A-25, r. 15 - Regulation respecting income

Section 12 Disposition versions

2012-09-01

12. To compute the amount equivalent to the income taxes according to the tables established under the Taxation Act (chapter I-3) and the Income Tax Act (S.C. 1970-71-72, c. 63), taxable income is the gross income computed in accordance with subdivision 2, minus:

(1)  the employee’s yearly premium payable under the Unemployment Insurance Act (R.S.C. 1985, c. U-1) and determined in accordance with section 14;

(2)  the yearly contributions applicable under the Act respecting the Québec Pension Plan (chapter R-9) and determined in accordance with section 14;

(3)  the annual amount of an alimentary pension actually being paid at the time of the accident, the deduction of which is permitted under the Taxation Act and the Income Tax Act, subject to the following maxima:

(a)  when the victim’s total income does not exceed the maximum gross income provided for by the Act, the total pension amount must be deducted; or

(b)  when the victim’s total income exceeds the maximum gross income provided for by the Act, only the amount obtained by multiplying fraction of the maximum gross income provided for by the Act over the victim’s total income must be deducted;

(4)  the personal exemption;

(5)  the married person’s exemption in cases where the victim has a spouse, without taking into account the latter’s income;

(6)  the exemption equivalent to the married person’s exemption when applicable under the Taxation Act or the Income Tax Act, if not already deducted, without taking into account the dependant’s income and, in cases where more than one person may be considered for such exemption, by choosing the person for which the dependant’s exemption is the lowest; and

(7)  the dependant’s exemption, when applicable under the Taxation Act and the Income Tax Act, without taking into account the dependant’s income, and excluding persons for whom a married person’s exemption, an exemption equivalent to the married person’s exemption or an alimentary pension has already been deducted.

The exemption amounts are those prescribed in the Taxation Act and the Income Tax Act. However, they must be computed taking into account the definition of spouse under subsection 7 of section 1 of the Act, and that of dependant under subsection 20 of section 1 of the Act.

The amount equivalent to the income tax is equal to the amount of income tax payable in accordance with the income tax tables taking into account the taxable income determined in the first paragraph.

R.R.Q., 1981, c. A-25, r. 11, s. 12.