I-3 - Taxation Act

Section 1012.1 Disposition versions

2021-06-04

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.0.2)  section 776.1.21 in respect of the unused portion of the tax credit, within the meaning of section 776.1.19, for a subsequent taxation year;

(d.1.0.0.3)  section 776.1.29 in respect of the unused portion of the tax credit, within the meaning of section 776.1.27, for a subsequent taxation year;

(d.1.0.0.4)  section 776.1.39 in respect of the unused portion of the tax credit, within the meaning of section 776.1.36, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.0.2)  the second paragraph of section 915.2, section 924.2, the second paragraph of section 961.17.1 or any of sections 961.21.0.1, 965.0.25 and 965.0.30, in respect of a registered retirement savings plan, a registered retirement income fund or a pooled registered pension plan, with the understanding that an amount claimed as a deduction includes, for the purposes of this section, a reduction of an amount otherwise required to be included in computing a taxpayer’s income;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.1.2)  section 1029.8.36.166.60.52 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.60.36, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year;

(g)  the first paragraph of section 1055.1.2 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year; or

(h)  the first paragraph of section 1055.1.3 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186; 2010, c. 5, s. 131; 2011, c. 34, s. 64; 2015, c. 21, s. 359; 2015, c. 36, s. 69; 2017, c. 1, s. 262; 2021, c. 14, s. 119; 2021, c. 18, s. 89.

2021-06-02

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.0.2)  section 776.1.21 in respect of the unused portion of the tax credit, within the meaning of section 776.1.19, for a subsequent taxation year;

(d.1.0.0.3)  section 776.1.29 in respect of the unused portion of the tax credit, within the meaning of section 776.1.27, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.0.2)  the second paragraph of section 915.2, section 924.2, the second paragraph of section 961.17.1 or any of sections 961.21.0.1, 965.0.25 and 965.0.30, in respect of a registered retirement savings plan, a registered retirement income fund or a pooled registered pension plan, with the understanding that an amount claimed as a deduction includes, for the purposes of this section, a reduction of an amount otherwise required to be included in computing a taxpayer’s income;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.1.2)  section 1029.8.36.166.60.52 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.60.36, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year;

(g)  the first paragraph of section 1055.1.2 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year; or

(h)  the first paragraph of section 1055.1.3 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186; 2010, c. 5, s. 131; 2011, c. 34, s. 64; 2015, c. 21, s. 359; 2015, c. 36, s. 69; 2017, c. 1, s. 262; 2021, c. 14, s. 119.

2017-02-08

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.0.2)  section 776.1.21 in respect of the unused portion of the tax credit, within the meaning of section 776.1.19, for a subsequent taxation year;

(d.1.0.0.3)  section 776.1.29 in respect of the unused portion of the tax credit, within the meaning of section 776.1.27, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.0.2)  the second paragraph of section 915.2, section 924.2, the second paragraph of section 961.17.1 or any of sections 961.21.0.1, 965.0.25 and 965.0.30, in respect of a registered retirement savings plan, a registered retirement income fund or a pooled registered pension plan, with the understanding that an amount claimed as a deduction includes, for the purposes of this section, a reduction of an amount otherwise required to be included in computing a taxpayer’s income;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year;

(g)  the first paragraph of section 1055.1.2 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year; or

(h)  the first paragraph of section 1055.1.3 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186; 2010, c. 5, s. 131; 2011, c. 34, s. 64; 2015, c. 21, s. 359; 2015, c. 36, s. 69; 2017, c. 1, s. 262.

2015-12-04

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.0.2)  section 776.1.21 in respect of the unused portion of the tax credit, within the meaning of section 776.1.19, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.0.2)  the second paragraph of section 915.2, section 924.2, the second paragraph of section 961.17.1 or any of sections 961.21.0.1, 965.0.25 and 965.0.30, in respect of a registered retirement savings plan, a registered retirement income fund or a pooled registered pension plan, with the understanding that an amount claimed as a deduction includes, for the purposes of this section, a reduction of an amount otherwise required to be included in computing a taxpayer’s income;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year;

(g)  the first paragraph of section 1055.1.2 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year; or

(h)  the first paragraph of section 1055.1.3 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186; 2010, c. 5, s. 131; 2011, c. 34, s. 64; 2015, c. 21, s. 359; 2015, c. 36, s. 69.

2015-10-21

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.0.2)  the second paragraph of section 915.2, section 924.2, the second paragraph of section 961.17.1 or any of sections 961.21.0.1, 965.0.25 and 965.0.30, in respect of a registered retirement savings plan, a registered retirement income fund or a pooled registered pension plan, with the understanding that an amount claimed as a deduction includes, for the purposes of this section, a reduction of an amount otherwise required to be included in computing a taxpayer’s income;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year;

(g)  the first paragraph of section 1055.1.2 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year; or

(h)  the first paragraph of section 1055.1.3 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186; 2010, c. 5, s. 131; 2011, c. 34, s. 64; 2015, c. 21, s. 359.

2011-12-09

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.0.2)  the second paragraph of section 915.2, section 924.2, the second paragraph of section 961.17.1 or 961.21.0.1, in respect of a registered retirement savings plan or a registered retirement income fund, with the understanding that an amount claimed as a deduction includes, for the purposes of this section, a reduction of an amount otherwise required to be included in computing a taxpayer’s income under the second paragraph of section 915.2 or 961.17.1, as the case may be;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year;

(g)  the first paragraph of section 1055.1.2 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year; or

(h)  the first paragraph of section 1055.1.3 as a consequence of an election referred to in subparagraph a of the second paragraph of that section and made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186; 2010, c. 5, s. 131; 2011, c. 34, s. 64.

2010-04-20

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.0.2)  the second paragraph of section 915.2, section 924.2, the second paragraph of section 961.17.1 or 961.21.0.1, in respect of a registered retirement savings plan or a registered retirement income fund, with the understanding that an amount claimed as a deduction includes, for the purposes of this section, a reduction of an amount otherwise required to be included in computing a taxpayer’s income under the second paragraph of section 915.2 or 961.17.1, as the case may be;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186; 2010, c. 5, s. 131.

2009-06-04

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186.

2009-05-15

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III on account of the taxpayer’s tax payable by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420.

2007-11-07

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III on account of the taxpayer’s tax payable by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  an election made by his legal representative under section 1054 for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99.

2006-03-01

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III on account of the taxpayer’s tax payable by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  an election made by his legal representative under section 1054 for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232.