I-3 - Taxation Act

Section 752.0.10.10 Disposition versions

2017-12-07

752.0.10.10. For the purposes of this Part, except for this paragraph and section 752.0.10.10.2, the rules set out in the second paragraph apply in respect of a gift if a succession arises on and as a consequence of the death after 31 December 2015 of an individual and the gift is

(a)  made by the individual by the individual’s will;

(b)  deemed under section 752.0.10.10.2 to have been made in respect of the death of the individual; or

(c)  made by the succession.

The rules to which the first paragraph refers, in respect of a gift, are as follows:

(a)  the gift is deemed to be made by the succession and not by any other taxpayer; and

(b)  subject to section 752.0.10.16, the gift is deemed to be made at the time that the property that is the subject of the gift is transferred to the donee and not at any other time.

1993, c. 64, s. 67; 1999, c. 83, s. 94; 2017, c. 29, s. 140.

2006-03-01

752.0.10.10. Subject to section 752.0.10.16, where an individual by the individual’s will makes a gift to a donee referred to in the first paragraph of section 752.0.10.1, the gift is deemed, for the purposes of this chapter, to have been made by the individual immediately before the individual’s death.

1993, c. 64, s. 67; 1999, c. 83, s. 94.