I-3 - Taxation Act

Section 1029.8.177 Disposition versions

2023-03-15

1029.8.177. An individual, other than a trust, who is resident in Québec at the end of 31 December of the taxation year 2017 is deemed to have paid to the Minister on the individual’s balance-due day for the individual’s taxation year 2017 on account of the individual’s tax payable under this Part for that year an amount equal to the lesser of $5,500 and the amount obtained by multiplying 20% by the amount by which the individual’s qualified expenditure for the taxation year 2017 in relation to an eligible dwelling of the individual exceeds $2,500, if the individual files with the Minister, together with the fiscal return the individual is required to file for the year, or would be required to so file if tax were payable for the year, the prescribed form containing prescribed information.

An individual, other than a trust, who is resident in Québec at the end of 31 December of a particular taxation year that is subsequent to the taxation year 2017 and precedes the taxation year 2028 is deemed to have paid to the Minister on the individual’s balance-due day for the particular year on account of the individual’s tax payable under this Part for the particular year, if the individual files with the Minister, together with the fiscal return the individual is required to file for the particular year, or would be required to so file if tax were payable for the particular year, the prescribed form containing prescribed information, an amount equal to the lesser of

(a)  the amount obtained by multiplying 20% by the amount by which the individual’s qualified expenditure for the particular year, in relation to an eligible dwelling of the individual, exceeds the amount by which $2,500 exceeds the aggregate of all amounts each of which is the individual’s qualified expenditure, in relation to the eligible dwelling, for a taxation year preceding the particular year; and

(b)  the amount by which $5,500 exceeds the aggregate of all amounts each of which is an amount that the individual, or a person together with whom the individual owns the eligible dwelling, is deemed to have paid to the Minister under this section for a taxation year preceding the particular year.

For the purpose of determining the amount that an individual is deemed to have paid to the Minister for a particular taxation year under the first or second paragraph, in relation to an eligible dwelling the individual owns that is situated in an immovable under divided co-ownership or in another type of immovable that comprises more than one dwelling, the amounts of $2,500 and $5,500 mentioned in the first and second paragraphs must respectively be replaced by

(a)  where the eligible dwelling is situated in an immovable under divided co-ownership, the amounts obtained by multiplying $2,500 and $5,500, as the case may be, by the individual’s share of the common expenses of the immovable; and

(b)  where the eligible dwelling is situated in another type of immovable that comprises more than one dwelling, the amounts obtained by multiplying $2,500 and $5,500, as the case may be, by the proportion that the area of the individual’s eligible dwelling is of the total living area of the immovable.

For the purposes of this section, an individual who dies or ceases to be resident in Canada in a taxation year is deemed to be resident in Québec at the end of 31 December of that year if the individual was resident in Québec immediately before dying or, as the case may be, on the last day the individual was resident in Canada.

2017, c. 29, s. 197; 2023, c. 2, s. 66.

2017-12-07

1029.8.177. An individual, other than a trust, who is resident in Québec at the end of 31 December of the taxation year 2017 is deemed to have paid to the Minister on the individual’s balance-due day for the individual’s taxation year 2017 on account of the individual’s tax payable under this Part for that year an amount equal to the lesser of $5,500 and the amount obtained by multiplying 20% by the amount by which the individual’s qualified expenditure for the taxation year 2017 in relation to an eligible dwelling of the individual exceeds $2,500, if the individual files with the Minister, together with the fiscal return the individual is required to file for the year, or would be required to so file if tax were payable for the year, the prescribed form containing prescribed information.

An individual, other than a trust, who is resident in Québec at the end of 31 December of a particular taxation year that is subsequent to the taxation year 2017 and precedes the taxation year 2023 is deemed to have paid to the Minister on the individual’s balance-due day for the particular year on account of the individual’s tax payable under this Part for the particular year, if the individual files with the Minister, together with the fiscal return the individual is required to file for the particular year, or would be required to so file if tax were payable for the particular year, the prescribed form containing prescribed information, an amount equal to the lesser of

(a)  the amount obtained by multiplying 20% by the amount by which the individual’s qualified expenditure for the particular year, in relation to an eligible dwelling of the individual, exceeds the amount by which $2,500 exceeds the aggregate of all amounts each of which is the individual’s qualified expenditure, in relation to the eligible dwelling, for a taxation year preceding the particular year; and

(b)  the amount by which $5,500 exceeds the aggregate of all amounts each of which is an amount that the individual, or a person together with whom the individual owns the eligible dwelling, is deemed to have paid to the Minister under this section for a taxation year preceding the particular year.

For the purpose of determining the amount that an individual is deemed to have paid to the Minister for a particular taxation year under the first or second paragraph, in relation to an eligible dwelling the individual owns that is situated in an immovable under divided co-ownership or in another type of immovable that comprises more than one dwelling, the amounts of $2,500 and $5,500 mentioned in the first and second paragraphs must respectively be replaced by

(a)  where the eligible dwelling is situated in an immovable under divided co-ownership, the amounts obtained by multiplying $2,500 and $5,500, as the case may be, by the individual’s share of the common expenses of the immovable; and

(b)  where the eligible dwelling is situated in another type of immovable that comprises more than one dwelling, the amounts obtained by multiplying $2,500 and $5,500, as the case may be, by the proportion that the area of the individual’s eligible dwelling is of the total living area of the immovable.

For the purposes of this section, an individual who dies or ceases to be resident in Canada in a taxation year is deemed to be resident in Québec at the end of 31 December of that year if the individual was resident in Québec immediately before dying or, as the case may be, on the last day the individual was resident in Canada.

2017, c. 29, s. 197.