I-3 - Taxation Act

Section 851.32 Disposition versions

2009-05-15

851.32. (Repealed).

1978, c. 26, s. 166; 2001, c. 53, s. 177; 2009, c. 5, s. 362.

2006-03-01

851.32. For the purpose of applying sections 851.28 and 851.30 to a particular election by the inter vivos trust referred to in section 851.25, in respect of a congregation, for a particular taxation year, the following rules apply:

(a)  subject to paragraph b, a participating member of the congregation is considered to have been specified in the particular election in accordance with this section only if the member is identified in the particular election and

i.  where the member’s family includes only one adult at the end of the particular taxation year, the member is identified in the particular election as a member to whom subparagraph b of the second paragraph of section 851.30 applies, and

ii.  in any other case, only one of the adults in the member’s family is identified in the particular election as a member to whom subparagraph b of the second paragraph of section 851.30 applies;

(b)  an individual is considered not to have been specified in the particular election in accordance with this section if

i.  the individual is one of two individuals who were married to each other at the end of a preceding taxation year of the trust and at the end of the particular taxation year,

ii.  one of those individuals was

(1)  where the preceding taxation year ended before 1 January 1998, specified in an election under section 851.28 by the trust for the preceding taxation year, and

(2)  in any other case, identified in an election under section 851.28 by the trust for the preceding taxation year as a member to whom subparagraph b of the second paragraph of section 851.30 applies, and

iii.  the other individual is identified in the particular election as a member to whom subparagraph b of the second paragraph of section 851.30 applies.

1978, c. 26, s. 166; 2001, c. 53, s. 177.