← Historical versions

Versions of s. 70(5.2)(b)

I-3.3 — Income Tax Act · 3 versions · View current text

Historical text comes from the Justice Laws point-in-time corpus and is unofficial — not the official version.

  1. 2017-01-01 to present available View Source
    any person who, as a consequence of the taxpayer’s death, acquires a property that is deemed by paragraph (a) to have been disposed of by the taxpayer is, subject to paragraph (c), deemed to have acquired the property at the time of the death at a cost equal to its fair market value at the time that is immediately before the death; and
    Full text

    any person who, as a consequence of the taxpayer’s death, acquires a property that is deemed by paragraph (a) to have been disposed of by the taxpayer is, subject to paragraph (c), deemed to have acquired the property at the time of the death at a cost equal to its fair market value at the time that is immediately before the death; and

  2. 2013-06-26 to 2017-01-01 View Source
    notwithstanding paragraph 70(5.2)(a), where the taxpayer was resident in Canada immediately before the taxpayer’s death, any Canadianperson resource property or foreign resource property of the taxpayer that is, on or after the death andwho, as a consequence of the taxpayer’s death, transferredacquires ora distributedproperty that is deemed by paragraph (a) to ahave spousebeen ordisposed common-lawof partnerby the taxpayer is, subject to paragraph (c), deemed to have acquired the property at the time of the taxpayerdeath described in paragraph 70(6)(a) orat a trustcost describedequal into paragraphits 70(6)(b)fair andmarket itvalue can be shown withinat the periodtime endingthat 36is monthsimmediately afterbefore the deathdeath; or, where written application therefor has been made to the Minister by the taxpayer’s legal representative within that period, within such longer period as the Minister considers reasonable in the circumstances, that the property vested indefeasibly in the spouse or common-law partner or trust, as the case may be,and
    Full text

    any person who, as a consequence of the taxpayer’s death, acquires a property that is deemed by paragraph (a) to have been disposed of by the taxpayer is, subject to paragraph (c), deemed to have acquired the property at the time of the death at a cost equal to its fair market value at the time that is immediately before the death; and

  3. 2004-08-31 to 2013-06-26 View Source

    notwithstanding paragraph 70(5.2)(a), where the taxpayer was resident in Canada immediately before the taxpayer’s death, any Canadian resource property or foreign resource property of the taxpayer that is, on or after the death and as a consequence of the death, transferred or distributed to a spouse or common-law partner of the taxpayer described in paragraph 70(6)(a) or a trust described in paragraph 70(6)(b) and it can be shown within the period ending 36 months after the death or, where written application therefor has been made to the Minister by the taxpayer’s legal representative within that period, within such longer period as the Minister considers reasonable in the circumstances, that the property vested indefeasibly in the spouse or common-law partner or trust, as the case may be,