I-3 - Taxation Act

Section 1175.29 Disposition versions

2007-11-07

1175.29. In this Part,

“eligible asset” of the operator of a telecommunications system means an immovable subject to tax that is part of the operator’s system and that

(a)  is acquired or leased by the operator after 31 December 2005, but is not an immovable acquired or leased pursuant to an obligation in writing entered into before 1 January 2006 or the construction of which had begun before that date;

(b)  begins to be used within a reasonable time after being so acquired or leased;

(c)  is used mainly in the course of carrying on a business; and

(d)  was not, before being acquired, used for any purpose or acquired to be used or leased for any purpose whatever; or

(e)  was not, before being first leased as described in paragraph a, used for any purpose nor acquired to be used or leased for any purpose whatever other than to be so leased and the operator has never ceased leasing the property since its being so leased;

“financial statements” means the financial statements prepared in accordance with generally accepted accounting principles which, in the case of the financial statements of a corporation, are submitted to the shareholders of the corporation or, in the case of the financial statements of a partnership, are submitted to the members of the partnership, or, if such financial statements have not been prepared or have not been prepared in accordance with generally accepted accounting principles, such financial statements if they had been prepared in accordance with generally accepted accounting principles;

“fiscal period” has the meaning assigned by Part I;

“immovable subject to tax” means an immovable situated in Québec that must not be entered on the property assessment roll under any of sections 66 to 68 of the Act respecting municipal taxation (chapter F-2.1) or land that is the site of such an immovable and that is described in paragraph 7 of section 204 of that Act;

“lessee” of an immovable subject to tax means the person or partnership that pays a remuneration to a lessor, in relation to the immovable, in connection with the use by the lessee of a telecommunications or gas distribution system or an electric power production, transmission or distribution system that includes the immovable;

“lessor” of an immovable subject to tax means the person or partnership that receives a remuneration from a lessee, in relation to the immovable, in connection with the use by the lessee of a telecommunications or gas distribution system or an electric power production, transmission or distribution system that includes the immovable;

“operator” means a person or partnership that operates or has operated a telecommunications or gas distribution system or an electric power production, transmission or distribution system certain immovables of which are immovables subject to tax;

“owner” of an immovable subject to tax means

(a)  the person or partnership that holds the right of ownership to that immovable, except in the cases provided for in paragraphs b to d;

(b)  the person or partnership that owns the immovable in the manner described in article 922 of the Civil Code, except in the cases provided for in paragraphs c and d;

(c)  the person or partnership that owns the immovable as institute under a substitution or emphyteutic lessee, or, if the immovable is land in the domain of the State, the person or partnership that occupies it under a promise of sale, occupation licence or location ticket; or

(d)  the person or partnership that owns the immovable as usufructuary otherwise than as a member of a group of usufructuaries each having a right of enjoyment periodically and successively in the immovable;

“person” or any word or expression meaning a person includes a corporation and a trust;

“telecommunications” means the transmission or broadcast of sound, images, signs, signals, data or messages by wire, cable, waves or other electric, electronic, magnetic, electromagnetic or optical means;

“trust” has the meaning assigned by section 1.

In this Part, the reference to a fiscal period ending in a calendar year includes a reference to a fiscal period the end of which coincides with the end of that calendar year.

2005, c. 23, s. 261; 2005, c. 38, s. 334; 2006, c. 13, s. 227; 2007, c. 12, s. 297.

2006-06-13

1175.29. In this Part,

“financial statements” means the financial statements prepared in accordance with generally accepted accounting principles which, in the case of the financial statements of a corporation, are submitted to the shareholders of the corporation or, in the case of the financial statements of a partnership, are submitted to the members of the partnership, or, if such financial statements have not been prepared or have not been prepared in accordance with generally accepted accounting principles, such financial statements if they had been prepared in accordance with generally accepted accounting principles;

“fiscal period” has the meaning assigned by Part I;

“immovable subject to tax” means an immovable situated in Québec that must not be entered on the property assessment roll under any of sections 66 to 68 of the Act respecting municipal taxation (chapter F-2.1) or land that is the site of such an immovable and that is described in paragraph 7 of section 204 of that Act;

“lessee” of an immovable subject to tax means the person or partnership that pays a remuneration to a lessor, in relation to the immovable, in connection with the use by the lessee of a telecommunications or gas distribution system or an electric power production, transmission or distribution system that includes the immovable;

