I-3, r. 1 - Regulation respecting the Taxation Act

Section 818r28 Disposition versions

2017-04-12

818R28. (Revoked).

s. 818R21; O.C. 3926-80, s. 31; R.R.Q., 1981, c. I-3, r. 1, s. 818R21; O.C. 91-94, s. 69; O.C. 473-95, s. 21; O.C. 1707-97, s. 98; O.C. 1466-98, s. 72; O.C. 134-2009, s. 1; O.C. 321-2017, s. 36.

2012-09-01

818R28. The amount referred to in the first paragraph of section 818R27 in respect of an owner’s property means,

(a)  where the property is property that is acquired and disposed of in the same taxation year, a land or a share of a corporation other than a designated corporation, its cost to the owner;

(b)  where the property is a bond, a debenture, a hypothecary claim, a mortgage or an agreement of sale, other than a property that is acquired and disposed of in the same taxation year, its book value recorded in the books of the owner, as determined for the purposes of the Superintendent of Financial Institutions, or that would have been so determined if the owner had been a life insurer resident in Canada registered under the Insurance Companies Act (S.C. 1991, c. 47) for the purposes of carrying on an insurance business in Canada;

(c)  where the property is an amount on deposit to the owner’s credit with a corporation authorized to accept deposits or to offer services as a trustee, that amount;

(d)  where the property is depreciable property of a prescribed class, other than property that is acquired and disposed of in the same taxation year, the proportion of the undepreciated capital cost to the owner, at the time referred to in section 818R27, of property of that class, that the capital cost of the property to the owner is of the capital cost for the owner of all property of that class;

(e)  where the property is property that would have been depreciable property of a prescribed class if it had been situated in Canada and used or held in the year in the course of carrying on an insurance business in Canada, the amount by which its capital cost to the owner exceeds the amount of the total depreciation that would have been allowed to the owner, before the particular time referred to in section 818R27, in respect of the property if it had been the only depreciable property of that class and the owner had claimed the maximum amount allowable under paragraph a of section 130 of the Act in respect of property of that class for each year in which the owner owned the property; and

(f)  in all other cases, the maximum value of the property determined for the purposes of the Superintendent of Financial Institutions, or that would have been so determined if the owner had been a life insurer resident in Canada registered under the Insurance Companies Act for the purposes of carrying on an insurance business in Canada.

s. 818R21; O.C. 3926-80, s. 31; R.R.Q., 1981, c. I-3, r. 1, s. 818R21; O.C. 91-94, s. 69; O.C. 473-95, s. 21; O.C. 1707-97, s. 98; O.C. 1466-98, s. 72; O.C. 134-2009, s. 1.