I-3, r. 1 - Regulation respecting the Taxation Act

Section 130r120 Disposition versions

2023-02-08

130R120. The amount that, in accordance with section 130R119, must be determined in respect of a class in Schedule B at the end of a taxation year is established according to the formula

A ×  B − 0.5 × C.

In the formula in the first paragraph,

(a)  A is, in respect of property of the class that is considered to be available for use by the taxpayer in the year and that is accelerated investment incentive property or property included in any of Classes 54 to 56 in Schedule B, one of the following factors:

i.  if the property is not described in section 130R62 or in any of subparagraphs ii, v and vi and is not included in any of Classes 12, 13, 14, 15, 43.1, 43.2, 53, 54, 55 and 56, or in Class 43 in the circumstances described in subparagraph vii,

(1)  0.5, for property that is considered to be available for use before 1 January 2024, and

(2)  nil, for property that is considered to be available for use after 31 December 2023,

ii.  if the property is qualified intellectual property included in Class 14.1,

(1)  19, if the property is considered to be available for use before 1 January 2024,

(2)  9, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  nil, in any other case,

iii.  if the property is included in Class 43.1,

(1)  7/3, if the property is considered to be available for use before 1 January 2024,

(2)  3/2, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  5/6, if the property is considered to be available for use after 31 December 2025,

iv.  if the property is included in Class 43.2,

(1)  1, if the property is considered to be available for use before 1 January 2024,

(2)  0.5, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026,

(3)  0.1, if the property is considered to be available for use after 31 December 2025, and

v.  if the property is qualified intellectual property included in Class 44,

(1)  3, if the property is considered to be available for use before 1 January 2024,

(2)  1, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  nil, in any other case,

vi.  if the property is included in Class 50, is acquired after 3 December 2018 and is used primarily in Québec in carrying on a business,

(1)  9/11, if the property is considered to be available for use before 1 January 2024, and

(2)  nil, in any other case,

vii.  if the property is included in Class 53 or, if the property is acquired after 31 December 2025, is included in Class 43 and would have been included in Class 53 if it had been acquired after 31 December 2024 and before 1 January 2026,

(1)  1, if the property is considered to be available for use before 1 January 2024,

(2)  0.5, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  5/6, if the property is included in Class 43 and is considered to be available for use after 31 December 2025,

(4)  0.1, if the property is included in Class 53 and is considered to be available for use after 31 December 2025,

vii.1.  if the property is included in Class 54 or 56,

(1)  7/3, if the property is considered to be available for use before 1 January 2024,

(2)  3/2, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  5/6, if the property is considered to be available for use after 31 December 2025,

vii.2.  if the property is included in Class 55,

(1)  3/2, if the property is considered to be available for use before 1 January 2024,

(2)  7/8, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  3/8, if the property is considered to be available for use after 31 December 2025, and

viii.  nil, in any other case;

(b)  B is the amount determined, in respect of the class, by the following formula:

D – E; and

(c)  C is the amount determined, in respect of the class, by the following formula:

F – G.

In the formula in subparagraph b of the second paragraph,

(a)  D is the total of all amounts each of which is an amount referred to in subparagraph i of subparagraph e of the first paragraph of section 93 of the Act in respect of property of the class that is considered to be available for use in the year and that is accelerated investment incentive property or property included in any of Classes 54 to 56 in Schedule B; and

(b)  E is the amount by which the amount determined, in respect of the class, pursuant to subparagraph b of the fourth paragraph, exceeds the amount determined, in respect of the class, pursuant to subparagraph a of that fourth paragraph.

In the formula in subparagraph c of the second paragraph,

(a)  F is the total of all amounts each of which is an amount that

i.  is added to the undepreciated capital cost to the taxpayer of property of the class under

(1)  subparagraph i of subparagraph e of the first paragraph of section 93 of the Act in respect of property, other than accelerated investment incentive property, that was acquired in the year or that is considered to be available for use by the taxpayer in the year, or

(2)  subparagraph ii.1 or ii.2 of subparagraph e of the first paragraph of section 93 of the Act, in respect of an amount that was repaid in the year, and

ii.  is not in respect of

(1)  property described in any of sections 130R62, 130R161, 130R192, 130R193 and 130R194, in subparagraph q or r of the second paragraph of Class 10 in Schedule B or in any of subparagraphs a to c, e to i, k, l, p, q and s of the first paragraph of Class 12 in that Schedule or in the third paragraph of that Class 12 or property to which subparagraph b of the second paragraph of section 130R19 applies for the year,

(2)  property included in any of Classes 13, 14, 15, 23, 24, 27, 29, 34, 52 and 54 to 56 in Schedule B,

(3)  property included in a separate class pursuant to an election made by the taxpayer in accordance with section 130R198 or 130R199,

