I-3 - Taxation Act

Section 1091.0.1 Disposition versions

2006-03-01

1091.0.1. Where an individual ceases at any time after 27 February 2000 to be resident in Canada, a taxation year, in this section referred to as the “particular year”, of the individual ends after that time and the individual was not resident in Canada throughout the period that begins at that time and ends at the end of the particular year, the following rules apply:

(a)  in computing the individual’s taxable income earned in Canada for the particular year, the individual may deduct each amount that would be permitted to be deducted in computing the individual’s income for the particular year under section 371 or 418.1.10 if

i.  section 371 were read with the reference to “who is resident in Canada throughout a taxation year may deduct, in computing the taxpayer’s income for that year” in the portion before paragraph a thereof replaced by “may deduct, in computing the taxpayer’s income for a taxation year”,

ii.  the amount determined under paragraph b of section 374 were equal to zero,

iii.  section 418.1.10 were read with the reference to “for a taxation year throughout which the taxpayer is resident in Canada” in the portion before paragraph a thereof replaced by “for a taxation year”, and

iv.  each of the amounts determined under subparagraph ii of paragraph a of section 418.1.10 and paragraph b of that section were equal to zero; and

(b)  an amount deducted under this section in computing the individual’s taxable income earned in Canada for the particular year is deemed, for the purpose of applying section 371 or 418.1.10, as the case may be, to a subsequent taxation year, to have been deducted in computing the individual’s income for the particular year.

2004, c. 8, s. 188.