I-3 - Taxation Act

Section 1029.8.36.136 Disposition versions

2010-04-20

1029.8.36.136. (Repealed).

2001, c. 51, s. 189; 2010, c. 5, s. 158.

2006-03-01

1029.8.36.136. The agreement to which subparagraph d of the first paragraph of section 1029.8.36.132 refers in respect of a foreign investment fund for a fiscal period, where the partnership is a member of an associated group at the end of the fiscal period, means the agreement pursuant to which all the member corporations and partnerships of the group attribute to the partnership, for the purposes of this division, an amount for the fiscal period that is not greater than the amount by which $300,000 exceeds the aggregate of all amounts each of which is an amount deemed under section 1029.8.36.129 or 1029.8.36.132 to have been paid to the Minister in respect of the fund

(a)  by a taxpayer who was a member of the partnership at the end of a preceding fiscal period for a taxation year in which that fiscal period ended;

(b)  where the partnership is a member of an associated group in the fiscal period, by a member corporation of the group, in the second paragraph referred to as the “particular corporation”, for a taxation year ending in the fiscal period or for any taxation year preceding that year, or by a taxpayer who is a member at the end of a fiscal period of another member partnership of the group, in the second paragraph referred to as the “particular partnership”, for a taxation year in which that fiscal period ended and ending in the fiscal period or for any taxation year preceding that year; or

(c)  where the partnership was a member of an associated group in a preceding fiscal period, by a corporation, other than a corporation referred to in subparagraph b, that was a member corporation of the group, in the second paragraph referred to as the “particular corporation”, for a taxation year ending in that preceding fiscal period or for any taxation year preceding that year, or by a taxpayer, other than a taxpayer referred to in subparagraph b, who was a member at the end of a fiscal period of another member partnership of the group, in the second paragraph referred to as the “particular partnership”, for a taxation year in which that fiscal period ended and ending in that preceding fiscal period or for any taxation year preceding that year.

For the purposes of subparagraph c of the first paragraph, where a particular corporation or a particular partnership was a member of a particular associated group in a preceding fiscal period, of which the partnership was not a member, the partnership is deemed to be a member of the particular associated group in the preceding fiscal period.

2001, c. 51, s. 189.