| |
|
AB......................2
|
| Ab intestat | 652 |
| Ab intestat | 698 |
| |
|
ABIDE...................1
|
| The law does not require a trustee to abide by the presumed sound investment rule, | 1682 |
| |
|
ABILITY.................1
|
| ability of a trust beneficiary to sell his or her interest in the trust or gift the interest during | 790 |
| |
|
ABOVE-..................1
|
| The nature of dividends is especially important in our example. According to the above- | 1382 |
| |
|
ABSENCE.................5
|
| trustee other than a trust company, the absence of a Protector, the absence of an extended | 112 |
| trustee other than a trust company, the absence of a Protector, the absence of an extended | 112 |
| regard if it contains clauses specifying how the apportionment is to be made. In the absence of | 1582 |
| The first difficulty with this gift might be the absence of yet unborn children. We could consider | 1940 |
| However, the absence of this concept in civil law and ignorance of the case law behind the | 2086 |
| |
|
ABSENT..................1
|
| that may be different or absent in civil law. For example, we have seen a bank trust provide for | 1790 |
| |
|
ABSOLUTE................3
|
| and there is immediately after the disposition no absolute or contingent right of a person | 266 |
| the spouse, spouse trust or child of the deceased obtains a right to absolute ownership of | 754 |
| immediate or future and whether absolute or contingent) of the taxpayer as a beneficiary under a | 1284 |
| |
|
ABUSE...................1
|
| however, since they do not open the door to abuse given the opposing interests of the persons | 1090 |
| |
|
ACADEMIC................2
|
| would be authorized in this situation, the Civil Code and academic opinion unanimously agree | 368 |
| the civil law has been the subject of commentary by the academic community. | 750 |
| |
|
ACCEPTABLE..............1
|
| Quebec's civil law but were acceptable in the other provinces. While the purpose of that | 78 |
| |
|
ACCEPTANCE..............3
|
| acceptance only confirms it but, according to the Interpretation Bulletin, indefeasible vesting | 752 |
| In civil law, the acceptance may be tacit (art. C.C.Q.) and the fact of claiming | 2296 |
| the tax treatment that arises from that acceptance should be enough to give effect to it. | 2296 |
| |
|
ACCEPTED................4
|
| opposing view is accepted that such classes are not necessary. | 640 |
| accepted . The tax law can, however, alter the negative consequences of the difference in | 1574 |
| administration, the circumstances and generally accepted accounting principles. After having | 1584 |
| generally accepted accounting principles. However, recourse to those principles seems to | 1596 |
| |
|
ACCEPTS.................1
|
| It is true that there is a great difference between these two clauses if one accepts the thesis that | 488 |
| |
|
ACCESS..................3
|
| taxpayers because of differences in the means available to them to access accurate tax | 164 |
| fait) has a high income. Since it is implicitly assumed that this mother has access to her spouse's | 1176 |
| used in the common law system, which is uncodified and difficult of access , it would already be | 2138 |
| |
|
ACCESSIBLE..............1
|
| awareness that Quebec legal doctrine respecting taxation is not even accessible to the majority | 2120 |
| |
|
ACCESSORY...............1
|
| Since the tax system is only accessory to the transactions and the rights of the parties, it is | 1632 |
| |
|
ACCOMPANIED.............1
|
| it should be accompanied by the stipulation, in order to allow the rollover, that it must not have | 1494 |
| |
|
ACCOMPANYING............4
|
| accompanying this section: | 258 |
| Quebec jurists still do not venture to use the power of appointment without accompanying it | 508 |
| where no will exists, in contrast to the Explanatory Notes accompanying section . I.T.A. | 554 |
| See the Explanatory Notes accompanying the Notice of Ways and Means | 2592 |
| |
|
ACCORDANCE..............7
|
| The problem is that, in a trust constituted in accordance with the Civil Code of Quebec, | 426 |
| accordance with article C.C.Q. | 486 |
| property in the same manner as if it formed part of his estate, that is, in accordance with | 532 |
| the provisions of his last will, if any, and if none, in accordance with applicable intestacy | 534 |
| certainly take the prudent course of shaping their deeds in accordance with the tax definition, | 1638 |
| except in accordance with the settlor's instructions and must return the property to the settlor on | 2098 |
| accordance with article C.C.Q. | 2468 |
| |
|
ACCORDED................1
|
| Where the differences begin to be significant in the tax treatment accorded in civil law and | 1110 |
| |
|
ACCORDINGLY.............8
|
| Use of this last option is accordingly not recommended. | 618 |
| defined accordingly . | 950 |
| regarding the income from the trust; accordingly , the comments below will apply to them as | 1308 |
| Accordingly , this kind of account is not used to generate capital gains since it cannot be used to | 1712 |
| accordingly . | 1946 |
| Accordingly , the donor will be taxed only on the fraction of the value of the property that | 2034 |
| Accordingly , we have no recommendations to make on this subject unless that Quebec law | 2104 |
| Boundaries (), : Revue fiscale canadienne -. Accordingly , we have not | 2330 |
| |
|
ACCOUNT.................75
|
| ... Opening an account in the child's name | 44 |
| ... Opening an intrust account in the parent's name | 46 |
| ... Opening an account created by the government | 50 |
| title. On this interpretation, the settlor must take this outcome into account in planning his | 370 |
| account the two civil law options: returning the property to the settlor under article C.C.Q. | 712 |
| pay the debt will be placed in a separate account . No other beneficiary is stipulated for | 852 |
| appropriate a Court may take into account the deprived person's actual financial | 960 |
| were not statute-barred and, among other things, take into account the -year deemed | 1094 |
| constitute the consideration that paragraph ()(e) requires to be taken into account | 1242 |
| impact of the rights of the beneficiaries of a personal trust must take into account the trust | 1288 |
| include a dividend from a capital dividend account . | 1310 |
