Consolidated Statutes and Regulations
Consolidated Statutes
Consolidated Regulations
Annual Statutes and Regulations
Annual Statutes
Annual Regulations
Additional information
Québec Official Publisher
What’s new?
Information note
Policy of the Minister of Justice
Laws: Amendments
Laws: Provisions not in force
Laws: Provisions brought into force
Annual Statutes: PDF versions since 1996
Regulations: Amendments
Annual Regulations: PDF versions since 1996
Court Decisions
I-3 - Taxation Act
Section 851.16.2
Disposition versions
851.16.2. (Repealed).
2003, c. 2, s. 253; 2017, c. 12017, c. 1, s. 2461.
851.16.2. Where a capital gain or a capital loss is deemed by section 851.16 to be a capital gain or a capital loss of a holder of a segregated fund policy relating to a segregated fund trust or of another beneficiary of the trust, in this section referred to as the “taxpayer”, the following rules apply:
(a) if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred before 28 February 2000 and the taxation year of the taxpayer includes 27 February 2000, the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year and before 28 February 2000;
(b) if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, 9/8 of the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year;
(c) if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended after 17 October 2000, 9/8 of the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year and before 18 October 2000;
(d) if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred before 28 February 2000 and the taxation year of the taxpayer began after 17 October 2000, 3/2 of the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year;
(e) if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred after 27 February 2000 but before 18 October 2000 and the taxation year of the taxpayer began after 17 October 2000, 4/3 of the capital gain or capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year;
(f) if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred after 27 February 2000 but before 18 October 2000 and the taxation year of the taxpayer includes 28 February 2000 and 17 October 2000, the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year and in the period that began after 27 February 2000 and ended before 18 October 2000;
(g) if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred after 27 February 2000 but before 17 October 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended before 17 October 2000, the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year; and
(h) in any other case, the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition of capital property by the taxpayer in the taxpayer’s taxation year and after 17 October 2000.
