I-3 - Taxation Act

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1091. The taxable income earned in Canada by an individual referred to in section 26 is equal to the amount by which the aggregate of the income referred to in section 1090 and the amount that, had the individual been resident in Québec throughout the year, would be included under section 313.8 in computing the individual’s income for the year, exceeds the aggregate of
(a)  the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4, to the extent that they relate to amounts included in computing the individual’s income earned in Canada under section 1090;
(b)  such of the deductions permitted by sections 727, 728.1, 729, 731 and 733.0.0.1 as may reasonably be considered to be applicable to the services the individual rendered in an office or employment in Canada, to an establishment in Canada of a business carried on by the individual in Canada or to a disposition of property, any income or gain on which would have been required to be included in computing the individual’s income earned in Canada under section 1090;
(b.1)  the deduction permitted by section 1091.0.1; and
(c)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in computing the individual’s taxable income earned in Canada for the year, determined with reference to the second paragraph, such of the other deductions from income, except the deductions described in sections 737.16, 737.18.10, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.4.7, 737.22.0.7, 737.22.0.10 and 737.22.0.13, permitted for the purpose of computing the individual’s taxable income as may reasonably be considered wholly applicable.
For the purposes of subparagraph c of the first paragraph, the taxable income earned in Canada by an individual for a taxation year is determined as if section 1090 were read for the year without reference to its second and third paragraphs and as if subparagraph a of the first paragraph of that section were replaced, for the year, by the following subparagraph:
“(a) the aggregate of the income from the duties of offices or employments performed by the individual in Canada and the income from the duties of offices or employments performed by the individual outside Canada if the individual was resident in Canada at the time the individual performed the duties;”.
1972, c. 23, s. 815; 1984, c. 15, s. 238; 1985, c. 25, s. 161; 1986, c. 19, s. 198; 1987, c. 21, s. 84; 1987, c. 67, s. 197; 1988, c. 4, s. 142; 1989, c. 5, s. 237; 1989, c. 77, s. 107; 1993, c. 64, s. 184; 1995, c. 1, s. 183; 1996, c. 39, s. 259; 1997, c. 85, s. 300; 1999, c. 83, s. 239; 1999, c. 86, s. 88; 2000, c. 39, s. 264; 2001, c. 53, s. 245; 2002, c. 40, s. 231; 2003, c. 9, s. 387; 2004, c. 8, s. 187; 2006, c. 36, s. 217; 2010, c. 25, s. 195; 2013, c. 10, s. 152; 2015, c. 36, s. 156; 2021, c. 14, s. 188; 2022, c. 23, s. 129.
1091. The taxable income earned in Canada by an individual referred to in section 26 is equal to the amount by which the aggregate of the income referred to in section 1090 and the amount that, had the individual been resident in Québec throughout the year, would be included under section 313.8 in computing the individual’s income for the year, exceeds the aggregate of
(a)  the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4, to the extent that they relate to amounts included in computing the individual’s income earned in Canada under section 1090;
(b)  such of the deductions permitted by sections 727, 728.1, 729, 731 and 733.0.0.1 as may reasonably be considered to be applicable to the services the individual rendered in an office or employment in Canada, to an establishment in Canada of a business carried on by the individual in Canada or to a disposition of property, any income or gain on which would have been required to be included in computing the individual’s income earned in Canada under section 1090;
(b.1)  the deduction permitted by section 1091.0.1; and
(c)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in computing the individual’s taxable income earned in Canada for the year, determined with reference to the second paragraph, such of the other deductions from income, except the deductions described in sections 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.4.7, 737.22.0.7, 737.22.0.10 and 737.22.0.13, permitted for the purpose of computing the individual’s taxable income as may reasonably be considered wholly applicable.
For the purposes of subparagraph c of the first paragraph, the taxable income earned in Canada by an individual for a taxation year is determined as if section 1090 were read for the year without reference to its second, third and fourth paragraphs and as if subparagraph a of the first paragraph of that section were replaced, for the year, by the following subparagraph:
“(a) the aggregate of the income from the duties of offices or employments performed by the individual in Canada and the income from the duties of offices or employments performed by the individual outside Canada if the individual was resident in Canada at the time the individual performed the duties;”.
1972, c. 23, s. 815; 1984, c. 15, s. 238; 1985, c. 25, s. 161; 1986, c. 19, s. 198; 1987, c. 21, s. 84; 1987, c. 67, s. 197; 1988, c. 4, s. 142; 1989, c. 5, s. 237; 1989, c. 77, s. 107; 1993, c. 64, s. 184; 1995, c. 1, s. 183; 1996, c. 39, s. 259; 1997, c. 85, s. 300; 1999, c. 83, s. 239; 1999, c. 86, s. 88; 2000, c. 39, s. 264; 2001, c. 53, s. 245; 2002, c. 40, s. 231; 2003, c. 9, s. 387; 2004, c. 8, s. 187; 2006, c. 36, s. 217; 2010, c. 25, s. 195; 2013, c. 10, s. 152; 2015, c. 36, s. 156; 2021, c. 14, s. 188.