“lessor” of an immovable subject to tax means the person or partnership that receives a remuneration from a lessee, in relation to the immovable, in connection with the use by the lessee of a telecommunications or gas distribution system or an electric power production, transmission or distribution system that includes the immovable;

“Minister” means the Minister of Revenue;

“operator” means a person or partnership that operates or has operated a telecommunications or gas distribution system or an electric power production, transmission or distribution system certain immovables of which are immovables subject to tax;

“owner” of an immovable subject to tax means

(a)  the person or partnership that holds the right of ownership to that immovable, except in the cases provided for in paragraphs b to d;

(b)  the person or partnership that owns the immovable in the manner described in article 922 of the Civil Code of Québec, except in the cases provided for in paragraphs c and d;

(c)  the person or partnership that owns the immovable as institute under a substitution or emphyteutic lessee, or, if the immovable is land in the domain of the State, the person or partnership that occupies it under a promise of sale, occupation licence or location ticket; or

(d)  the person or partnership that owns the immovable as usufructuary otherwise than as a member of a group of usufructuaries each having a right of enjoyment periodically and successively in the immovable;

“person” or any word or expression meaning a person includes a corporation and a trust;

“telecommunications” means the transmission or broadcast of sound, images, signs, signals, data or messages by wire, cable, waves or other electric, electronic, magnetic, electromagnetic or optical means;

“trust” has the meaning assigned by section 1.

In this Part, the reference to a fiscal period ending in a calendar year includes a reference to a fiscal period the end of which coincides with the end of that calendar year.

2005, c. 23, s. 261; 2005, c. 38, s. 334; 2006, c. 13, s. 227.

2006-03-01

1175.29. In this Part,

"financial statements" means the financial statements prepared in accordance with generally accepted accounting principles which, in the case of the financial statements of a corporation, are submitted to the shareholders of the corporation or, in the case of the financial statements of a partnership, are submitted to the members of the partnership, or, if such financial statements have not been prepared or have not been prepared in accordance with generally accepted accounting principles, such financial statements if they had been prepared in accordance with generally accepted accounting principles;

"fiscal period" has the meaning assigned by Part I;

"immovable subject to tax" means an immovable situated in Québec that must not be entered on the property assessment roll under any of sections 66 to 68 of the Act respecting municipal taxation (chapter F-2.1) or land that is the site of such an immovable and that is described in paragraph 7 of section 204 of that Act;

"lessee" of an immovable subject to tax means the person or partnership that pays a remuneration to a lessor, in relation to the immovable, in connection with the use by the lessee of a telecommunications or gas distribution system or an electric power production, transmission or distribution system that includes the immovable;

"lessor" of an immovable subject to tax means the person or partnership that receives a remuneration from a lessee, in relation to the immovable, in connection with the use by the lessee of a telecommunications or gas distribution system or an electric power production, transmission or distribution system that includes the immovable;

"Minister" means the Minister of Revenue;

"operator" means a person or partnership that operates a telecommunications or gas distribution system or an electric power production, transmission or distribution system certain immovables of which are immovables subject to tax;

"owner" of an immovable subject to tax means

(a)  the person or partnership that holds the right of ownership to that immovable, except in the cases provided for in paragraphs b to d;

(b)  the person or partnership that owns the immovable in the manner described in article 922 of the Civil Code of Québec, except in the cases provided for in paragraphs c and d;

(c)  the person or partnership that owns the immovable as institute under a substitution or emphyteutic lessee, or, if the immovable is land in the domain of the State, the person or partnership that occupies it under a promise of sale, occupation licence or location ticket; or

(d)  the person or partnership that owns the immovable as usufructuary otherwise than as a member of a group of usufructuaries each having a right of enjoyment periodically and successively in the immovable;

"person" or any word or expression meaning a person includes a corporation and a trust;

"telecommunications" means the transmission or broadcast of sound, images, signs, signals, data or messages by wire, cable, waves or other electric, electronic, magnetic, electromagnetic or optical means;

"trust" has the meaning assigned by section 1.

In this Part, the reference to a fiscal period ending in a calendar year includes a reference to a fiscal period the end of which coincides with the end of that calendar year.

2005, c. 23, s. 261; 2005, c. 38, s. 334.