Taxation law

Update Regarding the Obligation to Disclose Nominee Agreements

Sep 25th, 2020

By Frédéric Delisle

On September 23, 2020, Bill 42 An Act to give effect to fiscal measures announced in the Budget Speech delivered on 21 March 21 2019 and to various other measures was adopted by the Quebec National Assembly. The history of this bill can be found here. Included in this bill are, notably, measures concerning the obligation to disclose nominee agreements.

As a reminder, this obligation carries with it the need to disclose :

  • the date of the nominee agreement;
  • the identity of the contracting parties;
  • a description of the facts surrounding the nominee agreement;
  • the identity of the taxpayers for whom the nominee has tax consequences; and
  • any other information requested in the prescribed form.

The prescribed form is available here.

Originally, the delay in order to comply with this mandatory disclosure was as follows:

  • the 90th day following the date of the coming into effect of the agreement;
  • the 90th day after the bill received assent.

Now that Bill 42 has been passed and that assent has been received on September 24, 2020, the delay to comply with the mandatory disclosure of any existing nominee agreement has likely begun running, subject to any possible relief in light of the current public health emergency.

The Spiegel Sohmer Inc. team is at your disposal to help you validate your obligations and, if need be, comply with this mandatory disclosure.