I-3 - Taxation Act

Section 935.18 Disposition versions

2006-03-01

935.18. If a spouse of an individual was resident in Canada immediately before the individual’s death at a particular time in a taxation year and the spouse and the individual’s legal representatives jointly so elect in writing in the individual’s fiscal return filed under this Part for the year, the following rules apply:

(a)  section 935.17 does not apply to the individual;

(b)  the spouse is deemed to have received a particular eligible amount at the particular time equal to the amount that, but for this section, would be determined under section 935.17 in respect of the individual;

(c)  subject to paragraph d, for the purpose of applying this Title after the particular time, the spouse is deemed to be the person designated under paragraph b of the definition of “eligible amount” in the first paragraph of section 935.12 in respect of the particular amount; and

(d)  where the spouse received an eligible amount before the particular time in the spouse’s participation period that included the particular time and the particular individual designated under paragraph b of the definition of “eligible amount” in the first paragraph of section 935.12 in respect of that eligible amount was not the spouse, for the purpose of applying this Title after the particular time the particular individual is deemed to be the person designated under that paragraph in respect of the particular amount.

2001, c. 53, s. 201.