I-3 - Taxation Act

Section 336.9 Disposition versions

2009-05-15

336.9. For the purpose of applying this chapter, for a taxation year, to a transferor and to the transferee who is the transferor’s eligible spouse for the year, if either of them is resident in Canada outside Québec at the end of that year, section 336.8 is to be read

(a)  as if the definitions of “joint election” and “split-retirement income amount” in the first paragraph were replaced by the following definitions:

““joint election” for a taxation year means a valid election made jointly for the year by a transferor and the transferee who is the transferor’s eligible spouse for the year, for the purposes of section 60.03 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), in accordance with the definition of “joint election” in subsection 1 of that section;

“split-retirement income amount” in respect of a transferor and a transferee for a taxation year means the amount elected by the transferor and the transferee in a joint election for the year not exceeding the amount determined by the formula

0.5A × B/C;”; and

(b)  as if the following paragraph was added after the second paragraph:

“In the definition of “split-retirement income amount” in the first paragraph,

(a) A is the transferor’s eligible retirement income for the taxation year;

(b) B is the number of months in the transferor’s taxation year during which the transferor was the transferee’s spouse; and

(c) C is the number of months in the transferor’s taxation year.”

The individual who is resident in Québec at the end of the year shall send a copy of the joint election with the fiscal return the individual is required to file for the year under this Part.

If, for a taxation year, a transferor makes an election described in the definition of “joint election” in subsection 1 of section 60.03 of the Income Tax Act with an individual other than the transferor’s eligible spouse for the year and either of them is resident in Canada outside Québec at the end of that year, that other individual is, for the purposes of the first paragraph and of section 336.8, deemed to be the transferor’s eligible spouse for the year.

This chapter does not apply, for a taxation year, to the eligible spouse of a transferor, if both of them are resident in Québec at the end of the year, and if the presumption in the third paragraph applies to another individual with whom the transferor made the election referred to in that paragraph for the year.

For the purposes of this Part, an election described in the definition of “joint election” in the first paragraph of section 336.8, enacted by the first paragraph, is deemed to be made under this chapter.

2009, c. 5, s. 121.