in Canada means

(a)  a property that is taxable Québec property solely because a provision of this Act deems it to be a taxable Québec property;

(a.1)  property, other than an immovable property situated in Québec, a Québec resource property within the meaning of subparagraph d of the first paragraph of section 1089 or a Québec timber resource property within the meaning of subparagraph e of the first paragraph of that section, that is used in Québec by the person and included in the inventory of a business;

(b)  a security listed on a recognized stock exchange, that is

i.  a share of a class of shares of the capital stock of a corporation, or

ii.  an investment in a SIFT wind-up entity;

(c)  a unit of a mutual fund trust;

(d)  a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation;

(e)  property of an insurer not resident in Canada that

i.  is licensed or otherwise authorized under the laws of Canada or a province to carry on an insurance business in Canada, and

ii.  carries on an insurance business, within the meaning of section 817, in Canada;

(f)  property of an authorized foreign bank that carries on a Canadian banking business;

(g)  an option in respect of property referred to in any of paragraphs a to f whether or not such property is in existence;

(h)  an interest in property referred to in any of paragraphs a to g; and

(i)  a property that is, at the time of its disposition, a tax-agreement-exempt property, within the meaning of section 1102.5, of the person.

2001, c. 7, s. 160; 2004, c. 8, s. 195; 2005, c. 1, s. 280; 2009, c. 5, s. 505; 2009, c. 15, s. 373; 2010, c. 5, s. 189; 2010, c. 25, s. 196.

2010-04-20

1102.4. For the purposes of sections 1097, 1102 and 1102.1, excluded property of a person not resident in Canada means

(a)  a property that is taxable Québec property solely because a provision of this Act deems it to be a taxable Québec property;

(a.1)  property, other than an immovable property situated in Québec, a Québec resource property within the meaning of subparagraph d of the first paragraph of section 1089 or a Québec timber resource property within the meaning of subparagraph e of the first paragraph of that section, that is used in Québec by the person and included in the inventory of a business;

(b)  a share of a class of shares of the capital stock of a corporation listed on a recognized stock exchange;

(c)  a unit of a mutual fund trust;

(d)  a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation;

(e)  property of an insurer not resident in Canada that

i.  is licensed or otherwise authorized under the laws of Canada or a province to carry on an insurance business in Canada, and

ii.  carries on an insurance business, within the meaning of section 817, in Canada;

(f)  property of an authorized foreign bank that carries on a Canadian banking business;

(g)  an option in respect of property referred to in any of paragraphs a to f whether or not such property is in existence;

(h)  an interest in property referred to in any of paragraphs a to g; and

(i)  a property that is, at the time of its disposition, a tax-agreement-exempt property, within the meaning of section 1102.5, of the person.

2001, c. 7, s. 160; 2004, c. 8, s. 195; 2005, c. 1, s. 280; 2009, c. 5, s. 505; 2009, c. 15, s. 373; 2010, c. 5, s. 189.

2009-06-04

1102.4. For the purposes of sections 1097, 1102 and 1102.1, excluded property of a person not resident in Canada means

(a)  a property that is taxable Québec property solely because a provision of this Act deems it to be a taxable Québec property;

(a.1)  property, other than an immovable property situated in Québec, a Québec resource property within the meaning of subparagraph d of the first paragraph of section 1089 or a Québec timber resource property within the meaning of subparagraph e of the first paragraph of that section, that is used in Québec by the person and included in the inventory of a business;

(b)  a share of a class of shares of the capital stock of a corporation listed on a Canadian stock exchange or a foreign stock exchange;

(c)  a unit of a mutual fund trust;

(d)  a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation;

(e)  property of an insurer not resident in Canada that

i.  is licensed or otherwise authorized under the laws of Canada or a province to carry on an insurance business in Canada, and

ii.  carries on an insurance business, within the meaning of section 817, in Canada;

(f)  property of an authorized foreign bank that carries on a Canadian banking business;

(g)  an option in respect of property referred to in any of paragraphs a to f whether or not such property is in existence;

(h)  an interest in property referred to in any of paragraphs a to g; and

(i)  a property that is, at the time of its disposition, a tax-agreement-exempt property, within the meaning of section 1102.5, of the person.

2001, c. 7, s. 160; 2004, c. 8, s. 195; 2005, c. 1, s. 280; 2009, c. 5, s. 505; 2009, c. 15, s. 373.

2009-05-15

1102.4. For the purposes of sections 1097, 1102 and 1102.1, excluded property of a person not resident in Canada means

(a)  a property that is taxable Québec property solely because a provision of this Act deems it to be a taxable Québec property;

(a.1)  property, other than an immovable property situated in Québec, a Québec resource property within the meaning of subparagraph d of the first paragraph of section 1089 or a Québec timber resource property within the meaning of subparagraph e of the first paragraph of that section, that is used in Québec by the person and included in the inventory of a business;

(b)  a share of a class of shares of the capital stock of a corporation listed on a Canadian stock exchange or a foreign stock exchange;

(c)  a unit of a mutual fund trust;

(d)  a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation;

(e)  property of an insurer not resident in Canada that

i.  is licensed or otherwise authorized under the laws of Canada or a province to carry on an insurance business in Canada, and

ii.  carries on an insurance business, within the meaning of section 817, in Canada;

(f)  property of an authorized foreign bank that carries on a Canadian banking business;

(g)  an option in respect of property referred to in any of paragraphs a to f whether or not such property is in existence; and

(h)  an interest in property referred to in any of paragraphs a to g.

2001, c. 7, s. 160; 2004, c. 8, s. 195; 2005, c. 1, s. 280; 2009, c. 5, s. 505.

2006-03-01

1102.4. For the purposes of sections 1097, 1102 and 1102.1, excluded property of a person not resident in Canada means

(a)  a property that is taxable Québec property solely because a provision of this Act deems it to be a taxable Québec property;

(a.1)  property, other than an immovable property situated in Québec, a Québec resource property within the meaning of subparagraph d of the first paragraph of section 1089 or a Québec timber resource property within the meaning of subparagraph e of the first paragraph of that section, that is used in Québec by the person and included in the inventory of a business;

(b)  a share of a class of shares of the capital stock of a corporation listed on a Canadian stock exchange or a foreign stock exchange;

(c)  a unit of a mutual fund trust;

(d)  a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation;

(e)  property of an insurer not resident in Canada that

i.  is licensed or otherwise authorized under the laws of Canada or a province to carry on an insurance business in Canada, and

ii.  carries on an insurance business, within the meaning of section 817, in Canada;

(f)  property of an authorized foreign bank that is used or held in the course of the bank’s Canadian banking business;

(g)  an option in respect of property referred to in any of paragraphs a to f whether or not such property is in existence; and

(h)  an interest in property referred to in any of paragraphs a to g.

2001, c. 7, s. 160; 2004, c. 8, s. 195; 2005, c. 1, s. 280.