(4)  where the taxpayer is a corporation described in section 130R92 throughout the year, property that is specified leasing property, within the meaning assigned to that expression by section 130R71, of the taxpayer at the end of the year,

(5)  property that is deemed to have been acquired by the taxpayer in a preceding taxation year by reason of paragraph b of section 125.1 of the Act in respect of the lease to which the property was subject immediately before the time at which the taxpayer last acquired the property, or

(6)  property that is considered to be available for use by the taxpayer by reason of subparagraph b of the first paragraph of section 93.7 of the Act or subparagraph c of the first paragraph of section 93.8 of the Act; and

(b)  G is any amount deducted from the undepreciated capital cost to the taxpayer of property of the class under subparagraph c or d of the second paragraph of section 93 of the Act, in respect of property disposed of in the year, or under subparagraph g of that paragraph, in respect of an amount the taxpayer received or was entitled to receive in the year.

s. 130R55.8; O.C. 2847-84, s. 8; O.C. 1114-92, s. 15; O.C. 1697-92, s. 29; O.C. 1539-93, s. 8; O.C. 366-94, s. 12; O.C. 1631-96, s. 16; O.C. 1282-2003, s. 24; O.C. 1249-2005, s. 7; O.C. 134-2009, s. 1; O.C. 164-2021, s. 18; S.Q. 2021, c. 18, s. 237; O.C. 90-2023, s. 11.

2021-06-04

130R120. The amount that, in accordance with section 130R119, must be determined in respect of a class in Schedule B at the end of a taxation year is established according to the formula

A ×  B − 0.5 × C.

In the formula in the first paragraph,

(a)  A is, in respect of property of the class that is considered to be available for use by the taxpayer in the year and that is accelerated investment incentive property or property included in Class 54 or 55 in Schedule B, one of the following factors:

i.  if the property is not described in section 130R62 or in any of subparagraphs ii, v and vi and is not included in any of Classes 12, 13, 14, 15, 43.1, 43.2, 53, 54 and 55, or in Class 43 in the circumstances described in subparagraph vii,

(1)  0.5, for property that is considered to be available for use before 1 January 2024, and

(2)  nil, for property that is considered to be available for use after 31 December 2023,

ii.  if the property is qualified intellectual property included in Class 14.1,

(1)  19, if the property is considered to be available for use before 1 January 2024,

(2)  9, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  nil, in any other case,

iii.  if the property is included in Class 43.1,

(1)  7/3, if the property is considered to be available for use before 1 January 2024,

(2)  3/2, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  5/6, if the property is considered to be available for use after 31 December 2025,

iv.  if the property is included in Class 43.2,

(1)  1, if the property is considered to be available for use before 1 January 2024,

(2)  0.5, if the property is considered to be available for use after 31 December 2023 and before 1 January 2025, and

(3)  nil, in any other case,

v.  if the property is qualified intellectual property included in Class 44,

(1)  3, if the property is considered to be available for use before 1 January 2024,

(2)  1, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  nil, in any other case,

vi.  if the property is included in Class 50, is acquired after 3 December 2018 and is used primarily in Québec in carrying on a business,

(1)  9/11, if the property is considered to be available for use before 1 January 2024, and

(2)  nil, in any other case,

vii.  if the property is included in Class 53 or, if the property is acquired after 31 December 2025, is included in Class 43 and would have been included in Class 53 if it had been acquired after 31 December 2024 and before 1 January 2026,

(1)  1, if the property is considered to be available for use before 1 January 2024,

(2)  0.5, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  5/6, if the property is considered to be available for use after 31 December 2025, and

vii.1.  if the property is included in Class 54,

(1)  7/3, if the property is considered to be available for use before 1 January 2024,

(2)  3/2, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  5/6, if the property is considered to be available for use after 31 December 2025,

vii.2.  if the property is included in Class 55,

(1)  3/2, if the property is considered to be available for use before 1 January 2024,

(2)  7/8, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  3/8, if the property is considered to be available for use after 31 December 2025, and

viii.  nil, in any other case;

(b)  B is the amount determined, in respect of the class, by the following formula:

D – E; and

(c)  C is the amount determined, in respect of the class, by the following formula:

F – G.

In the formula in subparagraph b of the second paragraph,

(a)  D is the total of all amounts each of which is an amount referred to in subparagraph i of subparagraph e of the first paragraph of section 93 of the Act in respect of property of the class that is considered to be available for use in the year and that is accelerated investment incentive property or property included in Class 54 or 55 in Schedule B; and

(b)  E is the amount by which the amount determined, in respect of the class, pursuant to subparagraph b of the fourth paragraph, exceeds the amount determined, in respect of the class, pursuant to subparagraph a of that fourth paragraph.

