S-18.2 - Act respecting the Société nationale de l’amiante

Section 46 Disposition versions

1999-10-22

46. In computing the indemnity, the fiscal situation of the former owner is appraised with regard to every Act imposing tax, dues, duties or royalties by taking into consideration only the provisions of that Act that were in force at the time the notice of expropriation was served.

However, for the purposes of computing the tax payable in the year of the expropriation and in subsequent years under the Taxation Act (chapter I-3) and the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the former owner is deemed to have, at the time of the service of the notice of expropriation, transferred the expropriated property to another legal person that was not carrying on any business and to have made, at that time, in respect of that property, the election provided for in section 518 of the Taxation Act and in section 85 of the Income Tax Act while assuming that the amount agreed upon in respect of such property is equal, in all cases, to the cost amount, within the meaning of the said Acts, immediately prior to the transfer; for the same purposes, all the revenues of the former owner are deemed attributable to an establishment situated in Québec.

1979, c. 44, s. 1; 1999, c. 40, s. 297.

1994-03-01

46. In computing the indemnity, the fiscal situation of the former owner is appraised with regard to every Act imposing tax, dues, duties or royalties by taking into consideration only the provisions of that Act that were in force at the time the notice of expropriation was served.

However, for the purposes of computing the tax payable in the year of the expropriation and in subsequent years under the Taxation Act (chapter I-3) and the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the former owner is deemed to have, at the time of the service of the notice of expropriation, transferred the expropriated property to another corporation that was not carrying on any business and to have made, at that time, in respect of that property, the election provided for in section 518 of the Taxation Act and in section 85 of the Income Tax Act while assuming that the amount agreed upon in respect of such property is equal, in all cases, to the cost amount, within the meaning of the said Acts, immediately prior to the transfer; for the same purposes, all the revenues of the former owner are deemed attributable to an establishment situated in Québec.

1979, c. 44, s. 1.

1979-06-22

46. In computing the indemnity, the fiscal situation of the former owner is appraised with regard to every act imposing tax, dues, duties or royalties by taking into consideration only the provisions of that act that were in force at the time the notice of expropriation was served.

However, for the purposes of computing the tax payable in the year of the expropriation and in subsequent years under the Taxation Act (chapter I-3) and the Income Tax Act (Statutes of Canada, 1970-1971-1972, chapter 63), the former owner is deemed to have, at the time of the service of the notice of expropriation, transferred the expropriated property to another corporation that was not carrying on any business and to have made, at that time, in respect of that property, the election provided for in section 518 of the Taxation Act and in section 85 of the Income Tax Act while assuming that the amount agreed upon in respect of such property is equal, in all cases, to the cost amount, within the meaning of the said acts, immediately prior to the transfer; for the same purposes, all the revenues of the former owner are deemed attributable to an establishment situated in Québec.

1979, c. 44, s. 1.