I-3 - Taxation Act

Section 1029.8.118 Disposition versions

2006-12-06

1029.8.118. An eligible individual, for a taxation year, who is resident in Québec on 31 December of that year and who files a fiscal return under section 1000 for that year is deemed to have paid to the Minister, on the eligible individual’s balance-due day for that year, on account of the eligible individual’s tax payable for the year under this Part, an amount equal to the amount determined by the formula

A − B.

In the formula provided for in the first paragraph,

(a)  A is the lesser of $1,000 and the total of

i.  the product obtained by multiplying by the factor specified in the third paragraph for the taxation year the amount determined in accordance with section 752.0.11 for the purpose of computing the tax payable under this Part by the eligible individual for the taxation year, and

ii.  25% of the aggregate of all amounts each of which is an amount deductible under section 358.0.1 in computing the income of the eligible individual for the taxation year; and

(b)  B is 5% of the amount by which the individual’s family income for the year exceeds $18,600.

The factor to which the second paragraph refers is

(a)  25/22, where the taxation year is the year 2000;

(b)  25/20.75, where the taxation year is the year 2001;

(c)  25/20, where the taxation year is the year 2002 or a subsequent taxation year.

For the purposes of this section, an individual who was resident in Québec immediately before the individual’s death is deemed to be resident in Québec on 31 December of the year in which the individual died.

For the purposes of the definition of “family income” in the first paragraph of section 1029.8.117, where an individual was not resident in Canada throughout a taxation year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year.

2000, c. 5, s. 271; 2001, c. 51, s. 198; 2001, c. 53, s. 228; 2003, c. 9, s. 363; 2005, c. 1, s. 268; 2005, c. 38, s. 289; 2006, c. 36, s. 208.

2006-03-01

1029.8.118. An eligible individual, for a taxation year, who is resident in Québec on 31 December of that year and who files a fiscal return under section 1000 for that year is deemed to have paid to the Minister, on the eligible individual’s balance-due day for that year, on account of the eligible individual’s tax payable for the year under this Part, an amount equal to the amount determined by the formula

A - B.

In the formula provided for in the first paragraph,

(a)  A is the lesser of $750 and the total of

i.  the product obtained by multiplying by the factor specified in the third paragraph for the taxation year the amount determined in accordance with section 752.0.11 for the purpose of computing the tax payable under this Part by the eligible individual for the taxation year, and

ii.  25% of the aggregate of all amounts each of which is an amount deductible under section 358.0.1 in computing the income of the eligible individual for the taxation year; and

(b)  B is 5% of the amount by which the individual’s family income for the year exceeds $18,600.

The factor to which the second paragraph refers is

(a)  25/22, where the taxation year is the year 2000;

(b)  25/20.75, where the taxation year is the year 2001;

(c)  25/20, where the taxation year is the year 2002 or a subsequent taxation year.

For the purposes of this section, an individual who was resident in Québec immediately before the individual’s death is deemed to be resident in Québec on 31 December of the year in which the individual died.

For the purposes of the definition of "family income" in section 1029.8.117, where an individual was not resident in Canada throughout a taxation year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year.

2000, c. 5, s. 271; 2001, c. 51, s. 198; 2001, c. 53, s. 228; 2003, c. 9, s. 363; 2005, c. 1, s. 268; 2005, c. 38, s. 289.