| capital account , since the sale of the building had been accounted for as retained earnings. In | 1392 |
| sufficient indication, the apportionment is made equitably, taking into account the object of the | 1582 |
| possibilities into account , although the same expense can receive different treatment under the | 1620 |
| investment account for a minor child should be opened are the following: | 1690 |
| ... Opening an account in the child's name | 1706 |
| This type of account ensures that the funds are clearly recognized as the child's property and | 1708 |
| to create such an account in order to establish a portfolio of growth investments in a minor's | 1710 |
| Accordingly, this kind of account is not used to generate capital gains since it cannot be used to | 1712 |
| get around the tutorship rules. However, such an account could be used to deposit the child tax | 1712 |
| ... Opening an intrust account in the parent's name | 1714 |
| It is in connection with this kind of account that there is the most confusion, a fact that can be | 1716 |
| Many parents will prefer to use a trust account to save money for their child. We are | 1720 |
| not talking here about a trust as such but an account that receives funds on behalf of the | 1720 |
| This kind of account , called for example (name of the Parent) in-trust account, is often used by | 1728 |
| This kind of account, called for example (name of the Parent) in-trust account , is often used by | 1728 |
| parents to show that the account does not belong to them, even though it remains in their name | 1728 |
| the account holder and not in those of the presumed beneficiaries if there are no other elements | 1734 |
| instrument, the account could prove problematic both in terms of taxes and in terms of knowing | 1738 |
| the exact role of the stakeholder in the account and his capacity to make all the decisions | 1738 |
| An in-trust account has also been interpreted in common law as creating an agency | 1762 |
| relationship rather than a trustee relationship. Since the owner of the account is then acting | 1764 |
| Thus, some financial institutions understandably refuse to open an intrust account for growth | 1772 |
| If the mention in-trust on an account may create a problem, it is perhaps a better solution than | 1776 |
| more consequence than it is on a form to open an account or to purchase mutual fund units, but | 1780 |
| . The allowances are deposited in a bank account in the child's name; | 1830 |
| . The allowances are paid into an in-trust bank account whether or not the child's name | 1830 |
| . The deposits are made to the parents' personal account , but on an exceptional basis it | 1834 |
| cannot simply open a separate account that specifies that the money is saved for the child and | 1854 |
| simplest method would be to set up an account in the child's name into which the benefit would | 1858 |
| account to be opened; some refuse to open an account in the name of a newborn infant, | 1860 |
| account to be opened; some refuse to open an account in the name of a newborn infant, | 1860 |
| withdrawing and depositing amounts to equalize the total in a new account for each child? This | 1862 |
| could become a real head breaker because how can the fact be taken into account that one | 1864 |
| child is older or that a third child increases the amount of the benefit? A single general account is | 1864 |
| Some institutions will agree to having this account constituted for the benefit of present and | 1868 |
| future children and let it be called something like parent in trust account , allowing one to | 1868 |
| would be considered the owner of whatever taxable income is earned in this account . If, | 1872 |
| It is true that this kind of account will not generally involve significant amounts, especially in view | 1876 |
| investment trusts for minor children so that their special features would be taken into account in | 1886 |
| account for his minor children to allow growth investments is a simple method that is good for | 1904 |
| term gift or donation under the civil law and opening a specific government-sponsored account | 1924 |
| amounts accumulated in the investment account would suffice to constitute a transfer and it | 1932 |
| child. The parent would continue to be the legal owner of the account , but the effect of the gift | 1934 |
| represents, it would be better to have one child per account and make the appropriate transfers | 1944 |
| specific account , that is, the right to claim from the banking institution the amounts accumulated | 1950 |
| in that account under the terms of a brokerage or banking contract, should be considered as | 1950 |
| present property, even though the make-up of the account will be constantly changing. What is | 1952 |
| below, the right to receive the amounts accumulated in the account established under the | 1956 |
| .. Opening an account created by the government | 1962 |
| Canadians that could be used to hold such an account could be the Agency or the Government | 1966 |
| of Canada! The account would be opened in the name of the Agency or the government and the | 1966 |
| to be restricted to investments deemed sound. The form on which the account would be set up | 1968 |
| would distribute the amounts accumulated in the account to the child named on the account, no | 1970 |
| would distribute the amounts accumulated in the account to the child named on the account , no | 1970 |
| needs could be drawn from the account , and the agent could be asked to provide documents | 1972 |
| possible to group several children together under one account in order to keep brokerage costs | 1988 |
| However, the use of a term gift or a special account first and foremost implies a policy decision | 1994 |
| of this kind of account . | 2006 |
| should be taken into account in the wording of subsection () I.T.A., as Me Régnier has | 2106 |
| taken into account more recent common law cases, since our research has focused on how | 2330 |
| Quebec, even taking subsection () of the Act into account , and because the facts would | 2398 |
| take into account specific trust legislation that may have been enacted in those jurisdictions. | 2438 |
| the revenue account is generally debited for the following expenditures, the | 2500 |
| capital account is generally debited . | 2500 |