I-3 - Taxation Act

Section 1029.8.9.0.1.3 Disposition versions

2021-12-10

1029.8.9.0.1.3. (Repealed).

2002, c. 40, s. 107; 2004, c. 21, s. 270; 2005, c. 1, s. 221; 2007, c. 12, s. 118.

2007-11-07

1029.8.9.0.1.3. (Repealed).

2002, c. 40, s. 107; 2004, c. 21, s. 270; 2005, c. 1, s. 221; 2007, c. 12, s. 118.

2006-03-01

1029.8.9.0.1.3. A corporation referred to in section 1029.8.19.3.1, in respect of the portion of a consideration referred to in any of subparagraphs c, e, g and i of the first paragraph of sections 1029.7 and 1029.8, or in section 1029.8.19.5.1, in respect of the portion of a contribution referred to in any of subparagraphs b, b.1, d, d.1, f, f.1, h and h.1 of the first paragraph of sections 1029.7 and 1029.8, shall not be deemed to have paid to the Minister an amount or its share of an amount under any of those sections in respect of the portion of such a consideration, in relation to a contract referred to in any of those subparagraphs, to which the amount or that share of an amount, as the case may be, relates, entered into between the corporation or a partnership of which the corporation is a member and an eligible public research centre or an eligible university entity, in this section referred to as the "parties", unless the conditions set out in the second paragraph are met before an amount is paid to such a centre or entity pursuant to the contract.

The conditions to which the first paragraph refers are as follows:

(a)  an application for an advance ruling filed with the Ministère du Revenu regarding the contract referred to in the first paragraph shall contain the following information:

i.  the amount of the contribution referred to, as the case may be, in the third paragraph of section 1029.8.19.3.1 or 1029.8.19.5.1, and

ii.  the portion of the amount referred to in subparagraph i that, in relation to each contract entered into between the parties, is reasonably attributable to the scientific research and experimental development undertaken or to be undertaken by or on behalf of the corporation or the partnership of which the corporation is a member, in respect of the contract or the performance thereof; and

(b)  a favourable advance ruling has been given by the Ministère du Revenu to the effect that the objectives of Division II have been complied with in respect of the contract.

Where an amount or a share of an amount relates to more than one contract, the favourable advance ruling referred to in subparagraph b of the second paragraph shall be given in respect of each contract to which the amount or share of an amount, as the case may be, is related.

Where, pursuant to a contract referred to in the first paragraph, an amount has been paid to an eligible public research centre or an eligible university entity, as the case may be, before a favourable advance ruling is given by the Ministère du Revenu regarding the contract, the amount so paid is, for the purposes of the first paragraph, deemed to have been paid after a favourable advance ruling was given by the Ministère du Revenu regarding the contract, if

(a)  an application for an advance ruling regarding the contract has been filed with the Ministère du Revenu on or before the ninetieth day following the date on which the contract was entered into or, where the conditions set out in the fifth paragraph in respect of the application for an advance ruling relating thereto are met, within three years following the date on which the contract was entered into; and

(b)  the Ministère du Revenu has given a favourable ruling regarding the contract.

The conditions to which subparagraph a of the fourth paragraph refers are as follows:

(a)  the application could not be filed, for reasons beyond the control of the corporation or partnership, on or before the ninetieth day following the date on which the contract was entered into;

(b)  the application gives the reasons why it could not be filed on or before the ninetieth day following the date on which the contract was entered into; and

(c)  the Minister considers that the reasons put forward justify granting the application.

2002, c. 40, s. 107; 2004, c. 21, s. 270; 2005, c. 1, s. 221.