1091. The taxable income earned in Canada by an individual referred to in section 26 is equal to the amount by which the aggregate of the income referred to in section 1090 and the amount that, had the individual been resident in Québec throughout the year, would be included under section 313.8 in computing the individual’s income for the year, exceeds the aggregate of
(a)  the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4, to the extent that they relate to amounts included in computing the individual’s income earned in Canada under section 1090;
(b)  such of the deductions permitted by sections 727, 728.1, 729, 731 and 733.0.0.1 as may reasonably be considered to be applicable to the services the individual rendered in an office or employment in Canada, to an establishment in Canada of a business carried on by the individual in Canada or to a disposition of property, any income or gain on which would have been required to be included in computing the individual’s income earned in Canada under section 1090;
(b.1)  the deduction permitted by section 1091.0.1; and
(c)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in computing the individual’s taxable income earned in Canada for the year, determined with reference to the second paragraph, such of the other deductions from income, except the deductions described in sections 726.33, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.4.7, 737.22.0.7, 737.22.0.10 and 737.22.0.13, permitted for the purpose of computing the individual’s taxable income as may reasonably be considered wholly applicable.
For the purposes of subparagraph c of the first paragraph, the taxable income earned in Canada by an individual for a taxation year is determined as if section 1090 were read for the year without reference to its second, third and fourth paragraphs and as if subparagraph a of the first paragraph of that section were replaced, for the year, by the following subparagraph:
“(a) the aggregate of the income from the duties of offices or employments performed by the individual in Canada and the income from the duties of offices or employments performed by the individual outside Canada if the individual was resident in Canada at the time the individual performed the duties;”.
1972, c. 23, s. 815; 1984, c. 15, s. 238; 1985, c. 25, s. 161; 1986, c. 19, s. 198; 1987, c. 21, s. 84; 1987, c. 67, s. 197; 1988, c. 4, s. 142; 1989, c. 5, s. 237; 1989, c. 77, s. 107; 1993, c. 64, s. 184; 1995, c. 1, s. 183; 1996, c. 39, s. 259; 1997, c. 85, s. 300; 1999, c. 83, s. 239; 1999, c. 86, s. 88; 2000, c. 39, s. 264; 2001, c. 53, s. 245; 2002, c. 40, s. 231; 2003, c. 9, s. 387; 2004, c. 8, s. 187; 2006, c. 36, s. 217; 2010, c. 25, s. 195; 2013, c. 10, s. 152; 2015, c. 36, s. 156.
1091. The taxable income earned in Canada by an individual referred to in section 26 is equal to the amount by which the aggregate of the income referred to in section 1090 and the amount that, had the individual been resident in Québec throughout the year, would be included under section 313.8 in computing the individual’s income for the year, exceeds the aggregate of
(a)  the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4, to the extent that they relate to amounts included in computing the individual’s income earned in Canada under section 1090;
(b)  such of the deductions permitted by sections 727, 728.1, 729, 731 and 733.0.0.1 as may reasonably be considered to be applicable to the services the individual rendered in an office or employment in Canada, to an establishment in Canada of a business carried on by the individual in Canada or to a disposition of property, any income or gain on which would have been required to be included in computing the individual’s income earned in Canada under section 1090;
(b.1)  the deduction permitted by section 1091.0.1; and
(c)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in the computation of the individual’s taxable income earned in Canada for the year, such of the other deductions from income, except the deductions described in sections 726.33, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.4.7, 737.22.0.7, 737.22.0.10 and 737.22.0.13, permitted for the purpose of computing the individual’s taxable income as may reasonably be considered wholly applicable.
1972, c. 23, s. 815; 1984, c. 15, s. 238; 1985, c. 25, s. 161; 1986, c. 19, s. 198; 1987, c. 21, s. 84; 1987, c. 67, s. 197; 1988, c. 4, s. 142; 1989, c. 5, s. 237; 1989, c. 77, s. 107; 1993, c. 64, s. 184; 1995, c. 1, s. 183; 1996, c. 39, s. 259; 1997, c. 85, s. 300; 1999, c. 83, s. 239; 1999, c. 86, s. 88; 2000, c. 39, s. 264; 2001, c. 53, s. 245; 2002, c. 40, s. 231; 2003, c. 9, s. 387; 2004, c. 8, s. 187; 2006, c. 36, s. 217; 2010, c. 25, s. 195; 2013, c. 10, s. 152.
