I-3 - Taxation Act

Section 1029.8.129 Disposition versions

2011-02-17

1029.8.129. For the purposes of sections 1029.8.128 and 1029.8.136.1, a trust governed by an education savings plan is deemed to be resident in Québec at the end of a taxation year if, at the end of that year, it is resident in Canada outside Québec and has as a trustee a person who has an establishment in Québec and if, at the time the application for the education savings incentive is made, the education savings incentive agreement that is applicable in respect of the plan provides that

(a)  the agreement is subject in all respects to the legislation in force in Québec;

(b)  the trustee undertakes to pay to the Minister, on or before the 90th day of the year that follows the year for which it is payable, any tax that the trust is required to pay under Part III.15.1;

(c)  the trustee recognizes the exclusive jurisdiction of the courts of Québec for any matter relating to this division, the agreement or a tax payable by the trust under Part III.15.1; and

(d)  any judgment rendered against the trustee in relation to a matter referred to in paragraph c may be executed against the trustee at an establishment of the trustee situated in Québec.

2009, c. 5, s. 480; 2011, c. 1, s. 91.

2009-05-15

1029.8.129. For the purposes of section 1029.8.128, a trust governed by an education savings plan is deemed to be resident in Québec at the end of a taxation year if, at the end of that year, it is resident in Canada outside Québec and has as a trustee a person who has an establishment in Québec and if, at the time the application for the education savings incentive is made, the education savings incentive agreement that is applicable in respect of the plan provides that

(a)  the agreement is subject in all respects to the legislation in force in Québec;

(b)  the trustee undertakes to pay to the Minister, on or before the 90th day of the year that follows the year for which it is payable, any tax that the trust is required to pay under Part III.15.1;

(c)  the trustee recognizes the exclusive jurisdiction of the courts of Québec for any matter relating to this division, the agreement or a tax payable by the trust under Part III.15.1; and

(d)  any judgment rendered against the trustee in relation to a matter referred to in paragraph c may be executed against the trustee at an establishment of the trustee situated in Québec.

2009, c. 5, s. 480.