In the formula in subparagraph c of the second paragraph,

(a)  F is the total of all amounts each of which is an amount that

i.  is added to the undepreciated capital cost to the taxpayer of property of the class under

(1)  subparagraph i of subparagraph e of the first paragraph of section 93 of the Act in respect of property, other than accelerated investment incentive property, that was acquired in the year or that is considered to be available for use by the taxpayer in the year, or

(2)  subparagraph ii.1 or ii.2 of subparagraph e of the first paragraph of section 93 of the Act, in respect of an amount that was repaid in the year, and

ii.  is not in respect of

(1)  property described in any of sections 130R62, 130R161, 130R192, 130R193 and 130R194, in subparagraph q or r of the second paragraph of Class 10 in Schedule B or in any of subparagraphs a to c, e to i, k, l, p, q and s of the first paragraph of Class 12 in that Schedule or in the third paragraph of that Class 12 or property to which subparagraph b of the second paragraph of section 130R19 applies for the year,

(2)  property included in any of Classes 13, 14, 15, 23, 24, 27, 29, 34, 52, 54 and 55 in Schedule B,

(3)  property included in a separate class pursuant to an election made by the taxpayer in accordance with section 130R198 or 130R199,

(4)  where the taxpayer is a corporation described in section 130R92 throughout the year, property that is specified leasing property, within the meaning assigned to that expression by section 130R71, of the taxpayer at the end of the year,

(5)  property that is deemed to have been acquired by the taxpayer in a preceding taxation year by reason of paragraph b of section 125.1 of the Act in respect of the lease to which the property was subject immediately before the time at which the taxpayer last acquired the property, or

(6)  property that is considered to be available for use by the taxpayer by reason of subparagraph b of the first paragraph of section 93.7 of the Act or subparagraph c of the first paragraph of section 93.8 of the Act; and

(b)  G is any amount deducted from the undepreciated capital cost to the taxpayer of property of the class under subparagraph c or d of the second paragraph of section 93 of the Act, in respect of property disposed of in the year, or under subparagraph g of that paragraph, in respect of an amount the taxpayer received or was entitled to receive in the year.

s. 130R55.8; O.C. 2847-84, s. 8; O.C. 1114-92, s. 15; O.C. 1697-92, s. 29; O.C. 1539-93, s. 8; O.C. 366-94, s. 12; O.C. 1631-96, s. 16; O.C. 1282-2003, s. 24; O.C. 1249-2005, s. 7; O.C. 134-2009, s. 1; O.C. 164-2021, s. 18; S.Q. 2021, c. 18, s. 237.

2021-03-10

130R120. The amount that, in accordance with section 130R119, must be determined in respect of a class in Schedule B at the end of a taxation year is established according to the formula

A ×  B − 0.5 × C.

In the formula in the first paragraph,

(a)  A is, in respect of property of the class that is considered to be available for use by the taxpayer in the year and that is accelerated investment incentive property, one of the following factors:

i.  if the property is not described in section 130R62 or in any of subparagraphs ii, v and vi and is not included in any of Classes 12, 13, 14, 15, 43.1, 43.2 and 53, or in Class 43 in the circumstances described in subparagraph vii,

(1)  0.5, for property that is considered to be available for use before 1 January 2024, and

(2)  nil, for property that is considered to be available for use after 31 December 2023,

ii.  if the property is qualified intellectual property included in Class 14.1,

(1)  19, if the property is considered to be available for use before 1 January 2024,

(2)  9, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  nil, in any other case,

iii.  if the property is included in Class 43.1,

(1)  7/3, if the property is considered to be available for use before 1 January 2024,

(2)  3/2, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  5/6, if the property is considered to be available for use after 31 December 2025,

iv.  if the property is included in Class 43.2,

(1)  1, if the property is considered to be available for use before 1 January 2024,

(2)  0.5, if the property is considered to be available for use after 31 December 2023 and before 1 January 2025, and

(3)  nil, in any other case,

v.  if the property is qualified intellectual property included in Class 44,

(1)  3, if the property is considered to be available for use before 1 January 2024,

(2)  1, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  nil, in any other case,

vi.  if the property is included in Class 50, is acquired after 3 December 2018 and is used primarily in Québec in carrying on a business,

(1)  9/11, if the property is considered to be available for use before 1 January 2024, and

(2)  nil, in any other case,

vii.  if the property is included in Class 53 or, if the property is acquired after 31 December 2025, is included in Class 43 and would have been included in Class 53 if it had been acquired after 31 December 2024 and before 1 January 2026,

(1)  1, if the property is considered to be available for use before 1 January 2024,

(2)  0.5, if the property is considered to be available for use after 31 December 2023 and before 1 January 2026, and

(3)  5/6, if the property is considered to be available for use after 31 December 2025, and

viii.  nil, in any other case;

(b)  B is the amount determined, in respect of the class, by the following formula:

D – E; and

(c)  C is the amount determined, in respect of the class, by the following formula:

F – G.