1091. The taxable income earned in Canada by an individual referred to in section 26 is equal to the amount by which the aggregate of the income referred to in section 1090 and the amount that, had the individual been resident in Québec throughout the year, would be included under section 313.8 in computing the individual’s income for the year, exceeds the aggregate of
(a)  the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4, to the extent that they relate to amounts included in computing the individual’s income earned in Canada under section 1090;
(b)  such of the deductions permitted by sections 727, 728.1, 729, 731 and 733.0.0.1 as may reasonably be considered to be applicable to the services the individual rendered in an office or employment in Canada, to an establishment in Canada of a business carried on by the individual in Canada or to a disposition of property, any income or gain on which would have been required to be included in computing the individual’s income earned in Canada under section 1090;
(b.1)  the deduction permitted by section 1091.0.1; and
(c)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in the computation of the individual’s taxable income earned in Canada for the year, such of the other deductions from income, except the deductions described in sections 726.33, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.22.0.10 and 737.22.0.13, permitted for the purpose of computing the individual’s taxable income as may reasonably be considered wholly applicable.
1972, c. 23, s. 815; 1984, c. 15, s. 238; 1985, c. 25, s. 161; 1986, c. 19, s. 198; 1987, c. 21, s. 84; 1987, c. 67, s. 197; 1988, c. 4, s. 142; 1989, c. 5, s. 237; 1989, c. 77, s. 107; 1993, c. 64, s. 184; 1995, c. 1, s. 183; 1996, c. 39, s. 259; 1997, c. 85, s. 300; 1999, c. 83, s. 239; 1999, c. 86, s. 88; 2000, c. 39, s. 264; 2001, c. 53, s. 245; 2002, c. 40, s. 231; 2003, c. 9, s. 387; 2004, c. 8, s. 187; 2006, c. 36, s. 217; 2010, c. 25, s. 195.
1091. The taxable income earned in Canada by an individual referred to in section 26 is equal to the amount by which the aggregate of the income referred to in section 1090 and the amount that, had the individual been resident in Québec throughout the year, would be included under section 313.8 in computing the individual’s income for the year, exceeds the aggregate of
(a)  the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4, to the extent that they relate to amounts included in computing the individual’s income earned in Canada under section 1090;
(b)  such of the deductions permitted by sections 727, 728.1, 729, 731 and 733.0.0.1 as may reasonably be considered to be applicable to the services the individual rendered in an office or employment in Canada, to an establishment in Canada of a business carried on by the individual in Canada or to a disposition of property, any income or gain on which would have been required to be included in computing the individual’s income earned in Canada under section 1090;
(b.1)  the deduction permitted by section 1091.0.1; and
(c)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in the computation of the individual’s taxable income earned in Canada for the year, such of the other deductions from income, except the deductions described in sections 726.33, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.28, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.22.0.10 and 737.22.0.13, permitted for the purpose of computing the individual’s taxable income as may reasonably be considered wholly applicable.
1972, c. 23, s. 815; 1984, c. 15, s. 238; 1985, c. 25, s. 161; 1986, c. 19, s. 198; 1987, c. 21, s. 84; 1987, c. 67, s. 197; 1988, c. 4, s. 142; 1989, c. 5, s. 237; 1989, c. 77, s. 107; 1993, c. 64, s. 184; 1995, c. 1, s. 183; 1996, c. 39, s. 259; 1997, c. 85, s. 300; 1999, c. 83, s. 239; 1999, c. 86, s. 88; 2000, c. 39, s. 264; 2001, c. 53, s. 245; 2002, c. 40, s. 231; 2003, c. 9, s. 387; 2004, c. 8, s. 187; 2006, c. 36, s. 217.
1091. The taxable income earned in Canada by an individual referred to in section 26 is equal to the amount by which the aggregate of the income referred to in section 1090 and the amount that, had the individual been resident in Québec throughout the year, would be included under section 313.8 in computing the individual’s income for the year, exceeds the aggregate of
(a)  the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4, to the extent that they relate to amounts included in computing the individual’s income earned in Canada under section 1090;
(b)  such of the deductions permitted by sections 727, 728.1, 729, 731 and 733.0.0.1 as may reasonably be considered to be applicable to the services the individual rendered in an office or employment in Canada, to an establishment in Canada of a business carried on by the individual in Canada or to a disposition of property, any income or gain on which would have been required to be included in computing the individual’s income earned in Canada under section 1090;
(b.1)  the deduction permitted by section 1091.0.1; and
(c)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in the computation of the individual’s taxable income earned in Canada for the year, such of the other deductions from income, except the deductions described in sections 737.14, 737.16, 737.16.1, 737.18.10, 737.18.28, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7 and 737.22.0.10, permitted for the purpose of computing the individual’s taxable income as may reasonably be considered wholly applicable.
1972, c. 23, s. 815; 1984, c. 15, s. 238; 1985, c. 25, s. 161; 1986, c. 19, s. 198; 1987, c. 21, s. 84; 1987, c. 67, s. 197; 1988, c. 4, s. 142; 1989, c. 5, s. 237; 1989, c. 77, s. 107; 1993, c. 64, s. 184; 1995, c. 1, s. 183; 1996, c. 39, s. 259; 1997, c. 85, s. 300; 1999, c. 83, s. 239; 1999, c. 86, s. 88; 2000, c. 39, s. 264; 2001, c. 53, s. 245; 2002, c. 40, s. 231; 2003, c. 9, s. 387; 2004, c. 8, s. 187.