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ARTICLE · 05 OCTOBER 2020

Disclosure Rules For Nominee Contracts Come Into Force In Québec

Bill 42, An Act to give effect to fiscal measures announced in the Budget Speech delivered on 21 March 2019 and to various other measures was assented to on September 24, 2020...

CanadaCorporate/Commercial Law

Bill 42, An Act to give effect to fiscal measures announced in the Budget Speech delivered on 21 March 2019 and to various other measures was assented to on September 24, 2020, bringing into force the new rules respecting the disclosure of nominee contracts to Revenu Québec (RQ ). The purpose of the new rules, which were announced in Information Bulletin 2019-5 (May 17, 2019), is to “protect the integrity and fairness of the Québec tax system.”

The Disclosure Obligation

Under the new rules, a taxpayer who is a party to a nominee contract entered into in the course of a transaction having tax consequences under the Québec's Taxation Act (or who is a member of a partnership that is a party to such a contract) must disclose the contract and the transaction to RQ.

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