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I-3 - Taxation Act

Section 1003
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1003. Where section 217.9.1 applies in computing an individual’s income for a taxation year from a business, or where an individual who carries on a business in a taxation year dies in the year and after the end of a fiscal period of the business that ends in the year, another fiscal period of the business (in this section referred to as the “short period”) ends in the year because of the individual’s death, and the individual’s legal representative elects that this section apply, the following rules apply:
(a)  the individual’s income from businesses for short periods, if any, shall not be included in computing the individual’s income for the year; and
(b)  the individual’s legal representative shall file a separate fiscal return for the year under this Part in respect of the individual as if the return were filed in respect of another person and shall pay the tax payable under this Part by that other person for the year computed as if
i.  the other person’s only income for the year were the amount determined by the formula

A - B; and

ii.  subject to sections 693.1, 752.0.26 and 776.1.5.0.19, that other person were entitled to the deductions to which the individual is entitled under sections 725 to 725.5, 752.0.0.1 to 752.0.13.3, 752.0.14 to 752.0.18.15, 776.1.5.0.17 and 776.1.5.0.18 for the year in computing the individual’s taxable income or tax payable under this Part, as the case may be, for the year.
In the formula provided for in subparagraph i of subparagraph b of the first paragraph,
(a)  A is the aggregate of all amounts each of which is the individual’s income from a business for a short period; and
(b)  B is the aggregate of all amounts each of which is an amount included under section 217.9.1 in computing the individual’s income for the taxation year in which the individual dies;
(c)  (subparagraph repealed).
1972, c. 23, s. 735; 1986, c. 19, s. 184; 1989, c. 5, s. 196; 1993, c. 64, s. 128; 1994, c. 22, s. 314; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1999, c. 83, s. 273; 2000, c. 5, s. 236; 2001, c. 53, s. 216; 2005, c. 1, s. 208; 2006, c. 36, s. 99; 2015, c. 24, s. 129; 2019, c. 14, s. 295.
1003. Where section 217.9.1 applies in computing an individual’s income for a taxation year from a business, or where an individual who carries on a business in a taxation year dies in the year and after the end of a fiscal period of the business that ends in the year, another fiscal period of the business (in this section referred to as the “short period”) ends in the year because of the individual’s death, and the individual’s legal representative elects that this section apply, the following rules apply:
(a)  the individual’s income from businesses for short periods, if any, shall not be included in computing the individual’s income for the year; and
(b)  the individual’s legal representative shall file a separate fiscal return for the year under this Part in respect of the individual as if the return were filed in respect of another person and shall pay the tax payable under this Part by that other person for the year computed as if
i.  the other person’s only income for the year were the amount determined by the formula

A - B; and

ii.  subject to sections 693.1, 752.0.26 and 776.1.5.0.19, that other person were entitled to the deductions to which the individual is entitled under sections 725 to 725.7, 752.0.0.1 to 752.0.13.3, 752.0.14 to 752.0.18.15, 776.1.5.0.17 and 776.1.5.0.18 for the year in computing the individual’s taxable income or tax payable under this Part, as the case may be, for the year.
In the formula provided for in subparagraph i of subparagraph b of the first paragraph,
(a)  A is the aggregate of all amounts each of which is the individual’s income from a business for a short period; and
(b)  B is the aggregate of all amounts each of which is an amount included under section 217.9.1 in computing the individual’s income for the taxation year in which the individual dies;
(c)  (subparagraph repealed).
1972, c. 23, s. 735; 1986, c. 19, s. 184; 1989, c. 5, s. 196; 1993, c. 64, s. 128; 1994, c. 22, s. 314; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1999, c. 83, s. 273; 2000, c. 5, s. 236; 2001, c. 53, s. 216; 2005, c. 1, s. 208; 2006, c. 36, s. 99; 2015, c. 24, s. 129.
1003. Where section 217.9.1 or 217.17 applies in computing an individual’s income for a taxation year from a business, or where an individual who carries on a business in a taxation year dies in the year and after the end of a fiscal period of the business that ends in the year, another fiscal period of the business, in this section referred to as the “short period”, ends in the year because of the individual’s death, and the individual’s legal representative elects that this section apply, the following rules apply:
(a)  the individual’s income from businesses for short periods, if any, shall not be included in computing the individual’s income for the year; and
(b)  the individual’s legal representative shall file a separate fiscal return for the year under this Part in respect of the individual as if the return were filed in respect of another person and shall pay the tax payable under this Part by that other person for the year computed as if
i.  the other person’s only income for the year were the amount determined by the formula

A + B − C, and

ii.  subject to sections 693.1, 752.0.26 and 776.1.5.0.19, that other person were entitled to the deductions to which the individual is entitled under sections 725 to 725.7, 752.0.0.1 to 752.0.13.3, 752.0.14 to 752.0.18.15, 776.1.5.0.17 and 776.1.5.0.18 for the year in computing the individual’s taxable income or tax payable under this Part, as the case may be, for the year.
In the formula provided for in subparagraph i of subparagraph b of the first paragraph,
(a)  A is the aggregate of all amounts each of which is the individual’s income from a business for a short period;
(b)  B is the aggregate of all amounts each of which is an amount deducted under section 217.17 in computing the individual’s income for the taxation year in which the individual dies; and
(c)  C is the aggregate of all amounts each of which is an amount included under section 217.9.1 in computing the individual’s income for the taxation year in which the individual dies.
1972, c. 23, s. 735; 1986, c. 19, s. 184; 1989, c. 5, s. 196; 1993, c. 64, s. 128; 1994, c. 22, s. 314; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1999, c. 83, s. 273; 2000, c. 5, s. 236; 2001, c. 53, s. 216; 2005, c. 1, s. 208; 2006, c. 36, s. 99.
1003. Where section 217.9.1 or 217.17 applies in computing an individual’s income for a taxation year from a business, or where an individual who carries on a business in a taxation year dies in the year and after the end of a fiscal period of the business that ends in the year, another fiscal period of the business, in this section referred to as the "short period", ends in the year because of the individual’s death, and the individual’s legal representative elects that this section apply, the following rules apply:
(a)  the individual’s income from businesses for short periods, if any, shall not be included in computing the individual’s income for the year; and
(b)  the individual’s legal representative shall file a separate fiscal return for the year under this Part in respect of the individual as if the return were filed in respect of another person and shall pay the tax payable under this Part by that other person for the year computed as if
i.  the other person’s only income for the year were the amount determined by the formula
A + B - C, and
ii.  subject to sections 693.1 and 752.0.26, that other person were entitled to the deductions to which the individual is entitled under sections 725 to 725.7, 752.0.0.1 to 752.0.13.3 and 752.0.14 to 752.0.18.15 for the year in computing the individual’s taxable income or tax payable under this Part, as the case may be, for the year.
In the formula provided for in subparagraph i of subparagraph b of the first paragraph,
(a)  A is the aggregate of all amounts each of which is the individual’s income from a business for a short period;
(b)  B is the aggregate of all amounts each of which is an amount deducted under section 217.17 in computing the individual’s income for the taxation year in which the individual dies; and
(c)  C is the aggregate of all amounts each of which is an amount included under section 217.9.1 in computing the individual’s income for the taxation year in which the individual dies.
1972, c. 23, s. 735; 1986, c. 19, s. 184; 1989, c. 5, s. 196; 1993, c. 64, s. 128; 1994, c. 22, s. 314; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1999, c. 83, s. 273; 2000, c. 5, s. 236; 2001, c. 53, s. 216; 2005, c. 1, s. 208.
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