I-3 - Taxation Act

Section 646.0.1 Disposition versions

2024-05-07

646.0.1. For the purposes of this Title, a succession that is a graduated rate estate, of an individual at a particular time, is the succession that arose on and as a consequence of the individual’s death and that meets the following conditions:

(a)  the particular time is no more than 36 months after the death;

(b)  the succession is at the particular time a testamentary trust;

(c)  the individual’s Social Insurance Number (or if the individual had not, before the death, been assigned a Social Insurance Number, such other information as is acceptable to the Minister) is provided in the succession’s fiscal return under this Part for its taxation year that includes the particular time and for each of its earlier taxation years that ended after 31 December 2015;

(d)  the succession designates itself as the succession that is the graduated rate estate of the individual in its fiscal return under this Part for its first taxation year that ends after 31 December 2015; and

(e)  no other succession designates itself as the succession that is the graduated rate estate of the individual in a fiscal return under this Part for a taxation year that ends after 31 December 2015.

Where a succession is not resident in Québec on the last day of its first taxation year that begins after 31 December 2015 and it is, at a particular time, a succession that is a graduated rate estate, within the meaning of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the following rules apply:

(a)  it is deemed to be a succession that is a graduated rate estate at that time for the purposes of this Part; and

(b)  paragraph b of the definition of “taxation year” in section 1 is to be read as follows:

“(b) in the case of a succession that is a graduated rate estate, the particular period for which the succession’s accounts are made up for purposes of assessment under the Income Tax Act; and”.

2017, c. 1, s. 148; 2024, c. 11, s. 58.

2017-02-08

646.0.1. For the purposes of this Title, a succession that is a graduated rate estate, of an individual at a particular time, is the succession that arose on and as a consequence of the individual’s death and that meets the following conditions:

(a)  the particular time is no more than 36 months after the death;

(b)  the succession is at the particular time a testamentary trust;

(c)  the individual’s Social Insurance Number (or if the individual had not, before the death, been assigned a Social Insurance Number, such other information as is acceptable to the Minister) is provided in the succession’s fiscal return under this Part for its taxation year that includes the particular time and for each of its earlier taxation years that ended after 31 December 2015;

(d)  the succession designates itself as the succession that is the graduated rate estate of the individual in its fiscal return under this Part for its first taxation year that ends after 31 December 2015; and

(e)  no other succession designates itself as the succession that is the graduated rate estate of the individual in a fiscal return under this Part for a taxation year that ends after 31 December 2015.

2017, c. 1, s. 148.