In the formula in subparagraph b of the second paragraph,

(a)  D is the total of all amounts each of which is an amount referred to in subparagraph i of subparagraph e of the first paragraph of section 93 of the Act in respect of property of the class that is considered to be available for use in the year and that is accelerated investment incentive property; and

(b)  E is the amount by which the amount determined, in respect of the class, pursuant to subparagraph b of the fourth paragraph, exceeds the amount determined, in respect of the class, pursuant to subparagraph a of that fourth paragraph.

In the formula in subparagraph c of the second paragraph,

(a)  F is the total of all amounts each of which is an amount that

i.  is added to the undepreciated capital cost to the taxpayer of property of the class under

(1)  subparagraph i of subparagraph e of the first paragraph of section 93 of the Act in respect of property, other than accelerated investment incentive property, that was acquired in the year or that is considered to be available for use by the taxpayer in the year, or

(2)  subparagraph ii.1 or ii.2 of subparagraph e of the first paragraph of section 93 of the Act, in respect of an amount that was repaid in the year, and

ii.  is not in respect of

(1)  property described in any of sections 130R62, 130R161, 130R192, 130R193 and 130R194, in subparagraph q or r of the second paragraph of Class 10 in Schedule B or in any of subparagraphs a to c, e to i, k, l, p, q and s of the first paragraph of Class 12 in that Schedule or in the third paragraph of that Class 12 or property to which subparagraph b of the second paragraph of section 130R19 applies for the year,

(2)  property included in any of Classes 13, 14, 15, 23, 24, 27, 29, 34 and 52 in Schedule B,

(3)  property included in a separate class pursuant to an election made by the taxpayer in accordance with section 130R198 or 130R199,

(4)  where the taxpayer is a corporation described in section 130R92 throughout the year, property that is specified leasing property, within the meaning assigned to that expression by section 130R71, of the taxpayer at the end of the year,

(5)  property that is deemed to have been acquired by the taxpayer in a preceding taxation year by reason of paragraph b of section 125.1 of the Act in respect of the lease to which the property was subject immediately before the time at which the taxpayer last acquired the property, or

(6)  property that is considered to be available for use by the taxpayer by reason of subparagraph b of the first paragraph of section 93.7 of the Act or subparagraph c of the first paragraph of section 93.8 of the Act; and

(b)  G is any amount deducted from the undepreciated capital cost to the taxpayer of property of the class under subparagraph c or d of the second paragraph of section 93 of the Act, in respect of property disposed of in the year, or under subparagraph g of that paragraph, in respect of an amount the taxpayer received or was entitled to receive in the year.

s. 130R55.8; O.C. 2847-84, s. 8; O.C. 1114-92, s. 15; O.C. 1697-92, s. 29; O.C. 1539-93, s. 8; O.C. 366-94, s. 12; O.C. 1631-96, s. 16; O.C. 1282-2003, s. 24; O.C. 1249-2005, s. 7; O.C. 134-2009, s. 1; O.C. 164-2021, s. 18.

2012-09-01

130R120. The amount that, in accordance with section 130R119, must be determined in respect of a class in Schedule B at the end of a taxation year is established according to the formula

A – B.

In the formula in the first paragraph,

(a)  A is any amount added, in respect of a property that is neither a property described in subparagraph q or r of the second paragraph of Class 10 in Schedule B, in any of subparagraphs a to c, e to i, k, l, p, q and s of the first paragraph of Class 12 in that schedule or in the third paragraph of that Class 12, nor a property to which subparagraph b of the second paragraph of section 130R19 applies for the year, to the undepreciated capital cost to the taxpayer of property of the class either under subparagraph i of subparagraph e of the first paragraph of section 93 of the Act in respect of a property acquired during the year or that became available for use by the taxpayer in the year, or under subparagraph ii.1 or ii.2 of that paragraph e in respect of an amount repaid during the year; and

(b)  B is any amount deducted from the undepreciated capital cost to the taxpayer of property of the class under subparagraph c or d of the second paragraph of section 93 of the Act in respect of a property disposed of during the year or under subparagraph g of that paragraph in respect of an amount that the taxpayer received or was entitled to receive during the year.

s. 130R55.8; O.C. 2847-84, s. 8; O.C. 1114-92, s. 15; O.C. 1697-92, s. 29; O.C. 1539-93, s. 8; O.C. 366-94, s. 12; O.C. 1631-96, s. 16; O.C. 1282-2003, s. 24; O.C. 1249-2005, s. 7; O.C. 134-2009, s. 1.