Bijural Terminology Records

Common Law

executor

Civil Law

liquidator of a succession

Title of the Legislative Text
Income Tax Act, R.S.C. (1985), c. 1 (5th Supp.)
Provision

  13. (7.3) For the purposes of paragraph (7)(e), where at a particular time one corporation would, but for this subsection, be related to another corporation by reason of both corporations being controlled by the same trustee or executor and it is established that

  • (a) the trustee or executor did not acquire control of the corporations as a result of one or more trusts or estates created by the same individual or by two or more individuals not dealing with each other at arm's length, and
  • (b) the trust or estate under which the trustee or executor acquired control of each of the corporations arose only on the death of the individual creating the trust or estate, the two corporations shall be deemed not to be related to each other at that particular time.
Problem

The terms "testamentary executor"/exécuteur testamentaire are no longer used in the Civil Code of Québec . This institution was replaced with the concept of "liquidator of a succession"/liquidateur de succession.

Solution

To reflect the new civil law notion, "liquidator of a succession" is added to the English version and liquidateur de succession is added to the French version. The terms "executor"/exécuteur testamentaire are maintained for common law purposes.

Harmonized Provision

  13. (7.3) For the purposes of paragraph (7)(e), where at a particular time one corporation would, but for this subsection, be related to another corporation by reason of both corporations being controlled by the same executor, liquidator of a succession or trustee and it is established that

  • (a) the executor, liquidator or trustee did not acquire control of the corporations as a result of one or more estates or trusts created by the same individual or by two or more individuals not dealing with each other at arm's length, and
  • (b) the estate or trust under which the executor, liquidator or trustee acquired control of each of the corporations arose only on the death of the individual creating the estate or trust, the two corporations are deemed not to be related to each other at the particular time.

Income Tax Amendments Act, 2000, S.C. 2001, c. 17, s. 196(1)

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