I-3 - Taxation Act

Full text
646.1. Notwithstanding section 7.11.1 and for the purposes of subparagraph ii of paragraph b of section 454.2, section 646, subparagraph a.4 of the first paragraph of section 653 and paragraph e of section 692.5, a person or partnership is deemed not to be a beneficiary under a trust at a particular time where the person or partnership is beneficially interested in the trust at that time solely because of
(a)  a right that may arise as a consequence of the terms of the will of an individual who, at that time, is a beneficiary under the trust;
(b)  a right that may arise as a consequence of the law governing the intestacy of an individual who, at that time, is a beneficiary under the trust;
(c)  a right as a shareholder under the terms of the shares of the capital stock of a corporation that, at that time, is a beneficiary under the trust;
(d)  a right as a member of a partnership under the terms of the partnership agreement, where, at that time, the partnership is a beneficiary under the trust; or
(e)  any combination of rights described in paragraphs a to d.
2003, c. 2, s. 149; 2009, c. 5, s. 197.
646.1. Notwithstanding section 7.11.2 and for the purposes of subparagraph ii of paragraph b of section 454.2, section 646, subparagraph a.4 of the first paragraph of section 653 and paragraph e of section 692.5, a person or partnership is deemed not to be a beneficiary under a trust at a particular time where the person or partnership is beneficially interested in the trust at that time solely because of
(a)  a right that may arise as a consequence of the terms of the will of an individual who, at that time, is a beneficiary under the trust;
(b)  a right that may arise as a consequence of the law governing the intestacy of an individual who, at that time, is a beneficiary under the trust;
(c)  a right as a shareholder under the terms of the shares of the capital stock of a corporation that, at that time, is a beneficiary under the trust;
(d)  a right as a member of a partnership under the terms of the partnership agreement, where, at that time, the partnership is a beneficiary under the trust; or
(e)  any combination of rights described in paragraphs a to d.
2003, c. 2, s. 149.