I-3 - Taxation Act

Section 752.0.26 Disposition versions

2009-05-15

752.0.26. If a separate fiscal return in respect of an individual is filed under any of sections 429, 681 and 1003 for a particular period and another fiscal return in respect of the same individual is filed under this Part for a period ending in the calendar year in which the particular period ends, for the purpose of computing the tax payable under this Part by the individual in such fiscal returns, the aggregate of the deductions claimed in all such returns under sections 752.0.7.1 to 752.0.18.15 must not exceed the aggregate of the deductions that could be claimed under those sections for the year in respect of the individual if no separate fiscal returns were filed under sections 429, 681 and 1003.

1989, c. 5, s. 104; 1993, c. 64, s. 80; 1997, c. 14, s. 290; 1997, c. 85, s. 142; 2001, c. 53, s. 124; 2005, c. 1, s. 178; 2009, c. 5, s. 296.

2006-03-01

752.0.26. Where a separate fiscal return in respect of an individual is filed under any of sections 429, 681 and 1003 for a particular period and another fiscal return in respect of the same individual is filed under this Part for a period ending in the calendar year in which the particular period ends, for the purpose of computing the tax payable under this Part by the individual in such fiscal returns, the following rules apply:

(a)  the aggregate of all deductions claimed in all such returns under section 752.0.0.1 shall not exceed the total of

i.  the aggregate of all deductions that could be claimed for the year under section 752.0.0.1 in respect of the individual if that section were read with “the total of $6,275 and the complementary amount for the year” in the first paragraph replaced by “$6,275” and without reference to the second paragraph thereof, and

ii.  the aggregate of all deductions that could be claimed for the year under section 752.0.0.1 in respect of the individual if the first paragraph of that section were read without reference to “total of $6,275 and the” and no separate fiscal returns were filed under sections 429, 681 and 1003; and

(b)  the aggregate of all deductions claimed in all such returns under sections 752.0.7.1 to 752.0.18.15 shall not exceed the aggregate of all deductions that could be claimed thereunder for the year in respect of the individual if no separate fiscal returns were filed under sections 429, 681 and 1003.

1989, c. 5, s. 104; 1993, c. 64, s. 80; 1997, c. 14, s. 290; 1997, c. 85, s. 142; 2001, c. 53, s. 124; 2005, c. 1, s. 178.