Income Tax Regulations

1000.1 (1) An election under subsection 164(6.1) of the Act shall be made by the legal representative of a deceased taxpayer by filing with the Minister a letter from the legal representative setting out the following:

• (a) the amount of the benefit referred to in subparagraph 164(6.1)(a)(i) of the Act;

• (b) the value of the right, and the amount paid for the right, referred to in subparagraph 164(6.1)(a)(ii) of the Act;

• (c) the deducted amount, referred to in subparagraph 164(6.1)(a)(iii) of the Act; and

• (d) the amount of the loss referred to in paragraph 164(6.1)(b) of the Act.

(2) The letter shall be filed not later than the day that is the later of

• (a) the last day provided by the Act for the filing of a return that the legal representative of a deceased taxpayer is required or has elected to file under the Act in respect of the income of that deceased taxpayer for the taxation year in which he or she died, and

• (b) the day the return of the income for the first taxation year of the deceased taxpayer’s estate is required to be filed under paragraph 150(1)(c) of the Act.