I-3 - Taxation Act

Section 776.41.9 Disposition versions

2006-03-01

776.41.9. Where an individual dies in a taxation year, the amount determined in respect of the individual for the year under section 776.41.5 may be deducted only in computing the individual’s tax payable as indicated in the fiscal return the individual is required to file for the year under this Part, otherwise than as the result of an election made by the individual’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

Where the eligible spouse of an individual for a taxation year dies in the year, the individual may deduct, in computing the individual’s tax payable for the year under section 776.41.5, only the amount determined by the formula provided for in the first paragraph of that section on the basis of the amounts indicated in the fiscal return of the individual’s eligible spouse for the year filed under this Part, otherwise than as the result of an election made by the individual’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

2003, c. 9, s. 111.